• The Supreme Court Rules on Reimbursement Rights and Attorney’s Fees For Self-Insured Health Plan Participants
  • April 26, 2013
  • Law Firm: Harter Secrest Emery LLP - Rochester Office
  • The Supreme Court’s recent decision in US Airways, Inc. v. McCutchen is by and large good news for employers who sponsor self-insured health plans. The decision affirms a plan’s right to recover up to its full amount of medical benefit costs even if a plan participant only obtains payment of some of his/her damages from the person who caused the injury and/or from other insurance. However, this right of recovery is predicated upon the plan containing appropriate language regarding subrogation and reimbursement, particularly with regard to responsibility for legal fees.