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Supreme Court Declines Request by Special Needs Trust to Review ERISA Plan's Right to Reimbursement
Wolters Kluwer Law & Business Nov. 24, 2013 "The U.S. Supreme Court has denied a petition by a special needs trust asking whether funds paid into the trust by 'bona fide purchasers' on behalf of insured tortfeasors for the benefit of a health plan beneficiary pursuant to a settlement extinguished the health plan's right to recover in equitable subrogation under ERISA.... The Fifth Circuit [had ruled] that: [1] ACS was allowed to recover from the Special Needs Trust the costs that the plan bore on Griffin's behalf; [2] the Trust was a proper ERISA defendant; [3] the Trust received funds directly traceable to Griffin's tort recovery; and [4] the plan held a pre-existing equitable lien by agreement on the proceeds of the recovery after the plan paid Griffin's medical bills." |
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