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Subrogation/Right of Reimbursement

Most times, health insurance carriers have a “Right of Reimbursement” or “Subrogation” clause in their policies/contracts. In essence, these clauses state that if an injured party recovers damages from an “at fault” party, that person (the injured party and policy holder) must “reimburse” the medical insurance company what it paid out in medical bills related to the claim. This is not an accurate or complete statement of Georgia statutory law. Georgia statutory law places strict limitations on when and how a medical insurance company may be reimbursed. Careful steps can be taken to greatly reduce and even completely cancel a health insurance company’s so called “right of reimbursement” during the pendency of the client’s case. I am morally, ethically, and philosophically opposed to an insurance company’s assertion that it has a right of “subrogation” or a “right of reimbursement.”