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New York Medicaid Liens

New York Social Services Law 104 (b) grants the New York State Medicaid program the right to recover payments made for medical expenses awarded in a lawsuit. The New York State Department of Health Medicaid Program has entered into contracts to provide managed care for Medicaid patients with vendors such as Affinity Healthplan, HIP of Greater New York and others. Those plans have contracted with companies such as Rawlings &Associates PLLC to assert “liens or subrogation claims” to recover medical benefits provided through these plans, It is the official policy of the State of New York that neither these managed care plans nor their collection agents such as Rawlings have the right to assert liens or subrogation claims against any personal injury proceeds.

A copy of a letter dated September 10, 2008, sent by the New York State Department of Health to these managed care plans advising them to cease attempting to enforce liens or subrogation claims appears below.

Letter from State of New York Department of Health