Posts Tagged ‘FEHBA’
Anti-Subrogation States – Defeating a Lien Before it Exists
Sometimes, a lien never has to exist. Sometimes, the insurance company never stands a chance. And sometimes, a client keeps 100% of her net settlement. These times are most often settlements in anti-subrogation states – or states that statutorily refuse to allow subrogation, liens, or insurance reimbursement. The eight officially anti-subrogation states are: Arizona Connecticut…
Read MoreFEHBA Liens Now Mimic ERISA Liens
On April 18, 2017, the United States Supreme Court ruled in Coventry Healthcare of Mo., Inc. v. Nevils that reimbursement or subrogation plan language in Federal Employee Health Benefit Plans (FEHBA) preempts any State law. This holding means that FEHBA liens now feel a lot like ERISA liens. Since the McVeigh ruling in 2006, there has…
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