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Ninth Circuit: ERISA Group Health Plan's Self-Help Provision Is Enforceable
The Wagner Law Group 
Jan. 4, 2023 "The Ninth Circuit Court of Appeals ... has determined that an ERISA-covered group health plan has the right to recoup payments made to a participant to cover medical benefits when she subsequently recovers the amounts from a third party. In deciding the matter, the Ninth Circuit held that the plan's 'self-help' remedy of recoupment did not violate or undermine ERISA." [Mull v. Motion Picture Industry Health Plan, No. 20-56315 (9th Cir. Jul. 25, 2022)] |
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