Aybar v. New Jersey Transit Bus Operations, Inc.

The opinion of the court was delivered by

CONLEY, J.A.D.

As posed to us, the State in this appeal urges us to determine that “the anti-subrogation provision of the New Jersey Tort Claims Act ..., N.J.S.A. 59:9-2e 1 does not ‘relate to’ health insurance or plans ... within the meaning of [the Federal Employees Health Benefit Act] 5 U.S.C. § 8902(m)(l), and, thus, is not preempted thereby.” The issue, potentially, is much broader and that is whether the Legislature’s “collateral source” rule, applicable not only to tort claims against the State and State employees, N.J.S.A 59:9-2(e), but all…