Miller & Chevalier hosted a teleconference on "Strategically Maximizing Your Health Plan's Subrogation Recovery" on June 25, 2008.
Subrogation is a hot topic today for health and welfare plans. The subrogation landscape changed significantly with the landmark 2006 U.S. Supreme Court decision in Sereboff v. Mid-Atlantic Medical Services, which eased the ability of plans to recover under subrogation claims. Recently, there has been much press activity regarding the subrogation claim that Wal-Mart won in the Eighth Circuit Court of Appeals but then decided not to collect. This has raised many questions for employers and health plans regarding when they can, when they should, and when they have to pursue subrogation recoveries.