Missouri Lawyers Weekly recently published an article written by Spencer Fane Partner Larry Jenab on the surprising truth behind the Supreme Court’s recent ruling in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan. The Court held that, if an individual double-recovers for medical benefits that an employer’s health plan paid for, the employee is not required to repay the plan – as long as he or she spends the money fast enough.
According to Jenab, the Supreme Court has repeatedly ruled in numerous cases that, while plans may seek equitable recovery, these funds must be the “very same money” that the participant received, not necessarily the same amount. Jenab advises plans in similar situations to adjust their legal activity accordingly.
“Our advice in response to Montanile is therefore the same advice we have given our clients since the Court issued the first case in this series back in 2004: follow the money,” the article states. “That is, the best way to ensure that your plan recovers pursuant to its reimbursement provisions is to actively track the litigation and settlement proceedings between your participant and the third-party tortfeasor.”
Jenab has been recognized among the Best Lawyers in America for his work in ERISA law and ERISA litigation. He helps employers with compliance in a broad range of legal requirements, allowing them to offer tax-favored benefits to their employees, while shielding their directors and officers from personal liability under ERISA.To read the full article, click here.