New York’s anti-subrogation statute is not preempted by federal ERISA law, the Second Circuit has ruled, clearing the way for a class action to proceed against health insurers who had asserted “liens” against their insureds’ personal injury settlements.   The decision in Wurtz v. The Rawlings Company vacates the ruling of the Eastern District of […]

The Third Circuit has ruled that a state court order apportioning personal injury settlement proceeds to losses other than medical expenses does not shield a Medicare beneficiary from the government’s reimbursement claims.   In Taransky v. Secretary of the U.S. Dept. of Health and Human Services, a three-judge panel ruled that the post-settlement allocation order […]