Do I have to pay back Medicare or Medicaid if I win my nursing home case?

Medicare and Medicaid are both considered insurers that have an absolute right of subrogation. So the general answer is yes, you’re going to have to pay something back to Medicare and Medicaid for the amount of monies they expended in somebody’s care. Now, those numbers are negotiable, and there are in fact formulas set up to be able to determine what, if anything, you have to pay back. That is something that an attorney specializing in nursing home cases will be able to answer for you, if you have that type of case.