Phia Group Russo & Minchoff

Kentucky licensed 18 new captive insurers in 2011

cmonfils | January 13, 2012

FRANKFORT, Ky.—Kentucky licensed 18 new captive insurance companies in 2011, bringing the total number of active captives in the state to 137 at year’s end.

http://www.businessinsurance.com/article/20120113/NEWS06/120119936?tags=58|73|60

Medicare’s Delay in Determining Lien Allows Auto Insurer to Delay Its Benefit Payment

cmonfils | September 16, 2011

Coordination of Benefits

Employee Benefits Series                            THOMPSON                       July 2011 | VOL. 19, No.3        

When a person is injured in an auto accident and is covered by both a health plan and auto liability insurance, the health plan usually pays its benefits first. That’s because the auto liability insurer has to determine that it has liability under its policy terms. However, in some cases, the auto liability insurer can establish its liability amount before a lawsuit or a trial to determine third-party liability. In those cases, the auto liability insurer is usually aware of the health plan’s right to reimbursement. Can it delay payment of its benefits until the health plan establishes its claim for reimbursement? That question arose in a recent decision involving Medicare. The case is Wilson v. State Farm Mutual Automobile Insurance Co., 2011 WL 2378109 (D.C. Ky., June 15, 2011). (more…)

Kentucky

Adam V. Russo | November 13, 2009

Kentucky House Bill seeks to reduce worker’s compensation recoveries for attorney’s fees.

Humana Health Plans, Inc. v. Patti Powell

Adam V. Russo | March 23, 2009

In the case of Humana Health Plans, Inc. v. Patti Powell, 07CV385 (W.D. Ky. Feb. 25, 2008), the Western District of Kentucky issued an important decision regarding ERISA preemption of Kentucky Stat. § 441.188. This Kentucky Statute at issue in the case limits a subrogated party’s rights where that party fails to intervene in the state court action. Previously, the Court had decided that this section was not preempted by ERISA, but in this decision the Court reconsidered and reversed itself. (more…)

State Laws for Balance Billing

Adam V. Russo | February 4, 2009

Forty-seven states ban in-network providers from billing insured patients more than their required copayment or deductible and federal law prohibits providers from billing Medicare beneficiaries for unpaid balances. Some states also ban additional charges for insured patients who seek care from out-of-network providers and emergency departments. While national statistics on the practice are unavailable, economists and patient advocates estimate that consumers pay at least $1 billion annually for medical bills that they are not legally responsible to pay. (more…)