Legal Question in Insurance Law in New York

Recovering funds from medical reimbursement

I had health insurance coverage with the same company from 1993 to 2004. During that time, I only had a small group of claims that were related to the same date of service and condition. They were paid, and my out of pocket expenses were reimbursed to me from my account.

My employer closed their doors in May 2004, and I became self employed 6 months later. At this time, there are a significant amount of funds remaining in my reimbursement account.

I have not had a claim since 2001, and no claims previous to that date. I also do not carry insurance coverage for myself.

I wish to be able to recover or partially recover some of these funds without having to have an unnecessary visit to a health care provider, before the forfeit date of 2/01/2006. Is this a possibility? I am not in need of care and do not feel I should have to forfeit all of that money because I am not in need of care. Why should someone else be able to use my resources because I did not? I should not be penalized for not needing care, and should be able to recover the money that was paid in to the account on my behalf.


Asked on 1/25/06, 11:19 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Recovering funds from medical reimbursement

Group Health Insurance does not work that way.

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Answered on 1/25/06, 8:06 pm


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