Phia Group Russo & Minchoff

Subro Provision in Comrade Pelosi’s Bill

The Law Offices of Bryan Davenport

We just received an email from Bryan Davenport regarding Pelosi’s subrogation bill:

I have reviewed Comrade Pelosi’s bill. We aren’t safe. See section 236 Section states “The Commissioner shall establish standards for the coordination and subrogation of benefits and reimbursement of payments in cases of qualified health benefits plans involving individuals and multiple plan coverage.

The good news is the the government plans (plans currently sponsored by and operated by government) aka Medicare seem to be qualified health plans.

I Suggest that we convene a group to sound out and start working with the Commissioner as soon as it becomes apparent that the bill is going to survive.

In the meantime I suggest that we all use the influence that we have to kill this turkey, before it kills us.

The real danger in the bill is that if they pass this, effective 1-1-2010 the following applies.

1. No lifetime maximums on benefits.

2. No pre-existing conditions limitations.

3. Max individual deductible is 1500.00

4. Max out of pocket per individual is $5,000.00 and per family is $10,000.00

I can’t imagine what this will do to rates or how many employers will simply say no way we can afford to offer benefits on this basis.


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Adam V. Russo

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