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EMPIRE HEALTHCHOICE ASSURANCE, INC. v. McVEIGH

No. 05-200.

547 U.S. 677 (2006)

EMPIRE HEALTHCHOICE ASSURANCE, INC., DBA EMPIRE BLUE CROSS BLUE SHIELD v. McVEIGH, AS ADMINISTRATRIX OF THE ESTATE OF McVEIGH

Supreme Court of United States.

Decided June 15, 2006.

Attorney(s) appearing for the Case

Anthony F. Shelley argued the cause for petitioner. With him on the briefs were Alan I. Horowitz, Laura G. Ferguson, Kathleen M. Sullivan, Roger G. Wilson, Paul F. Brown, and William A. Breskin.

Sri Srinivasan argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Clement, Assistant Attorney General Keisler, Deputy Solicitor General Kneedler, James A. Feldman, Mark B. Stern, Alisa B. Klein, Mark A. Robbins, and James S. Green.

Thomas J. Stock argued the cause for respondent. With him on the brief were Harry Raptakis and Victor A. Carr.*

JUSTICE GINSBURG delivered the opinion of the Court.

The Federal Employees Health Benefits Act of 1959 (FEHBA), 5 U. S. C. § 8901 et seq. (2000 ed. and Supp. III), establishes a comprehensive program of health insurance for federal employees. The Act authorizes the Office of Personnel Management (OPM) to contract with private carriers to offer federal employees an array of health-care plans. See § 8902(a) (2000 ed.). Largest of the plans for which...

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