Subrogation in NY and NJ

[Guest JD698]

In New York and New Jersey, can a health plan intervene in a tort action against a third party to protect its right of subrogation for reimbursement of medical bills it paid out on behalf of an injured plaintiff?

Do NY and NJ have anti-subrogation laws which create problems?

Is intervening the best method to protect the self insured health plan's rights?

Any and all help is appreciated.

[Guest LFrankel]

I'm don't know about any specific statutes, but check with your carrier about its subrogation policy. If your carrier has one, then you may want to make sure your SPD has a subrogation clause. If you're self insured, check with your legal counsel about implementing one to protect your liability.

In NY, group coverage is second payor to no-fault auto and workers' compensation. We have experienced our carrier sending out questionnaires for emergency room visits to ensure their proper payor status.