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Overview

The passage of the Patient and Affordable Care Act means the advent of the federal insurance law. With its extensive experience in the field of health insurance recovery, Anderson Kill's Health Reform Task Force is 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 experience and national reputation in representing policyholders against insurance companies in the property-casualty arena.

The Health Reform Practice provides legal services in the following area:

  • ERISA/Employee Benefits
  • Labor and Employment Law
  • Tax

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 areas of focus include 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.