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Subrogating Fully-Insured ERISA and Non-ERISA Employee Welfare Benefit Plans ( July 2006 )
Two types of ERISA plans exist, the “self-funded" or "unfunded" plan. If a plan is "self-funded", the employer pays the benefits directly through its general assets or through a trust fund established for that purpose. If a plan is "fully-insured", on the other hand, the employer does not pay the benefits, but rather, the employer purchases an insurance policy via the plan, and an insurance company pays the losses. -
U.S. Supreme Court Holds ERISA Does Not Preempt "Any Willing Provider" Laws ( December 2003 )
On April 2, 2000, the U.S. Supreme Court in <i>Kentucky Ass'n of Health Plans v. Miller</i> held unanimously that ERISA does not preempt Kentucky's "any willing provider" laws. The Kentucky statutes prohibit health maintenance organizations ("HMOs") and other health insurers from excluding from their provider networks any health care providers who agree to their participation terms. -
Effect of Outstanding ERISA liens on Minor Settlements ( November 2000 )
Pursuant to regulations promulgated by the Commissioner of Insurance, North Carolina prohibits subrogation of benef. -
New Jersey's Hint Bill Advances Administrative Simplification ( December 1999 )
The State of New Jersey has enacted S-323, legislation intended to promote and standardize electronic data interch. -
Humana, Inc. v. Forsyth: The Insurance Business is Now Subject to RICO ….Is This the End of the McCarran-Ferguson Defense for Insurers? ( February 1999 )
This article illustrates and analyses how the insurance industry can now be subject to RICO laws through an exploration in the case of Humana, Inc. v. Forsyth. -
Risk Retention Groups: Preemption of State Law ( December 1997 )
This article examines the impact of the preemption provisions contained in the Liability Risk Retention Act on the ability of states to regulate risk retention groups.
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