Article by Richardson Published in Benefits & Compensation DigestProtecting Funds From Unreimbursable Future Medical Costs
October 1, 2010
Michael Richardson co-authored "Protecting Funds from Unreimbursable Future Medical Costs," published in the October 2010 issue of Benefits & Compensation Digest. The article addresses the right of medical benefit plans to deny payment for future medical expenses or to recover future medical costs when an injured participant recovers damages for future medical expenses in relation to a personal injury claim or workers compensation claim. This article identifies situations where a medical plan should investigate whether future medical costs were recovered, and highlights the legal and practical issues related to asserting a right to subrogation or reimbursement of future medical costs. The article also outlines suggestions for model plan language to prepare for a case involving future medical costs.