Q: If I win a malpractice case, how much do I have to pay back my health insurance provider?
A:
There is no universal formula. Insurance is governed by state regulations, so part of the answer could hinge on state-specific provisions of Pennsylvania law regarding subrogation (recouping by the carrier) of the cost of benefits originally provided by the carrier. It could also depend on the individual insurance carrier, as some could be more lenient than others in negotiating reductions of their medical liens based on the amount of a settlement or jury verdict. If it's a public agency insurer, they could be less flexible because the amounts they must recover are governed by pre-set percentage reductions. If you are represented by an attorney, they should be able to outline the operation of this in greater detail for you. Good luck
Tim Akpinar
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