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Comments on the Third Circuit Final Decision In HMO Subrogation Case
Health Plan Law 
Nov. 30, 2006
Excerpt: The issue of HMO subrogation can appear somewhat complex because it involves application of the 'savings' clause of ERISA. These cases must be distinguished from self-funded health plan subrogation cases. With HMO subrogation cases, the participant's array of remedies are constrained by ERISA Section 502(a), though the plan terms are determined by State law.
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