Do you automatically notify private health insurers of their subro claim? I used to work at a firm that usually wouldn’t and wonder if it’s fair game or bad practice?

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My practice is to do so on every claim, it has helped me find providers that clients have failed to mention or bring up and allows me to further confirm payment.

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It depends on the state

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Ohio?

Yes.

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If you know the client used their health insurance for treatment or may use it, there’s really no justifiable reason to not notify. This practice area is stressful enough at times; there’s no need to add missing liens to the list of things to worry about.

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Per the procedure at my firm, if there are no liens yet we alert the client that their health insurer likely has a right to assert a lien and basically ask what they want us to do. I’m a very junior attorney so I’ve just done what the partner tells me to and haven’t thought to question it but now I am…

We never used to alert right away but then we would end up dealing with lien issues from the client’s insurance company and it makes it harder to settle. Alerting early on— You get a full comprehensive list of your clients treaters and billing amounts, to cross reference what you’ve acquired based on what the client told you.

Also in CA, some clients have insurance through medi-cal and there is a longer lien process through the state.

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