Tuesday, July 31, 2012

Paybacks are a Pain: Health Insurance, Workers' Compensation, Medicaid, Medicare

   The most important priority for accident victims is necessary medical treatment.   Whether  paid by Health Insurance, Workers' Compensation, Medicaid, Medicare, each payor is protected by "subrogation" or "lien" rights.    This can best be explained as all medical expenses must be repaid out of any recovery.  This is rationalized under the principles of "one cannot recover the same damages twice" and "this is how these programs minimize their costs."  Every dollar paid back is one less dollar for the client.

   Depending on the specific facts of each case, a lawyer may be able to negotiate reductions in these paybacks, sometimes entirely.  You have to play your hand smartly.  See www.junelawyer.com