Thanks for answering the above. You answered while I was typing.
Originally Posted by
slowplay
The continuous Ingenix subrogation letters are a pain, but they've never denied a claim.
Again, this hinges on the question of whether our UHC coverage is actually a self funded plan by Delta (which is covered under ERISA) or an insurance plan which is regulated by State law (in which you can tell them to pound sand).
ERISA has been so manipulated by lobbyists that yes, they have a right of recovery and the Supremes went along with the very anti-consumer legislation.
A more sensible approach to insurance recovery is "if you pay for it, it is yours." If the insurer receives premium and agrees to the risk, then they should pay claims without looking after the fact for a collateral source to offset their obligation.
Can you imagine going to Wendy's and paying for a double cheeseburger. They give you your sandwich, then just as you take a bite some guy in a paper hat runs down your car and demands a meat patty back because he thinks you might have also bought a McDonald's Quarter Pounder earlier in the day. His logic, like the insurers, is that you've already gotten your meat at one place, so they are taking theirs back (despite the fact you paid for both).
Unrelated question ... As an ALPA member, could I make a representational request to see the insuring agreement? Why is this document "top secret" along with everything else about the plan? IMHO it is tremendously arrogant and callous to not provide us open access to this document.