After 20+ years of battling insurance companies day in and day out, FINALLY a video that expresses my frustration:
Thanks for watching and I hope this video made your day as much as it made mine!
Now back to fighting with these %#@! insurance companies… 
Jim Reed
Injury & Accident Lawyer
jreed@zifflaw.com
Elmira, NY
In a world seemingly dominated by all-encompassing HIPAA protections (i.e. the dozens of forms you are asked to sign when treated in the hospital) and daunting HIPAA fears (i.e. your boss’s warning that you cannot repeat, recite nor should you even remember information you learn from HIPAA sensitive documents while on the job,) the question inevitably arises: What can I do if I feel my so-called “HIPAA rights” are violated?
Proper analysis of that inquiry requires a basic understanding of Health Insurance Portability and Accountability Act of 1996. (A complete copy of the HIPAA statute can be found at http://aspe.hhs.gov/admnsimp/pl104191.htm.) Continue reading
Knock me over with a feather….. As you may recall from my prior post, Wal-Mart was trying to recover every penny of a former employee’s trust fund that she received from a lawsuit after suffering permanent brain injury in a bad car accident. In my prior post I took Wal-Mart to task for its heartless position in this case.
My point in my post was that while Wal-Mart’s position was LEGALLY permissible, it was MORALLY bankrupt. I suggested Wal-Mart should do the “right thing” and let this poor lady keep her money. Well, knock me over with a feather because Wal-Mart just announced that they are going to let this lady keep her money after all!
I am shocked (but VERY pleased) that Wal-Mart did the right thing. I suspect that the only reason they did so was the public relations nightmare created by their horrible treatment of this poor lady, but regardless of their reason, at least Debbie Shank’s life will be a little better because she will have the money to get the care she so desperately needs…..
Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
NY Accident & Malpractice Attorney
Here’s the CNN story on the Wal-Mart about-face on this issue:
From Randi Kaye
CNN
(CNN) – A former Wal-Mart employee who suffered severe brain damage in a traffic accident won’t have to pay back the company for the cost of her medical care, Wal-Mart told the family Tuesday.
“Occasionally, others help us step back and look at a situation in a different way. This is one of those times,” Wal-Mart Executive Vice President Pat Curran said in a letter. “We have all been moved by Ms. Shank’s extraordinary situation.”
Eight years ago, Debbie Shank was stocking shelves for the retail giant and signed up for Wal-Mart’s health and benefits plan.
After a tractor-trailer slammed into her minivan, the 52-year-old mother of three lost much of her short-term memory and was confined to a wheelchair. She now lives in a nursing home.
She also lost her 18-year-old son, Jeremy, who was killed shortly after arriving in Iraq. When Debbie Shank asks family members how her son is doing and they remind her that he’s dead, she weeps as if hearing the news for the first time.
Wal-Mart’s health care plan lets the retail giant recoup the cost of its expenses if an employee collects damages in a lawsuit. And Wal-Mart set out to do just that after Shank and her husband, Jim, won $1 million after suing the trucking company involved in the wreck. After legal fees, the couple received $417,000.
Wal-Mart sued the Shanks to recoup $470,000 it paid for her medical care. However, a court ruled that the company could only recoup about $275,000 — the amount that was left in a trust fund for her care.
The Shanks appealed to the U.S. Supreme Court, but the court declined in March to hear the case. CNN told the couple’s story last week, prompting thousands of angry blog responses and at least two online petitions to boycott the company.
On Tuesday, Wal-Mart said in a letter to Jim Shank that it is modifying its health care plan to allow “more discretion” in individual cases.
Watch Wal-Mart reverse its decision »
“We wanted you to know that Wal-Mart will not seek any reimbursement for the money already spent on Ms. Shank’s care, and we will work with you to ensure the remaining amounts in the trust can be used for her ongoing care,” Curran said.
“We are sorry for any additional stress this uncertainty has placed on you and your family.”
Wal-Mart’s reversal came as shock to Shank.
“I thought it was an April Fool’s joke,” he told CNN.
“I (would) just like to let them know that they did the right thing. I just wish it hadn’t taken so long,” Shank said. “But I thank them and I hope they come through with all that they said they’re going to do.
Source: WikipediaThis recent CNN story (also pasted below), illustrates two problems I deal with on a daily basis in representing my injured clients: 1) Giant corporations are heartless. 2) ALL the cards are stacked against the little guy.
In this case, a Wal-Mart employee, Debbie Shank, paid part of her hard-earned salary for health insurance coverage. Debbie was then involved in a horrible car crash suffering permanent brain damage. Her injury lawyers successfully recovered a $1million settlement on her behalf. $417,000 of the settlement was put in a trust fund to pay for Debbie’s future medical care.
This is where things get nasty. Wal-Mart ‘s health insurance carrier said that they paid $470,000 in medical bills for Debbie’s care so they wanted EVERY PENNY of Debbie’s trust fund. That’s right, every penny. Leaving Debbie with nothing.
Now remember– Debbie PAID for her health coverage– it wasn’t something that Wal-Mart was kind enough to give to her.
So let’s see if we get this right: Debbie paid for health coverage but now the health carrier wants to be paid back for everything they paid. So, if the carrier gets paid back for everything they paid, what was Debbie paying for? Doesn’t this mean that the insurance company gets a windfall– they collect premiums to pay for coverage and when they actually provide the coverage that they were paid for, they still have the right to be reimbursed? Short answer: Yes. Continue reading
Most folks don’t have a clue that if you drive drunk and are injured, your health insurance carrier may have no obligation to cover your medical bills for the injuries you have suffered!
As an accident lawyer who has represented many, many victims of drunk drivers I don’t have any sympathy for drunk drivers who injure, maim and kill my innocent clients, I nonetheless feel bad for the families of the drunk driver who may face staggering medical bills that are not covered by any insurance coverage. Chalk this up as one more, of the MANY, good reasons why no one should EVER Drink and Drive. Save a life– call a cab! Continue reading
