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Wurtz v. Rawlings: Why Health Insurers May No Longer Seek Any Part Of Settlement Funds (AT LEAST IN NY)



Details

Date: 01/22/2015

In 2009, General Obligations Law § 5-335 was enacted to prevent third-party benefit providers, including health insurers, from asserting liens, reimbursement, or subrogation claims unless there was a statutory right to reimbursement, such as for Medicaid or Medicare payments.

 

The Wurtz v. Rawlings case threatened to up-end GOL § 5-335 when the District Court found the statute to be preempted by ERISA (29 U.S.C. § 1001 et seq.).  The Second Circuit Court of Appeals reversed the District Court’s ruling, but left practitioners with many questions. 

 

Please join David Preminger, architect of the Wurtz amicus brief, and Carmine Rubino for a discussion of the implications of the Wurtz decision to your practice.

 

(2 Skills CLE Credits)

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