Hi there. I just received a settlement for a slip and fall and now I'm being told by Blue Cross Blue Shield that I have to pay back the amounts they reimbursed me for some of my treatments. They said they can do that because of a subrogation clause. Is that legal in Massachusetts and do I have to pay?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.

Subrogation
Typically, contracts for health insurance contain subrogation clauses in which you, the insured, agree to repay your insurance carrier for amounts paid to you in the event that you collect from a third party. So, as in your slip and fall case, when you collect money from the owner of the property (or her insurer) where you fell and injured yourself, your health insurer is entitled to enforce that contract provision. If an attorney handled your case, you should talk to her about this matter. In some cases, insurance companies may discount the amount they seek to collect from the injured party. Hope that helps.