The Healthcare Litigation & Risk Management Interest Group broadly focuses on real-world, healthcare-related litigation, investigations, and the continuum of liability control. The wide variety of healthcare-related litigation and investigatory matters addressed by this group includes administrative, civil and criminal cases, whether they arise in such areas as tort liability; coverage and reimbursement appeals; fraud & abuse allegations; False Claims Act/Qui Tam allegations; Anti-kickback violation allegations; Stark and antitrust issues; payor-provider disputes; suspension and exclusion; and professional licensure disputes. 

On the risk management side, the Interest Group focuses on best practices to reduce the risk of policy, regulatory or legal violations, as well as best practices to address potential and or actual violations.


Vice Chairs:

Are you struggling to stay on top of new case filings and trends in managed care litigation? Then consider subscribing to Managed Care Litigation Update® ("MCLU"), a new product being offered by the Health Law Section for 20% off of the list price. MCLU is a bi-weekly, e-publication that summarizes federal court filings involving managed care disputes between patients and providers versus payors. It is a ready resource to track trends, follow particular insurer/provider controversies, and observe industry developments from a high level, aiding in the assessment of litigation and/or underwriting risk. Each quarter-ending issue contains key statistics on cases filed during the quarter, enabling subscribers to see where cases are being filed, the types of cases being filed, and which major health insurers are involved. Click here to access an issue of MCLU.

MCLU is authored by Jonathan M. Herman, Herman Law Firm, Dallas, TX, who has spent most of his legal career representing large health insurers, plan administrators, and self-funded health plans in managed care disputes. 

To learn more about MCLU or subscribe, click here.


EMTALA: A Shifting Landscape
Tue, Apr 10, 2018

To view slides, click here
To view recording, click here

This program highlighted opinions that consider whether state caps on medical malpractice damages apply in EMTALA cases and whether there is a federal peer review privilege applicable to EMTALA claims. Sovereign immunity, EMTALA violations as Unfair Competition, and the potential emergency of a federal standard of care were also addressed.

Ardith Bronson, Of Counsel, DLA Piper LLP, Miami, FL 

*Robert M. Wolin, Partner, BakerHostetler 
*Deborah E. Mann, Shareholder, Montgomery & Andrews, P.A.

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