CAR ACCIDENTS, HEART & LUNG BENEFITS AND SUBROGATION
This office ended the unjust subrogation of Heart and Lung from police officers and other public safety personnel involved in Pennsylvania auto accidents. In 1993, when Workers’ Compensation benefits were again subjected to subrogation in auto accident cases, governments began to claim subrogation rights from Heart & Lung benefits paid to public safety personnel. Heart and Lung Act benefits were created by the Legislature to provide full payment of salary to police officers, firemen and other law enforcement officers who are injured in the performance of their duties and by reason thereof are temporarily incapacitated from performing their duties. These benefits
ACCIDENT RELATED SUBROGATION- HOW TO MINIMIZE IT
In Pennsylvania, accident related medical bills, other than car accidents covered by first party benefits, will be paid by your own health insurance. If you have Medicare, Medicaid, Workers’ Compensation, Veterans Administration benefits, an HMO or any other private health insurance plan, there will almost always be subrogation claims in the event of a settlement. Non-ERISA health plans may be barred from subrogation in Pennsylvania car accident cases. There are a number of legal and medical issues that can be raised in order to try to reduce the subrogation lien. The legal issues require the collection and review of the underlying
SUBROGATION & ACCIDENT SETTLEMENTS
In Pennsylvania, if you are injured in an accident and receive a settlement, there may be a legal duty to repay the health insurer who has already paid your medical bills. This is referred to as subrogation. Subrogation arises out of various laws such as Medicare, Medicaid, Workers’ Compensation, and Veterans Administration heath care. Subrogation also arises out of the private health care insurance contract that paid your hospital and medical bills. Typical language found in a health care booklet states that: “The Plan also has the right to seek payment and/or reimbursement from you if you receive a payment, settlement, judgment