Where, as here, medical benefits are paid under an employer's fully self-funded employee health-care plan, and other benefits purchased by an insurance policy are completely separate from those health benefits, the plan is not deemed to be insurance for purposes of ERISA's insurance savings clause, but is a non-insured plan, protected by ERISA's deemer clause which pre-empts state insurance laws and regulations, including New Jersey's collateral-source rule barring subrogation or reimbursement.
November 01, 2004 at 12:00 AM
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