Here's some further healthcare questions I have - no special treat because these aren't as long and as the legal geekery only goes to say an 8.

1.  If there is a public plan, will that plan have a right of subrogation against any and all awards for damages in a personal injury action?  For example, Medicare currently has a first priority lien against any such recovery.  Failure to pay that back results in the amounts being deducted from the individual's Social Security benefits until the amount is met.  Will other public benefits to a public plan receipient be cut if there is a lien and that is not repaid?  If so, does that implicate federalism concerns if the public plan is a federal plan and the public benefit receipts are from state run programs?

2.  If there is subrogation, how will the subrogation be accomplished?  To continue the Medicare example, Medicare retains for itself the right to determine what injuries are caused by an accident.  Will that same position be taken by the public plan?  Likewise, it is incredibly time consuming and frustrating to get an answer from Medicare as to the amount that is owed.  Will the same procedures be put in place for the public plan?  How much will the administrative costs run?

3.  If there is a public plan, will automobile insurance companies be permitted to stop offering mandatory medical benefits with auto policies?  If not, why not? 

4.  If there is a public plan, will workers' compensation programs be required to continue to pay for future medical care for an injured worker?  If so, why?  If not, why not?  

Posted by: alexthechick at 02:02 PM | No Comments | Add Comment
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