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Posts Tagged ‘Insurance’

How Health Care Reform May Affect Settlements

Wednesday, March 31st, 2010

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act of 2010 into law.  The enactment of this law heralds a new era in American health care and insurance practices.  Though there are many conflicting views on the changes that the law creates, there will definitely be a shift in how insurance companies and health care providers operate from now on.  In reviewing the basics of Health Care Reform, there are many aspects that may have an affect on future settlements in cases where an insurance company or provider has made payment.  It will be important in the coming months and years for attorneys to be aware of the status of their client’s insurance eligibility and enrollment, and to continue to remain compliant throughout the case management process.

Based on some of the basic tenents of the Patient Protection and Affordable Care Act of 2010,  here are a few things that the trial bar may see in the future: Read the rest of this entry »

Ask A Lien Professional: Recovery Contractors

Thursday, February 18th, 2010
Question:

I have a case that has a private insurance lien. I sent in a notice to the insurer, but got a response from another company.  What do I do with this? - Orlando Attorney 

Answer: 

 When resolving a possible lien with a private insurer, it is important to know who the involved parties are, and their role in the resolution of a case.  You have received a response from a “Recovery Contractor” which is a separate company hired by the insurer to address all subrogation and recovery issues on their behalf.  Recovery contractors have the authority to initiate collection activity against the insured, to provide information about the claims included in the lien, and act as the liaison between the lien holder and the insured in matters of lien negotiation.  In order to get the best results from a recovery contractor, there are three things you should know.  

 
 1. They want to recover as much as possible – even if they aren’t entitled to it!
Recovery contractors are a lot like collection agencies.  They want to recover as much as possible, because in some cases, it adds to their bottom line.  The problem with that is, the amount that is submitted for payment  is not always the amount that the claimant should have to pay.  It is important to audit the claims included in the lien to be sure that they are all related to the compensable injury.  Even more important is the evaluation of the plan language and plan type before making any offers or payments.Â