The Affordable Care Act and Personal Injury Settlements
Posted By Garrett Riley || Jul 13, 2012
The United States Supreme Court recently ruled that the Affordable Care Act is constitutional, allowing it to become the law of the land. This Act is supposed to provide for health insurance for millions of Americans. As the majority of the law goes into effect over the next couple years, it is yet to be determined exactly how it will affect personal injury cases, but we may have a idea based on what we currently know about how health insurance interacts with a personal injury case.
Right now, if health insurance, Medicare, or Medicaid covers some of a car accident victim's medical bills, it is important to reach out to that entity in order to determine if they will lien the file. This means that they may make a claim against some of the recovery for damages to cover what they paid out in medical bills. This is an important step in the personal injury settlement process. Sometimes the health insurance company will make a claim against the case for reimbursement of their damages and sometimes not.
It depends on the company or government agency and also on how much they covered in medical bills. Taking care to address these possible liens up front is important because the health insurance company could seek to recover later on from the injured person from some of their settlement proceeds. Each company and each case is different so it is critical to discuss with your Tampa personal injury attorney whether the health insurance company, doctor's office, or hospital, has any claims, or liens against your file.
Under the Affordable Care Act it is possible that more and more people who are injured in an accident will have health insurance and will have to analyze that fact in light of any personal injury case or settlement.