State of Wisconsin
Department of Health Services

Release 24-01
April 03, 2024

View History

5.6 Casualty Claim Process (Subrogation)

Casualty claims are those claims for BadgerCare Plus benefits resulting from an accident or injury for which a third party may be liable.

Example 1

Mike receives treatment for injuries suffered when he was hit by a car. The vehicle owner is the third party and may be responsible for reimbursing BadgerCare Plus for those benefits. If Mike is working with an attorney or insurance agency to settle the claim, he is legally obligated to give notification to the local agencyThe local human services or tribal office responsible for determining eligibility for Forward Health Care Programs..

BadgerCare Plus members should report any casualty claims before the case is settled. The BadgerCare Plus ID number of the BadgerCare Plus member, date of the accident, and the insurance company or name of the attorney to bill should be included with the referral.

5.6.1 Reporting Accident or Injury Claims

If members are in an accident or are injured and receive a cash award or settlement due to the accident or injury and Medicaid (including SSI enrollees) pays for part or all of the care, it must be reported. When Medicaid pays for a claim that is related to an accident, a letter is sent to the member informing them of the requirement to report the information.

If a member has hired an attorney or is working with an insurance agency to settle the claim, that must also be reported. If a member reports a claim, they must report the accident or injury case to the Casualty Recovery Unit using one of the following methods:

Mail:
WI Casualty Recovery—HMS
5615 Highpoint Dr., Suite 100

Irving, TX 75038-9984
Telephone: 877-391-7471
Fax: 469-359-4319
Email: wicasualty@hms.com

More information can be found at www.wicasualty.com/wi/index.htm.

Note

If the member is enrolled in an HMO or MCO they must also report the accident or injury to that organization.

All other Medicaid members should report in person or via phone their local agency and any HMO or MCO that may have provided services before the case is settled. Members should include the date of the accident and any insurance/attorney information.   

This page last updated in Release Number: 16-02
Release Date: 08/08/2016
Effective Date: 08/08/2016


The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 and 101 through 109 of the Wisconsin Administrative Code.

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-10171