Managed Care Litigation: Emerging Trends in Provider-Plan Disputes

Pursuing and Defending Lawsuits Involving Balance Billing, Reimbursement, Physician Tiering and Other Claims

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, March 11, 2010
Recorded event now available


This CLE webinar will prepare healthcare litigators pursuing and defending managed care litigation to understand and leverage the emerging substantive, strategic and practical considerations in key areas of dispute such as billing and reimbursement issues, treatment coverage, and physician tiering, among others.

Description

Financial pressures in the healthcare industry have spurred an increase in managed care litigation. Recent litigation has centered on balance billing, reimbursement rates, treatment coverage, physician tiering, post-claims rescission of policies, and the enforceability of arbitration clauses.

Managed care litigation involves complicated issues of ERISA preemption, vicarious liability theories, and the potential for corporate negligence, and often results in excessive jury verdicts. Pursuing and defending managed care lawsuits requires meticulous litigation planning.

Listen as our authoritative panel of healthcare litigators analyzes recent developments in managed care litigation and discusses substantive, strategic and practical considerations involved in pursuing and defending lawsuits.

Outline

  1. Managed care litigation — historical perspective
  2. Common allegations and current litigation trends
    1. Balance billing
    2. Reimbursement
    3. Physician tiering
    4. Treatment coverage
    5. Silent PPOs
    6. Post-claims rescission of insurance policy
    7. ERISA preemption
    8. Provider inclusion and exclusion from networks
  3. Affirmative cost recovery litigation against third parties
  4. On the horizon — regulatory and legislative trends

Benefits

The panel will review these and other key questions:

  • What are the bases for the recent wave of managed care lawsuits—and what defenses are available to providers and healthcare plans?
  • What litigation and settlement strategies have proven effective for counsel pursuing and defending managed care claims?
  • What best practices can counsel for providers and healthcare plans employ to minimize the expanding risk of managed care litigation?

Faculty

Christopher Flynn, Partner
Crowell & Moring, Washington, D.C.

He represents HMOs, PPOs, IPAs, health benefit plans and managed behavioral healthcare organizations. His experience includes all areas of managed care law, including payor/provider reimbursement disputes, class action defense, ERISA preemption, subrogation disputes, regulatory challenges, whistleblower claims, and challenges to emerging medical procedures and devices.

James W Boswell, III, Partner
King & Spalding, Atlanta

He has extensive experience in handling a full range of commercial litigation matters. He has handled jury trials, administrative hearings, arbitrations and appellate arguments involving specialized healthcare issues on behalf of healthcare industry clients. He is Chair of the Healthcare Liability and Litigation Practice Group of the American Health Lawyers Association.

Robert T. Rhoad, Partner
Crowell & Moring, Washington, D.C.

He is Co-Leader of the firm's Health Care Litigation Team and his primary area of specialization relative to the health care industry is complex litigation involving the federal False Claims Act, state false claims laws, fraud and abuse matters, antitrust claims, and criminal and civil government enforcement actions.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

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DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Available ten business days after the live event

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Program Materials

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Program Materials

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Customer Reviews

I liked the use of current court cases.

Robert Cundiff

Northwestern Memorial Hopsital

I liked the topic and the tools provided in the handouts.

Mildred Johnson

Texas Tech University Health Sciences Center

I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.

Andrew Lillie

Hogan & Hartson

The speakers were well versed and kept my attention throughout the program.

Natalie Kossak

Independent Fiduciary Services

I was impressed with the examples and the practical applications of the concepts.

Connie Sue Martin

Bullivant Houser Bailey

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Gina M. Kastel

Partner

Faegre Baker Daniels

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

Gregg D. Reisman

Partner

Garfunkel Wild & Travis

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

Jesse A. Witten

Partner

Drinker Biddle & Reath

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