Legal & Jurisdiction
ERISA Subrogation
ERISA subrogation is a self-funded health plan's federally governed right to recover medical benefits it paid from a member's third-party injury settlement.
Health plans governed by ERISA can enforce reimbursement rights that often override state made-whole and common-fund defenses, subject to the specific plan language. Because federal law controls, ERISA subrogation follows different rules than property or auto recovery, and plan-document terms tend to be decisive.
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