Does Your Health Insurance Have The Wal-Mart Clause?

Chances are your health insurance policy has the exact same clause that  Wal-Mart is using to recoup health insurance benefits paid to Deborah Shank.It's a clause that is part of most private insured plans --it's just that it wasn't a clause that was enforced.

And so goes the expression. There but for the grace of God go I because if you or a family member are in the same situation as Deborah Shank, expect the same treatment.

What the Shank Family ---in fact what many people don't realize-- is that clause in the Wal-Mart  health plan is very common. From Concurring Opinions

I wonder why Wal-Mart and other private insurers are doing this now, when the provisions apparently have been in the insurance contracts for years. One could speculate that private insurers feel emboldened to sue their insureds because Congress blessed this same practice for Medicare in 2003. As part of the same law that created the new Medicare prescription drug plan, Congress granted Medicare the right to recover its from beneficiaries who settle tort lawsuits.

Public opinion is definitely on the side of Deborah Shank and Wal-Mart finds itself once again on the wrong side of the PR story. Some of the headlines for the story:
MSN MONEY: Employers grab accident victims' cash
Workers Comp Insider:   A Turkey For Walmart
WSJ: Accident Victims Face Grab for Legal Winnings
The Writing On The Wal:  Deborah Shank Still Needs The Money More Than Wal-Mart
Crooks and Liars: Wal-Mart Sues, SCOTUS Screws Brain Damaged Woman
SocraticGadfly  Wal-Mart hits new low in hardheartedness
The DemoMemo: Wal-Mart Sucks Even Worse Than I Thought

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