Receiving an injury settlement can be life-changing. After weeks, months, or even years of dealing with an injury, medical treatment, and legal proceedings, you finally have a settlement that is meant to help you move forward. But along with that settlement come responsibilities — and rights. Understanding your rights as a settlement recipient is essential to protecting your money and your future healthcare.
Your Right to Understand Your Settlement
First and foremost, you have the right to fully understand your settlement. This means understanding not just the total amount, but also how it is broken down — including any Medicare Set-Aside allocation, attorney fees, medical lien payments, and the net amount you will actually receive.
If anything about your settlement is unclear, you have the right to ask questions and get clear answers. Do not sign anything you do not understand. Your attorney should explain every component of the settlement, and if there are Medicare-related aspects, a settlement consultant can help explain those in plain language.
At Medvst, we believe that understanding is the foundation of good decision-making. We take the time to explain every aspect of the Medicare-related portions of your settlement in terms you can understand.
Your Right to Choose Your MSA Administrator
If your settlement includes a Medicare Set-Aside, you have the right to choose who administers it. You are not required to use any particular company. You can self-administer your MSA, or you can choose a professional administrator.
When choosing an administrator, consider their experience, their track record, their fees, and how they communicate with clients. You should feel comfortable with the company managing your funds and confident that they will handle your MSA correctly.
You also have the right to change administrators if you are not satisfied with the service you are receiving. Your MSA funds belong to you, and you should have an administrator who treats you and your money with respect.
Your Right to Dispute Medicare Lien Amounts
If Medicare has a lien on your settlement, you have the right to review the lien amount and dispute any charges that are incorrect. Medicare's conditional payment records sometimes include errors — charges for treatment unrelated to your injury, duplicate payments, or billing mistakes.
You have the right to request a detailed conditional payment summary from the Benefits Coordination & Recovery Center (BCRC). You can review every charge on that summary and dispute any that you believe are wrong. Medicare is required to review your disputes and respond.
You also have the right to a procurement cost reduction, which reduces the lien proportionally based on the attorney fees and costs you paid to obtain your settlement.
Professional lien resolution services, like those offered by Medvst, can help you exercise these rights effectively. We review every charge, identify errors, file disputes, and negotiate on your behalf to reduce your lien to the correct amount.
Your Right to Continue Choosing Your Doctors
Having a Medicare Set-Aside does not change your right to choose your own healthcare providers. You can continue seeing the doctors, specialists, and therapists of your choice. The MSA simply changes how those injury-related medical bills are paid — they come out of your MSA account first, rather than being billed to Medicare.
You should never feel pressured to change doctors or limit your medical care because of your MSA. Your health comes first, and your MSA is there to support your medical needs.
Your Right to Transparent Fee Information
Before you agree to any MSA administration, lien resolution, or consulting service, you have the right to know exactly what the fees will be. Reputable companies provide clear, upfront pricing with no hidden charges.
Ask questions about fees before signing any agreement. Understand what is included in the fee, whether there are any additional charges, and how the fees are structured (flat fee, percentage, etc.). You should never be surprised by charges after the fact.
At Medvst, we are committed to full transparency. We explain all our fees during the initial consultation, and we put everything in writing. You will know exactly what you are paying for before we begin working together.
Your Right to Access Your Account Information
If your MSA is being professionally administered, you have the right to access your account information at any time. This includes your current balance, payment history, copies of reports filed with CMS, and any other documents related to your MSA.
A good administrator makes this information readily available — ideally through a secure online portal where you can log in and view your account whenever you want. You should never have to beg for information about your own money.
Medvst provides every client with a secure online portal where they can view their MSA balance, review payments, download documents, and communicate with our team. Your money, your information — always accessible to you.
Your Right to File Complaints
If you believe your rights are being violated — whether by Medicare, your MSA administrator, or any other party involved in your settlement — you have the right to file complaints.
For issues with Medicare or CMS, you can contact the BCRC or file a complaint with the Department of Health and Human Services. For issues with your MSA administrator, you can contact your state's consumer protection agency or the Better Business Bureau.
You should never feel powerless. There are systems in place to protect you, and you should not hesitate to use them if something is not right.
Your Right to Privacy
Your personal, medical, and financial information is protected by federal privacy laws, including HIPAA. Any company handling your MSA, processing your medical bills, or resolving your liens must comply with these privacy protections.
You have the right to know how your information is being used, who has access to it, and what safeguards are in place to protect it. You also have the right to request restrictions on how your information is shared.
Your Right to Bilingual Services
If English is not your primary language, you have the right to receive services in a language you understand. At Medvst, we provide full bilingual services in English and Spanish because we believe everyone deserves to understand what is happening with their settlement.
Protecting Your Rights — and Your Future
Your injury settlement is meant to support your recovery and your future. Understanding your rights helps you make sure that happens. Do not be afraid to ask questions, seek expert help, and advocate for yourself.
If you have questions about your rights as a settlement recipient, Medvst is here to help. Contact us at (818) 674-1211 or visit medvst.com for a free, no-obligation consultation. We will take the time to answer your questions and help you understand your options — in plain language, with no pressure.