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Supreme Court Offers Roadmap For Health Plans

Law360 (August 15, 2006, 12:00 AM EDT) -- The Supreme Court of the United States recently issued a unanimous decision in Sereboff v. Mid-Atlantic Medical Services, clarifying the circumstances under which Employee Retirement Income Security Act (ERISA) fiduciaries may pursue equitable remedies on behalf of ERISA health care and other welfare plans.

In Sereboff, the court held that where an ERISA health plan included appropriate subrogation and reimbursement rights, the plan fiduciary could recover funds that a plan beneficiary received from an injury-causing third party that were in the beneficiary’s possession.

ERISA health care...
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