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 Posted: Mon Nov 10, 2008 9:21 pm Post subject: Medpay Subrogation - Do I need to pay back? |
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| I was told by my chiropractor that in some states, you do not have to pay back the medpay you used. I didn't think that I could keep the money that should have been paid back to my insurance co for my medical expenses due to my accident, which I was not at fault. Does anyone have any information on this topic? The state in question would be Iowa |
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jennb4576
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| Posted: Mon Nov 10, 2008 9:40 pm Post subject: Such subrogation is not allowed in many states |
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in many states medpay subrogation is not allowed, instead double dipping (paid twice for same thing) is allowed, you will have to check your state...Contact your states, Dept of Ins. comsumer line, (on the web ) and they will be able to help...ALL health ins carriers subrogate though, so if your bills have been paid by any health carrier they will want their money back...and as I said, some states do allow medpay to be subrogated.
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Lori
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| Posted: Tue Nov 11, 2008 2:15 am Post subject: PA allows this subrogation |
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| Gee..wish those rules aplied here in PA.. medpay subrogation is quite possible over here. |
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fireyone
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| Posted: Tue Nov 11, 2008 6:47 am Post subject: |
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Hi jennb, you might have got the answer already that some states do allow you to double dip i.e. you can receive compensation from both your auto policy as well as from the other guys insurance and can keep the money for good, whereas, in some other states the insurer might get the money back that they have paid towards your medical expenses when the other driver is at-fault. It depends entirely upon your states guidelines. Hence, what the chiropractor has said might or might not be true. Check with your policy document for the medpay clauses. Also contacting the insurance department might help.
You can read more on Medpay repayment from ampminsure board. |
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jeorge
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| Posted: Tue Nov 11, 2008 8:33 am Post subject: |
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In many states the PIP benefits that is paid by the first party insurer isn't subrogable, that is, if the benefits are paid through the PIP coverage, the insurer can't subrogate it against the health insurance or the responsible party's insurance. The recipient may collect from both the policies.
Medpay is different from the PIP coverage. Under medpay subrogation the insurer is allowed to subrogate against the policy holder once the other party's insurer pays the medical expenses.
Thanks,
Rupert |
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RupertWBradson
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| Posted: Tue Nov 11, 2008 9:02 pm Post subject: |
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| In Iowa medpay subrogation is done out of the insured third party settlement |
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jballenger
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| Posted: Tue Nov 11, 2008 11:56 pm Post subject: |
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| Doesn't that mean that they (insurance company that paid for the medical) has to be paid first? Thats how I always understood it to be. |
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fireyone
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| Posted: Wed Nov 12, 2008 4:19 am Post subject: It happens after the medical bills are paid |
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Yup, the insurer is required to pay the medical bills of the policy holder before they can recover the amount through subrogation. The Medpay coverage act first to meet the medical expenses which the policy holder has accumulated before the third-party settles the bodily injury claim.
Medpay subrogation happens only after the medical expenses are met by the auto insurer.
~Jeremy |
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JeremyHolter
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| Posted: Wed Nov 12, 2008 1:20 pm Post subject: med pay in iowa |
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| ONCE YOU HAVE COMPLETED TREATMENT THE AT FAULT CARRIER WILL CONFIRM THE MED PAY SUBROGATION AMOUNT AND RESOLVE YOUR CARRIERS MED PAY SUBROGATION AS WELL AS ANY OUT OF POCKET EXPENSES, PAIN AND SUFFERING ECT....YOU MAY HAVE |
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jballenger
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| Posted: Thu Jan 15, 2009 4:55 am Post subject: my fault accident |
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My insurance( BCBS) paid for my fault accident my husband had a MRI and the office said in Mo. I didn't have to pay back BCBS when my auto paid also, does anyone then if thats true?
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fay
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| Posted: Tue Aug 11, 2009 11:57 pm Post subject: Statute of limitations |
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What is the statute of limitations for medpay subrogation in Nevada
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Sheila848
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| Posted: Wed Aug 12, 2009 12:41 pm Post subject: |
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| It truly depends on your state. Here in PA they did subrogate. It was a forever process. In the end they could not get highmark to even respond half the time. After my settlement they (atty) put the medical monay highmark claimed I owed aside wating to see if they would agree to a lesser amount. After a few months they released the funds to me advising me highmark had the right to collect it in the future. Eventually the did agree to the lesser amount and I sent the money back to the atty. I would be sure of what was going on because this can be tricky depending on your state. |
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fireyone
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| Posted: Thu Aug 26, 2010 12:11 pm Post subject: med pay |
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please advise if Blue Cross Blue Shield has the right to put a lien on my settlement with the third party carrier in the state of VA. I was told that you can treat with your health insurance and also collect your med pay.
Please let me know, because I read the statue for VA Law which is 38.2.2209 which indicates that med pay is not subrogatable.
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| Posted: Thu Aug 26, 2010 12:23 pm Post subject: is med pay subrogatable in VA |
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please advise if Blue Cross Blue Shield has the right to put a lien on my settlement with the third party carrier in the state of VA. I was told that you can treat with your health insurance and also collect your med pay.
Please let me know, because I read the statue for VA Law which is 38.2.2209 which indicates that med pay is not subrogatable.
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| Posted: Thu Aug 26, 2010 6:43 pm Post subject: |
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"Medical Payments" in an auto policy, if that's what you're talking about, is EXCESS coverage -- it would pay only if your medical insurance does not, or if you chose not to use your medical insurance. This coverage is for you through your own auto policy.
On the other hand, if you are collecting on a claim for personal injuries from a third party, and your medical insurance has already paid medical expense claims for those "damages", then the medical insurance company DOES have the right to subrogate that claim, perhaps even the ability to place a lien on your settlement.
If nothing else, they have a claim against your third party settlement, and can come after you for the money they paid on your behalf.
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MaxHerr
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