Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

more+
less-

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of personal injury claims.

Plaintiff Nevils, a federal employee with medical insurance offered through a federal employee health benefit plan carried by GHP, was injured in an automobile accident. GHP paid his resulting medical expenses and asserted a reimbursement lien to any recovery Nevils received from the tortfeasor responsi- ble for the accident. Nevils settled with the tortfeasor and satisfied GHP’s lien.

Please see full Article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Attorney-Client Privilege, Bodily Injury, Employee Benefits, FEHBA, Healthcare, Reimbursements, Subrogation

Published In: Conflict of Laws Updates, Constitutional Law Updates, Health Updates, Insurance Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Williams Venker & Sanders | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »