Sunday, May 29, 2011

What law in prevents health insurance companys from subrogating paid medical bills?

I live in Pennsylvania and I need to know what law prevents insurance company from subrogating medical bills paid out from a motor vehicle accident. I know there is such law because my lawyer used it for me, my friend would benefit from that law but I cannot remember what it was. Please provide a link to a official page on it.
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I'm not aware of any such law. If your attorney used it - call him and ask him about it. But each situation is unique. Just because a health insurer did not subro in your case does not mean they can't do it in your friends case. If your friend has an ERISA (employer sponsor) health plan. The plan has language in it that will allow the health insurer to subrogate against the settlement proceeds. This is how health insurance keep their rates down. If they did not subro - health insurance rates would be higher than they already are. Medicare, Medicaid, Tri-Care automatically have a lien. Can't get around not paying those guys. It could also depend on the coverage the claim is being made under. In some states, you can't subro against certain coverages. It can get tricky dealing with health insurance liens. And there can be lots of different variables that affect it.
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