I have been a part of various efforts to draft proposals for remedial legislation concerning ERISA reimbursement.  Attached is one such proposal.

(download Make Whole Amendment for ERISA Reimbursement Reform)

Make Whole Legislation introduced in March, 2000: Congressman John Duncan, R Tenn, introduced legislation on Mach 29, 2000, to require all insurers to comply with the make whole doctrine before seeking subrogation or reimbursement.  See generally http://www.govtrack.us/congress/bill.xpd?bill=h106-4116. The exact language of Congressman Duncan’s bill may be found at http://www.govtrack.us/congress/billtext.xpd?bill=h106-4116.