Saturday, June 15, 2013

QMCSO

Q:  QMCSO states the alternate recipient is to receive reimbursements for paid medical expenses. If the health insurer refuses to do so, can (should) the employer make payments to the alternate recipient? This is a self-insured, self-funded insurance plan.


A:  David's Answer:  I'm not sure what you mean by "self-insured, self-funded" plan. Moreover, a QMCSO cannot be made to apply to an employer - only to an insurance company. If the insurance company is refusing to abide by the QMSCO, then 1 of 2 things: (1) contact the company to see why the are not honoring the order (and possibly file a motion to enforce it against them with the court), (2) write the insured & ask him/her to reimburse you directly - and if s/he refuses, file a violation petition. For a full assessment, I suggest that you schedule a consultation with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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