The Supreme Court has ruled that State equitable principles do not preempt ERISA plan language. Plaintiff in a UIM settlement refused to reimburse the ERISA self-funded plan claiming that it was inequitable that the Plan recover all of the third party funds with nothing being left for the participant. The Court ruled that there was an equitable lien by agreement and that the Plan language was clear and not subject to equitable interpretation . See case.
News & Events
-
How well are States complying with Medicaid’s third-party liability requirements?
-
OPL Inc. to Sponsor and Workshop Leader NOPLG 2019
Subrogation Blog Post
-
How well are States complying with Medicaid’s third-party liability requirements?
By Brendan Laffey, November 6, 2023 -
CMS Releases New Workers Compensation Set Aside Arrangements Guide.
By Michael Laffey, November 15, 2022 -
Medicare Secondary Payer (MSP) NGHP Reporting Entities CMS Update Alert
By Brendan Laffey, June 24, 2020