All the latest developments in health care law
By W. Eugene Basanta, Matthew J. Ashley, & Steven Ro
Health Care Law,
March 2005
The Seventh Circuit recently held that federal jurisdiction can exist for an action based on a subrogation provision of a health insurance benefit plan when such a plan was established under the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. ยง 8901 et seq. Specifically, the court held that FEHBA's express preemption provision dictates that the terms of a FEHBA plan preempt state law where, as here, such terms are related to benefits and coverage.
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