Can Medicaid take money from a death settlement?
Updated 9:30 PM;
Q. Can Medicaid take a settlement from family members of a deceased 28-year-old in New Jersey who was quadriplegic and in a nursing home for a portion of his disabled years? There is no lawsuit settlement yet, but may be in the next few years. Hopeful
A. It depends.
There are two types of claims for death caused by a third party due to negligence or other wrongful conduct.
One is a survival action that is brought to recover damages to the deceased person, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
What is already known about this topic?
Poisonous mushroom ingestions can result in serious illness and death. The national prevalence of health care use associated with accidental poisonous mushroom ingestion is unknown.
What is added by this report?
During 2016, an estimated 1,328 emergency department visits and 100 hospitalizations were associated with accidental poisonous mushroom ingestion. During 2016–2018, 8.6% (48 of 556) of patients who sought care for poisonous mushroom ingestions had a serious adverse outcome. Serious adverse outcomes were more common in Medicaid-insured patients than commercially insured patients.
What are the implications for public health practice?
Wild mushrooms should not be consumed unless identified by an expert; continued public health messaging about the potential dangers of poisonous mushroom ingestions is needed.