- April 17th, 2018
If you have worked with Precision Resolution in the past or have been to any of our lectures, then you know that...
- February 21st, 2018
Federal Employee Health Benefit ("FEHB") plans have grown bolder in their attempts to collect since the U.S. Supreme Court decision inCoventry Health Care of Mo. v. Nevils, 137 S.Ct. 1190 (2017). See our past post on that case here. In some cases, these plans have claimed that their reimbursement rights are superior, even to the attorney's fee. If you find yourself in this situation, keep on reading.
The Federal Employee Health Benefits Act expressly provides that any provisions in a FEHB plan that "relate to the nature, provision, or extent of coverage or benefits" preempt state law which relates to health insurance or plans. 5 U.S.C. §8902(m)(1).
- January 22nd, 2018
The Carpenter Tech. Corp. v. Weida, 2018 U.S. Dist. LEXIS 5559, 2018 WL 398297 case provides a great analysis as to the specifically identifiable fund requirement of the Sereboff line of cases; and when that fund is destroyed by "dissipation" under the Montanile case.
This case is a very well-written, and very specific, District Court decision. Consequently, I would recommend, before blindly distributing funds based on Montanile and this case, to consult your state's ethics rules regarding notification to a third-party claim holder to a fund which you possess. Here, the plan was notified of intent to distribute, but it waited nine months to file the action.