Colorado Hospitals Must Bill Medicare Before Injured Patient

Hospitals that treat Medicare patients injured in accidents caused by other people must bill the federal program before seeking payment directly from the patient, Colorado’s top court said.

This interpretation of Colorado’s hospital lien law doesn’t conflict with the federal Medicare Secondary Payer Statute because it doesn’t require hospitals to bill Medicare at all, the Colorado Supreme Court said. A hospital can rely solely on a liability or casualty insurer for payment, it said.

Nothing in the state law changes the fact that an insurer remains primarily liable for the patient’s bills, and Medicare is the secondary payer, the court ...