On March 1, 2017, U.S. Supreme Court heard oral arguments on Coventry Health Care of Missouri v. Nevils. As we previously reported, this case will decide two issues –
- It will decide whether FEHBA preempts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts.
- The case will determine whether FEHBA’s express-preemption provision, 5 U.S.C. § 8902(m)(1), violates the Supremacy Clause.
For a copy of the oral arguments, please click here.