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assignment of benefits

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bowler87

Guest
What is the name of your state? What is the name of your state? Nebraska
My family auto policy has med-pay coverage.
When receiving treatment I did not sign an ASSIGNMENT OF BENEFITS.
The hospital has contacted my auto carrier and tried to intercept my med-pay benefits.
QUESTION #1 In Nebraska, are Med-Pay ben assignable?

QUESTION #2 Is there a remedy available for Hospital telling this lie: "We have an assignment of Benefits" ?

My group health plan covers me . This plan contains a clause :

"THIRD-PARTY LIABILITY
...member must reimburse plan immediately upon collection of damages for such injury..."
QUESTION #3
Should the med-pay benefits be construed as "damages" ?
If/when damages are paid from the third party or my UM coverage, then my plan will get their reimbursement. But can they grab my med-pay benefits, too?
QUESTION #4
California Blue Cross acting as administrator of PERS health plan--so I expect the decision to come from CA. As I live in NE, can I sue the local plan to get this policy language to a judge for a proper interuption? Or must I travel to CA and file?

[In efforts to not make this too complex, I am not going to give you the details of this accident in Florida, a no-fault state.]
 



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