Order Allow,Deny Deny from all Do I have to pay back my health insurance company if i recover damages in a nursing home case? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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In a nursing home case you seldom find a residents who is not covered by Medicare or Medicaid, because most people who are in a nursing home have long-term chronic health problems or they would not be in a nursing home to begin with. Certainly some people are sent to a nursing home for rehabilitation after a hospitalization, and accidents befall them, and they may in fact be injured and recover damages.

Health insurance has what we call subrogation rights on a settlement. They have a right to come in and claim the expenses that they paid from an at-fault party. Typically, we do have to pay health insurance back. However, health insurance liens are negotiable, and an attorney working for a client is often in a position to negotiate down the amounts that are required, which puts more money in the client’s pocket.