On March 23, 2016, Ohio enacted O.R.C. § 2323.44, which included changes to Ohio’s subrogation laws. Under the new law, if an injured person is unable to recover the full value of the claim, the subrogated health insurer’s claim will be reduced in the same proportion as the injured person. In other words, if the covered member recovers 60% of the value of their claim, the insurer is only entitled to recovery 60% of its lien. This law only applies to multiple employer welfare arrangements, health insurers, and sickness and accident insurances authorized to do business in Ohio and whose policies are issued, delivered, or renewed on or after January 1, 2017.
