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The United States Office of Personnel Management (OPM) is issuing a proposed rule to amend the Federal Employees Health Benefits (FEHB) Program regulations to clarify the conditional nature of FEHB Program benefits and benefit payments under the plan’s coverage as subject to a carrier’s entitlement to subrogation and reimbursement recovery, and therefore, that such entitlement falls within the preemptive scope of 5 U.S.C. 8902(m)(1).  FEHB contracts must include a provision incorporating the carrier’s subrogation and reimbursement rights and FEHB plan brochures must explain the carrier’s subrogation and reimbursement policy.