FEHBP not subject to State laws
The United States Office of Personnel Management (OPM) has just issued a final rule to amend the Federal Employees Health Benefits (FEHB) Program regulations to reaffirm the exempt nature of the FEHBP plan as not subject to State laws. (see OPM FEHPB conditional payment regs). 5 U.S.C. 8902(m)(1), provides: “The terms of any contract under this […]
CONNECTICUT MANAGED MEDICAID NOT SUBJECT STATE ANTI-SUBROGATION RULES
The Connecticut Supreme Court in a lengthy and detailed opinion has just ruled In the case of Rathbun et al v, Health Net of the Northeast, Inc. that HealthNet a Managed Medicaid program, (http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR315/315CR16.pdf) can be the designated assignee of the State’s Statutory Third Party Recovery rights and that Health Net, thru its agent the […]
Third Circuit Appeals Court slams the door on Plaintiffs attempt to allocate settlement
Third Circuit Appeals Court slams the door on Plaintiffs attempt to allocate settlement. The Third Circuit court of appeals today expressly held that even though Plaintiffs counsel had received from a state court Judge a zero allocation of a settlement to Medicare’s conditional payment. Medicare none the less had a right to its Conditional payment […]
Arizona CA holds Medicare Advantage plans preempt/can subrogate
In a very well detailed opinion the Arizona Court of appeals has followed the NY courts in Trezza v.Trezza in clearly outlining in exacting detail in the matter of the Estate of Ethridge v. Recovery Management Systems, that Medicare Advantage Plans preempt Arizona ( and presumably all other) State Common law anti-subrogation doctrines. see opinion