I currently practice in a no fault state and am handling the beginning of a claim for a friend in a non-no fault state. Client’s bills were fully covered by her private health insurance carrier (non-ERISA) but I received an offer from the BI carrier that includes what the bills are. I have no obligation to pay the health insurance carrier from any proceeds of the settlement (based on this state’s law). Do carriers for these states just count paid bills by all health carriers as specials?

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There's no lien from the ERISA plan? That's usually a carve out if it's a self funded plan.

Edit: misread the non part of non ERISA plan lol my bad

Yep, just a typical, private employer sponsored plan.

Self funded ERISA plans are not controlled by state law. You probably have to pay that back.

It is a private, employer sponsored plan. Not a self funded plan.

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