Other than Medicare and Medicaid are there any other entities (such as healthcare providers) that you required by statute to pay

Asked about 4 years ago - Orlando, FL

When you are settling a personal injury claim, other than Medicare and Medicaid, are there any other entities (such as health care providers) that you required by statute to pay/reimburse?

Attorney answers (2)

  1. Dennis Michael Phillips

    Contributor Level 17


    Lawyer agrees

    Answered . Yes there are other entities whom you may have to pay; but not just by statute. Your hospital may have a statutory lien. Some other entities are entitled to reimbursement by contract. Your attorney should be advising you on this. Preventing our clients from being sued by their own insurance companies and health care providers is another valuable service that we personal injury / wrongful death lawyers provide. If your health insurer claims a lien, you will need to know whether it's an ERISA plan or not. You need to review your insurance coverages so you'll know whether they have a right to be repaid and, if so, whether state or federal law applies. If your healthcare providers are claiming that you still owe them a balance, then you need to review their status to see whether they are improperly "balance billing". Review your contracts. Verify whether your doctors/facilities are on your health insurance plan and whether your plan is ERISA governed. See Winans v. Weber and review Fla Stat 768.76.
    There is a lot to know - too much for me to tell you about without reviewing your specific facts. Get with your attorney on this. If you don't have one, then you are probably settling your case for too little; and you are potentially exposing yourself to some bad things down the road if you don't take care of your providers and insurers properly.
    Dennis Phillips, Esq.
    dial 1-866-INJURED from anywhere in Florida

  2. Nima Taradji

    Contributor Level 16

    Answered . Attorney Phillips' answer is right on. You should have an attorney at least review your case before you settle it or sign any papers.
    I hope this helps-

    Nima Taradji

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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