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WHAT IS A SUBROGATION CLAIM? |
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(THE INFORMATION IN THIS SITE APPLIES TO GEORGIA ONLY)
If you have been injured and incurred medical bills because of the negligence
of a healthcare provider, your medical bills may have been paid by Medicare, Medicaid, or
a group health insurance company or HMO. If you obtain a recovery from the negligent
healthcare provider that caused your injuries, you may find that you have to pay back
Medicare, Medicaid, or the group health insurance company or HMO for the bills they paid
as a result of the negligence of the defendant. The laws and procedures dealing with
Medicaid and health insurance programs are different from state to state, and even between
insurance companies, so you will need to check with your lawyer about the specifics for
your case. Medicare is a federal program and no matter where you are if your bills were
paid by Medicare you will have certain obligations to at least partially reimburse
Medicare for what it paid. These claims of Medicare, Medicaid or your insurance company
that they should be paid back are called "subrogation claims." Similarly, if a
medical bill for services relating to your injury is unpaid, the unpaid healthcare
provider may also have a subrogation claim and need to be paid out of the recovery.
Under most circumstances your lawyer should handle these matters for
you.
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
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