Health Plan Subrogation clause

JPeel

Our health insurance plan is self-funded. Recently we had an employee injured in an auto accident. Our health plan paid for all of his medical bills. The employee had Personal Injury Protection through his auto insurance carrier and received funds for lost wages. Our health plan has a subrogation clause allowing the plan to subrogate any funds an employee received related to an injury. However, we are not sure the plan can subrogate Personal Injury Proection insurance. Your thoughts please.

Down_the_Middle

I believe this is a state specific issue, so it might make sense to check with your local counsel to confirm your subrogation rights with PIP. I know a number of states where this is permitted, but can't tell you it applies across the board for all states. It is permissable in Louisiana.