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How long does it take a healthcare company to waive their claim for the reimbursment of medical bills they pay out?

Sparta, WI |

Lawyer is holding my settlement cause he is waiting for my healthcare provider to waive the claim so I can get the medical bill payout, what does this mean? How long does something like this take? I was in an accident a passenger not at fault and suffered 120,000.00 and my lawyer already got me 100,000.00 but hasnt paid me yet until the healthcare provider waives the claim.

Attorney Answers 3


No set time limit. Sometimes it takes a long time because you have to battle with them, work your way up the authority ladder, etc. Getting the 100k settlement was maybe half the battle. getting the healthplan to waive its claim completely would be a stellar result. I wouldnt assume they will waive completely. Many factors come in to play; the plan language, type of plan, state law, ERISA, various equitable doctrines, etc. There is a case pending in the US Supreme Court argued about a month ago that will affect self insured Erisa healthplans and their plan language concerning reimbursement.

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What does your lawyer say about this? Sounds like he/she is trying to get the health insurer to waive its claim because you aren't made whole from the settlement. Getting the agreement to waive can take some time.

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It is not possible to second guess this issue. It could be a matter of a few weeks or six months. Health entities have so many offices to deal with. You just have to be patient. Your money is not going anywhere. It is in your lawyer's trust account. You can check with him once a week until this issue is resolved. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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