Synopsis
ERISA and Health Insurance Subrogation in All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. Health insurance subrogation requires its practitioners to be familiar with applicable state law, with the nuances of health insurance subrogation in each state, but also with the treatment of health insurance subrogation through ERISA, as applied by the Federal District Courts, Federal Appellate Courts, and the U.S. Supreme Court. Familiarity with the general trends within each of the 12 Federal Circuits is also cited. This book is written to help inexperienced and seasoned subrogation professionals alike gain or improve upon their proficiency, by guiding readers through the complex and challenging world of health insurance subrogation in today s insurance subrogation marketplace. Written by one of the world's leading experts on insurance subrogation, this authoritative work, refined now in its Sixth Edition, is designed to be used by educators, professionals, or attorneys writing briefs or arguing their positions in various situations. It provides convenient summaries of each chapter, a detailed TOC, and chapters broken down by state, to make locating needed information easy. Key complex issues are explained in language that is easy to read and easy to digest. The new edition also offers: ---strategic explanation of statutory amendments, and case decisions; ---identification of specific areas in a subrogation professional's arsenal that were typically weak, now addressed; ---a completely new, detailed history of health insurance, revealing the trend toward employer-sponsored health insurance, the development of HMOs, ERISA, and the growth of federal regulation of health insurance; ---break-down of the new law on the subrogation of capitated HMO Plans by federal circuit; ---expanded analysis of the fast-growing field of Medicare, Medicaid, and Medicare Advantage subrogation; ---examination of all the newest cases in this field, including Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, Collins v. Wellcare Healthcare Plans, Inc., Care Choices HMO v. Engstrom, In re Avandia Mktg., Sales Practices & Products Liability Litigation, and Parra v. PacifiCare of Ariz., Inc., and much more. With a summary and exposition of the various causes of action and avenues of potential recovery that subrogated Plans may have directly against plaintiffs' attorneys, and many new suggestions and recommendations for improving Plan language, readers can be sure they possess an invaluable, practical resource that explores every area of importance to practitioners in the health insurance subrogation field.
About the Author
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
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