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How to Identify a Self-Funded ERISA Plan
Health Plan Law 
Nov. 1, 2006
Excerpt: [H]ow does an outsider to plan administration ascertain the self-funded status of a plan? For example, if an attorney representing a personal injury plaintiff receives a letter from a representative of the plan, how does the attorney know if the plan is self-funded or not? The consequences may be extremely significant since most States limit, and in some cases, prohibit, subrogation. These State laws are preempted if the plan is self-funded.
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