A Rose Is A Rose Is A Rose: The Same Cannot Be Said For Assignments

Can an individual who is not named as an insured on a health insurance policy, under which benefits are presumably available, assign his/her rights in favor of a healthcare provider? This question was recently answered by the Tennessee Court of Appeals in Action Chiropractic Clinic, LLC v. Hyler, No. M2013-01468-COA-R3-CV, 2014 Tenn. App. LEXIS 73 (Tenn. Ct. App. Feb. 12, 2014).

In Hyler, Prentice Hyler ("Hyler") and William Burnette, Jr. ("Burnette") were involved in an automobile collision that was caused by Burnette. At the time of the accident, Burnette's automobile was insured by Erie Insurance Exchange ("Erie"). Following the accident, Hyler received medical treatment at Action Chiropractic Clinic, LLC ("Action"). As consideration for the healthcare provided and in order to satisfy any payment owed, Hyler executed an Assignment of Rights (the "Assignment") to Action for medical expense benefits allowable and otherwise payable to Hyler from his "Health