Legal Opinion

Nevils v. Group Health Plan, Inc.

Supreme Court of Missouri

Decided July 11, 2017No. SC 93134PublishedCited by 2 opinions

1Opinion of the CourtMary R. Russell, Judge

This is the third time this Court has addressed the issue presented ‘ in this cáse—-whether Missouri’s anti-subrógation law is preempted by 5 U.S.C. § 8902(m)(l) with regard to any contract for health benefits negotiated-between the federal government and an insurance carrier. Because the United State's Supreme Court recently held § 8902(m)(l) validly preempts state anti-subrogation laws, this Court affirms the trial court’s judgment.

Factual and Procedural Background

Jodie Nevils was a federal employee insured through a health insurance plan governed by the Federal Employee Health Benefits Act…

2Cases cited5 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Empire Healthchoice Assurance, Inc. v. McVeighSupreme Court of the United States · 2006
  3. Coventry Health Care of Mo., Inc. v. NevilsSupreme Court of the United States · 2017
  4. Jodie Nevils v. Group Health Plan, Inc., and ACS Recovery Services, Inc.Supreme Court of Missouri · 2014
  5. Jodie Nevils v. Group Health Plan, Inc. and ACS Recovery Services, Inc.Supreme Court of Missouri · 2016

3Cited by2 opinions

  1. Michael Megown v. Auto Club Family Ins. Co.Missouri Court of Appeals · 2024
  2. Milburn v. Zurich American Insurance CompanyDistrict Court, E.D. Missouri · 2020

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