Medical Malpractice Recovery Program
About Us
The Department of Health Care Services’ (DHCS) Medical Malpractice Recovery Program seeks reimbursement for services that Medi-Cal paid on behalf of its beneficiaries who are involved in third party actions, such medical and dental malpractice, birth injuries, elder abuse and wrongful death. When a Medi-Cal beneficiary receives a settlement, judgment or award from a liable third party as compensation for injuries they incurred, the Medical Malpractice Recovery Program is required by federal and State law to recover funds for any related services paid by Medi-Cal.
For claims involving personal injury, class action litigation, or workers’ compensation, use the links below to the appropriate recovery unit.
Lien Process
The Medi-Cal beneficiary or personal representative is required by law to report an action or claim in writing to DHCS pursuant to Welfare and Institutions (W&I) Code Section 14124.70 et seq. Notifications must be submitted to the
online case notification webpage or by mail within 30 days of filing an action or claim, and MUST include the following pursuant to W&I Code Section14124.73(c):
(1) The date of the Medi-Cal beneficiary’s injury,
(2) the Medi-Cal beneficiary’s Medi-Cal identification number,
(3) the contact information of the liable third party or insurer,
(4) the contact information of the claims administrator including their claim number, and
(5) the contact information of any defense counsel representing the liable third party or insurer.
Please allow 30 days for DHCS to send a letter confirming receipt of the notification.
DHCS Lien Overview: Medical Malpractice
Requesting a Preliminary or Final Lien
A case must be established with the Department before a lien request can be submitted, and all preliminary and final lien requests must be submitted online. To request a preliminary or final lien from the Medical Malpractice Unit on an established case, click on the link below. When completing the request form, you will be required to provide relevant information related to your request and supporting documentation as required.
Preliminary or final lien Request Form
Please note: The Medical Malpractice Unit no longer accepts preliminary or final lien requests via TMU@dhcs.ca.gov.
When the beneficiary has completed treatment or a settlement has occurred, DHCS will order and review the payment records to establish a “lien,” or list of injury related services subject to collection. Use the
Online Forms to tell DHCS when treatment ends or a settlement has occurred or use the Preliminary or final lien Request Form to request a lien. DHCS has the right to recover up to the date of settlement or full resolution of all actions associated with the injury, pursuant to W&I Code Section 14127.785. Upon each settlement, the beneficiary or personal representative is required to notify DHCS so that an updated lien may be prepared pursuant to W&I Code Section 14124.76 and 14124.79. For more information on the lien process and timeframes, visit our
Frequently Asked Questions. If funds will be placed into a Special Needs Trust, please go to the Special Needs Trust webpage for further instructions on notifying DHCS’ Special Needs Trust Unit.
