FEHB Reimbursement vs. Attorney’s Fee: What Takes Priority

  • Blog
  • 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).

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FEHB Reimbursement vs. Attorney’s Fee: What Takes Priority
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