The passage of the Patient
Protection and Affordable Care Act means the advent of federal
insurance law. With its extensive experience in the field of
health insurance recovery, Anderson Kill's
Health
Reform Task Forceis monitoring the
rapidly changing developments in health insurance on the federal
and state levels. Our attorneys have experience representing
employers, self-funded plans and plan sponsors in disputes with
third-party administrators and insurance companies.
This practice is a natural complement to, and builds upon, our
vast expertise and national reputation in representing
policyholders against insurance companies in the
property-casualty arena.
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The Health Reform Practice
provides legal services in the following area:
Our achievements as health insurance recovery counsel include victories
before federal juries and before the need to file lawsuits even arises.
For example, as counsel to Esselte Corporation in a Southern District of
New York action captioned Aetna Insurance Co. v. Esselte, the firm won
both a jury verdict in Esselte's favor and an award of attorneys' fees
to Esselte. As counsel to self-funded plans in active matters, the firm
has persuaded insurance companies to pay substantial sums without resort
to litigation. The firm also offers experience in defending plans and
plan sponsors from class actions brought by employees who allege
violations of ERISA and other corollary claims, such as claims under the
Racketeer Influence and Corrupt Organizations Act.
In addition, the firm has experience in handling matters that relate to
the planning, compliance and audit of employee benefit plans, including
health plans. Our expertise includes advising taxable and tax-exempt
organizations on the types of employee benefit plans that can be
adopted, in drafting the necessary documents and, when required,
submitting these documents to the relevant federal agency for approval.
The Department of
Health and Human Services has released the application and application
instructions for employers to participate in the early retiree
reinsurance program under the PPACA. The application, application
instructions and a fact sheet are available at:
http://www.hhs.gov/ociio/regulations/index.html.
Please note that the Department of Health and Human Services indicates
that it will take 35 hours to complete the application, including
reviewing the application and obtaining the required information to
complete the application.
