Protecting Healthcare Providers' Rights to Benefits Under ERISA: Assignment of Benefits and Right to Sue
Lessons from Inconsistent Court Treatment, Dealing With Anti-Assignment Clauses, Ensuring Standing
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to healthcare counsel on protecting the rights of healthcare providers to benefits under ERISA. The panel discussion will include assignments of benefits (AOBs), anti-assignment clauses and right to sue clauses, as well as how the courts are treating these issues.
- Healthcare providers’ rights to ERISA benefits
- Assignment and anti-assignment clauses
- Right to sue
- Administrative action/appeals
- Recent court treatment
The panel will review these and other key issues:
- What can counsel for healthcare providers do to protect the provider’s rights to ERISA benefits when seeking payment for healthcare services to the ERISA beneficiary?
- How are the courts treating the issues of assignment and standing when plan beneficiaries assign their claims for payment of benefits to their healthcare provider?
- What steps can healthcare counsel take to overcome anti-assignment provisions in a patient’s ERISA plan?
Jason P. Lacey
Mr. Lacey practices primarily in the areas of income taxation, ERISA, employee benefits, and executive compensation. He... | Read More
Mr. Lacey practices primarily in the areas of income taxation, ERISA, employee benefits, and executive compensation. He assists both taxable and tax-exempt employers with a wide variety of employee benefit and executive compensation issues, including design and administration of welfare benefit plans and qualified and nonqualified pension, retirement savings, and deferred compensation plans. He also represents clients with respect to the tax and business aspects of entity formation, tax-advantaged exchanges and reorganizations, and tax controversies, and has significant practice experience in the areas of estate administration, estate and gift taxation, and the federal tax aspects of municipal finance transactions.Close
Ms. Garraux is an experienced commercial litigator. She counsels and litigates on behalf of health care providers in a... | Read More
Ms. Garraux is an experienced commercial litigator. She counsels and litigates on behalf of health care providers in a variety of matters, including reimbursement disputes with health insurance companies under ERISA and defense to insurer recoupment demands, topics on which she frequently writes. Her practice focuses on business and commercial litigation, including contract and business tort disputes, shareholder governance matters, including fiduciary duty litigation and challenges to mergers, acquisitions and other transactions, and disputes arising under the federal and state securities laws.Close
Law Office of Joseph V. Gibson
Ms. Guobadia's practice focuses on health law, business and commercial law, contractual disputes and reviews,... | Read More
Ms. Guobadia's practice focuses on health law, business and commercial law, contractual disputes and reviews, and general litigation matters. Her practice with a prior law firm focused on contractual disputes, including health care and employment matters, and litigation. In this capacity, she served as outside counsel for several large hospital systems and as external general counsel for a health care receivables company.Close