by Thomas D. Begley, Jr., CELA<\/p>\n
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The Federal Employee Health Benefit Act<\/em> (FEHBA) provides group health insurance for federal employees.[1]<\/a> Although there is no statutory right of subrogation or reimbursement, FEHBA contains a preemption provision under which the terms of insurance contracts issued by its private carriers purportedly preempts state and local law.[2]<\/a> However, the Supreme Court has held that FEHBA does not provide contract insurers with a federal cause of action or federal jurisdiction in a subrogation\/reimbursement claim, leaving the matter to the state courts, and it further called into question whether a FEHB plan may assert any contractual recovery right at all against a beneficiary where such claims are prohibited by state law; the Court was \u201cnot prepared to say\u201d that a carrier\u2019s contract with the government \u201cwould displace every condition state law places on that recovery.\u201d[3]<\/a><\/p>\n The federal statutory scheme provides several (more…)<\/span><\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":" by Thomas D. Begley, Jr., CELA Federal Employee Health Benefit Act The Federal Employee Health Benefit Act (FEHBA) provides group health insurance for federal employees.[1] Although there is no statutory right of subrogation or reimbursement, FEHBA contains a preemption…<\/span><\/p>\nFederal Medical Care Recovery Act<\/em><\/h3>\n