The Supreme Court revisited the issue yesterday of whether a health plan is entitled to full reimbursement for payments made to a plan participant injured in an accident where the participant sues and recovers damages from a third party.
The Court heard arguments in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan and will determine if, under ERISA, a reimbursement to an employee benefit plan can be recovered if the beneficiary has already spent the funds he or she recovered from a third party.
