QUESTION
Is my attorney required to disclose my settlement agreement to my health provider?
Asked on Sep 28th, 2013 on Personal Injury - Oklahoma
More details to this question:
Disclosed pay off amounts to health care provider received and money held trust for liens. Does this breach confidentiality?
8 ANSWERS
Ronald A. Steinberg
Your attorney is required to satisfy liens such as Medicare, Medicaid, and most health insurance. Since they paid for your medical care, they are entitled to get some, most, or all of their money back, depending on the amount of money which you got.
Answered on Oct 01st, 2013 at 9:07 AM
Edwin K. Niles
The attorney has to take care of the liens or you and he will be in breach of your agreement.
Answered on Oct 01st, 2013 at 3:00 AM
Check your fee agreement. Most such contracts authorize payment of health care providers directly from the client's portion of any settlement or judgment to satisfy liens that the lawyer has been notified of, and also to protect you from the indemnification provisions of any release(s) you signed to obtain the settlement check.
Answered on Sep 30th, 2013 at 1:14 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
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Atty's have to pay liens and have to share with the likes of medicare and Medicaid etc so probably not. what are you trying to do, cause trouble. Why? Why? Why?
Answered on Sep 30th, 2013 at 1:05 PM
Insurance Defense Litigation Attorney serving Auburn, CA
at
Graves Law Offices
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Typically, before you as counsel complete your representation one of the things you do is attempt to negotiate a reduction in the medical liens. Normally, most medical insurers before they will consider a reduction they will require disclosure of the settlement amount and breakdown. The other option is just to pay 100% of their lien and not disclose that information. However, that disclosure is done in an attempt to increase your net recovery and therefore would not consider that a breach of confidentiality.
Answered on Sep 30th, 2013 at 11:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, that is legal and proper. The health care provider has a right to recoup their costs, read your insurance policy.
Answered on Sep 30th, 2013 at 11:16 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
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Your attorney did nothing wrong.
Answered on Sep 30th, 2013 at 10:56 AM
Your attorney can not ignore valid liens. Those liens helped in part to establish the amount of your settlement proceeds.
Answered on Sep 30th, 2013 at 10:43 AM