The petition of the day is:

16-149

Issue: (1) Whether the Federal Employees Health Benefits Act (“FEHBA”) preempts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts; and (2) whether FEHBA’s express-preemption provision, 5 U.S.C. § 8902(m)(1), which expressly “preempt[s] any State or local law” that would prevent enforcement of “the terms of any contract” between the Office of Personnel Management and a carrier which “relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits)[,]” violates the Supremacy Clause.

Posted in Coventry Health Care of Missouri v. Nevils, Cases in the Pipeline

Recommended Citation: Kate Howard, Petition of the day, SCOTUSblog (Aug. 26, 2016, 11:11 PM), http://www.scotusblog.com/2016/08/petition-of-the-day-979/