RESOLVING FEDERAL EMPLOYEE HEALTH BENEFIT ACT AND FEDERAL MEDICAL CARE RECOVERY ACT LIENS IN PERSONAL INJURY CASES
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 provision under which the terms of insurance contracts issued by its private carriers purportedly preempts…
RESOLVING ERISA LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Generally, employer-sponsored benefits plans are governed by the Employee Retirement Income Security Act of 1974, commonly referred to as ERISA.[1] However, certain employers and their benefits plans are not subject to ERISA. These include governmental plans;[2] church plans;[3] plans maintained solely for the purpose of complying with applicable Workmen’s…
PUBLIC BENEFITS CONSIDERATIONS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Personal Injury attorneys must inquire as to whether their clients are receiving public benefits. Certain benefits are means-tested, so that if the client receives money directly those benefits are reduced or lost completely. This article will outline the common public benefits and indicate whether the receipt of a personal…
MEDICAID LIENS IN PERSONAL INJURY CASES
by Thomas D. Begley, Jr., CELA Assignment to State of Rights against Third Parties As a condition of Medicaid eligibility, a Medicaid applicant is required to assign to the state any rights to payment of medical care from any third party.[1] This is essentially a statutory right of subrogation. Federal law further requires that each…