Legal Opinion

Authority of OPM to Direct Health Insurer Not to Enroll Individual Deemed Eligible by Employing Agency

Department of Justice Office of Legal Counsel

Decided January 20, 2010Published

1Opinion of the Court

Authority of OPM to Direct Health Insurer Not to Enroll Individual Deemed Eligible by Employing Agency Under both the regulations it has issued for administering the Federal Employees Health Benefits Act and its contract with the insurance carrier, the Office of Personnel Man- agement has authority to direct a carrier not to enroll an individual in a health plan if OPM disagrees with the employing agency’s determination that the enrollment is per- missible under federal law. In the circumstances presented here, the law does not allow OPM to exercise its general administrative discretion in a…

2Cases cited19 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  4. Transohio Savings Bank v. Director, Office of Thrift SupervisionCourt of Appeals for the D.C. Circuit · 1993
  5. The Dow Chemical Company v. United States Environmental Protection Agency and Douglas Costle, AdministratorCourt of Appeals for the Third Circuit · 1979

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