Medpay and Title 12 Sec 3009.1

MVA client has medpay which paid her medical bills. Liability adjuster contact the providers and verifies that all bills were paid by medpay. Adjuster now maintains he does not have to consider the bills per 12 O.S. section 3009.1.

Answer: I sure don't think so. If Med-pay paid the bills, it paid the face amount of the bills. For that reason, even if the statute applies and is constitutional, the "actual amounts paid" will be the amount billed and which Med-pay paid. Then there may or may not be subrogation for those bills, depending on whether the client is a named insured or household member or a permissive occupant. I think they are just not thinking this through. Incidentally, is your case one arising from a wreck before or after 11/1/12. If the wreck was before that date, the statute clearly does not apply.