# 5 CFR § 890.107: Court review

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-890.107

## Section

- **Citation:** 5 CFR § 890.107
- **Heading:** Court review
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM > Subpart A—Administration and General Provisions

## Text

(a) A suit to compel enrollment under § 890.102 must be brought against the employing office that made the enrollment decision.
(b) A suit to review the legality of OPM's regulations under this part must be brought against the Office of Personnel Management.
(c) Federal Employees Health Benefits (FEHB) carriers resolve FEHB claims under authority of Federal statute (5 U.S.C. chapter 89). A covered individual may seek judicial review of OPM's final action on the denial of a health benefits claim. A legal action to review final action by OPM involving such denial of health benefits must be brought against OPM and not against the carrier or carrier's subcontractors. The recovery in such a suit shall be limited to a court order directing OPM to require the carrier to pay the amount of benefits in dispute.
(d) An action under paragraph (c) of this section to recover on a claim for health benefits:
(1) May not be brought prior to exhaustion of the administrative remedies provided in § 890.105;
(2) May not be brought later than December 31 of the 3rd year after the year in which the care or service was provided; and
(3) Will be limited to the record that was before OPM when it rendered its decision affirming the carrier's denial of benefits.
(e) A suit for equitable relief founded on 5 U.S.C. chapter 89 that is based on 5 U.S.C. 8902(p) and is governed by 5 CFR part 890 must be brought against OPM by December 31 of the 3rd year after the year in which disputed services were rendered.
(f) A suit to compel enrollment or for equitable relief from an adverse enrollment action founded on 5 U.S.C. chapter 89 that is based on information received by OPM pursuant to an agreement with a source agency as defined at § 890.1602, to determine whether Postal Service annuitants or family members of such annuitants satisfy the enrollment requirements set forth in 5 U.S.C. 8903c, may not be brought later than December 31 of the 3rd year after the year in which the enrollment action was effectuated, and will be limited to the record that was before OPM when it effectuated the enrollment action.
[61 FR 15179, Apr. 5, 1996, as amended at 86 FR 36947, July 13, 2021; 89 FR 85028, Oct. 24, 2024]

## Nearby sections

- [5 CFR § 890.101 § 890.101 Definitions; time computations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.101.md)
- [5 CFR § 890.102 § 890.102 Coverage.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.102.md)
- [5 CFR § 890.103 § 890.103 Correction of errors.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.103.md)
- [5 CFR § 890.104 § 890.104 Initial decision and reconsideration on enrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.104.md)
- [5 CFR § 890.105 § 890.105 Filing claims for payment or service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.105.md)
- [5 CFR § 890.106 § 890.106 Carrier entitlement to pursue subrogation and reimbursement recoveries.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.106.md)
- [5 CFR § 890.107 § 890.107 Court review.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.107.md)
- [5 CFR § 890.108 § 890.108 Will OPM waive requirements for continued coverage during retirement?](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.108.md)
- [5 CFR § 890.109 § 890.109 Exclusion of certain periods of eligibility when determining continued coverage during retirement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.109.md)
- [5 CFR § 890.110 § 890.110 Enrollment reconciliation.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.110.md)
- [5 CFR § 890.111 § 890.111 Continuation of eligibility for former Federal employees of the Civilian Marksmanship Program.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.111.md)
- [5 CFR § 890.112 § 890.112 Continuation of coverage for certain Senate Restaurants employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.112.md)
- [5 CFR § 890.113 § 890.113 Designation of FEHB Program services as emergency services under the Antideficiency Act.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.113.md)
- [5 CFR § 890.114 § 890.114 Surprise billing and transparency.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.114.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-890.107. Check the current official text before relying on it. Not legal advice.