Healthcare
Health Litigation
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Health Litigation
Firm attorneys have experience advising clients in the broad health care marketplace on strategies to avoid and resolve issues without costly litigation and have negotiated favorable resolution of unavoidable issues for health care clients. When matters cannot be resolved, firm attorneys provide clients with experience in state and federal trial and appellate tribunals, in complex administrative litigation and in arbitration.
- Challenges to state laws affecting ERISA plan design, benefit coverage, administration and liabilities
- Defense of state law claims against benefit plans and their fiduciaries/officers
- Defense of ERISA fiduciary breach and other ERISA violation claims
- Defense of "medical necessity" coverage claims, cost benefit denials and plan termination defense
- COBRA continuation and conversion coverage disputes
- Determination of subrogation rights
- Claims under state prompt payment laws
- Provider network exclusion/credentialing disputes
- Disputes under National Practitioner Data Bank
- Contract disputes and liabilities
- Regulatory disputes with state insurance and health departments
- Representation of DME providers in OIG reimbursement investigations and disputes alleging fraudulent billing
- Assistance with the formation of new business entities and guidance through licensure and certificate of need processes
- Counseling post-acute and long-term care facilities (i.e., nursing homes, certified skilled nursing facilities, home health care and infusion providers and hospices), on resident rights and regulatory compliance
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