Jodie Nevils v. Group Health Plan, Inc., and ACS Recovery Services, Inc.

PAUL C. WILSON, Judge.

Missouri law prohibits a health care insurer from demanding that the insured repay benefits received before the insured recovers from his tortfeasor. GHP contends that Jodie Nevils lost the protection of Missouri law in this regard when he went to work for the federal government. GHP’s argument is based on the language of the Federal Employee Health Benefits Act (“FEHBA”), 5 U.S.C. § 8902(m)(l), which purports to subordinate certain aspects of Missouri law not to any federal law but to contract terms negotiated between GHP and the federal Office of Personnel Management…