Will I have to pay back my health insurance company if i receive damages in my Florida nursing home abuse case?
In nursing home abuse cases, like most personal injury cases, to the extent the medical expenses were paid by someone other than the resident themselves, often times the entity that paid for those medical expenses has a right to be paid back. The term of art is called subrogation. For Medicare and Medicaid, there’s a statue that entitles them to be paid back if the medical expenses were directly related to the compensable harm in the case. For health insurers, usually they have a policy provision within the contract that the resident would have entered into with the health insurer, which allows them to be paid back.