Comments on: Benefits overpayments: What are your rights? http://www.hrbenefitsalert.com/benefits-overpayments-what-are-your-rights/ Daily dose of benefits news and know-how Tue, 04 Aug 2009 18:30:38 -0400 http://wordpress.org/?v=abc hourly 1 By: mkw http://www.hrbenefitsalert.com/benefits-overpayments-what-are-your-rights/comment-page-1/#comment-1706 mkw Thu, 11 Dec 2008 22:14:07 +0000 http://www.hrbenefitsalert.com/?p=429#comment-1706 Am not sure what the legal stand would be, but only seems fair that any medical expenses not covered by insurance and any punitive damages that may have been awarded should be excluded from any payback requirements. Any money from the settlement that duplicates the money from insurancy should then be awarded back to the medical insurance carrier. Am not sure what the legal stand would be, but only seems fair that any medical expenses not covered by insurance and any punitive damages that may have been awarded should be excluded from any payback requirements. Any money from the settlement that duplicates the money from insurancy should then be awarded back to the medical insurance carrier.

]]> By: Nanette Lester http://www.hrbenefitsalert.com/benefits-overpayments-what-are-your-rights/comment-page-1/#comment-1705 Nanette Lester Thu, 11 Dec 2008 20:34:54 +0000 http://www.hrbenefitsalert.com/?p=429#comment-1705 My daughter was involved in a serious accident caused by another driver falling asleep at the wheel. Our medical insurer tried to recoup 100% of what they had paid out in medical bills, even though that would have taken almost the entire settlement. We had numerous other expenses as a direct result of the accident (travel expenses for us to care for her, special items to accommodate her limitations, etc.) We protested, ended up with a lawyer involved to negotiate a settlement, and the medical insurer got 20% of the insurance settlement. All of this is to say that it is not always so cut and dried. A settlement should be for ALL results of an accident, not just to reimburse the medical coverage. My daughter was involved in a serious accident caused by another driver falling asleep at the wheel. Our medical insurer tried to recoup 100% of what they had paid out in medical bills, even though that would have taken almost the entire settlement. We had numerous other expenses as a direct result of the accident (travel expenses for us to care for her, special items to accommodate her limitations, etc.) We protested, ended up with a lawyer involved to negotiate a settlement, and the medical insurer got 20% of the insurance settlement.

All of this is to say that it is not always so cut and dried. A settlement should be for ALL results of an accident, not just to reimburse the medical coverage.

]]> By: Glenda http://www.hrbenefitsalert.com/benefits-overpayments-what-are-your-rights/comment-page-1/#comment-1703 Glenda Thu, 11 Dec 2008 19:36:14 +0000 http://www.hrbenefitsalert.com/?p=429#comment-1703 I had an accident and our health insurance covered all the bills, but I had to sign a subrugation agreement stating I would repay them if I received any settlement dollars. I just thought that was standard precedure. If it's not, it should be. I had an accident and our health insurance covered all the bills, but I had to sign a subrugation agreement stating I would repay them if I received any settlement dollars. I just thought that was standard precedure. If it’s not, it should be.

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