Phia Group Russo & Minchoff

Introduction to Point/Counterpoint Articles on Sereboff

Adam V. Russo | February 24, 2009

In the Winter 2009 issue of NASP Subrogator Magazine, you will find the articles collectively written by Adam V. Russo, (pointing on) and Daran Kiefer, (counterpointing on) issues of Sereboff.

Introduction to Point on Sereboff

The Best Recovery Option After Sereboff- Know Where the Money Is!

by Adam V. Russo

click here to see Adam’s article

Indroduction to Counterpoint on Sereboff

Can You Recover Under ERISA When The Settlement Money Is Spent?- ERISA Recovery in a Post Sereboff World

by Daran Kiefer, Kreiner & Peters Co., L.P.A., Cleveland, OH

click here to see Daran’s article

MetLife v. Glenn

Adam V. Russo | February 24, 2009

Do to a high volumn of requests, click here to see the entire case.

HCC Life Adopts Never Events Policy

Adam V. Russo | February 11, 2009

Click here to see the Never Events Policy.

Temple University Children’s Medical v. Group Health, Inc., et al.

Adam V. Russo | February 9, 2009

Based on the high volumn of requests, click here to see the entire case.

Key Issues In Analyzing Major Health Insurance Proposals: “Regulation of Health Insurance and the Employee Retirement Income

Adam V. Russo | February 6, 2009

CONGRESS OF THE UNITED STATES

CONGRESSIONAL BUDGET OFFICE

http://www.cbo.gov/ftpdocs/99xx/doc9924/12-18-KeyIssues.pdf

(1) ERISA preemption: “In the United States, some forms of private health insurance are subject to both state and federal regulation, but others are exempt from state regulation.  That distinction, which is a common source of confusion, stems from the treatment of employment based health plans under the Employee Retirement Income Security Act of 1974 (ERISA). Under that act, employers that bear the financial risk of covering their workers’ health insurance claims-and thus effectively serve as the insurer-are exempt from state insurance laws and regulations. If, instead, an employer contracts with an insurance company to provide coverage and that company bears the associated financial risk, then state insurance laws and oversight apply.” “…an employer with operations in several states would otherwise be unable to offer the same coverage to all of its employees, given the variation in state mandates and regulations;” (more…)

State Laws for Balance Billing

Adam V. Russo | February 4, 2009

Forty-seven states ban in-network providers from billing insured patients more than their required copayment or deductible and federal law prohibits providers from billing Medicare beneficiaries for unpaid balances. Some states also ban additional charges for insured patients who seek care from out-of-network providers and emergency departments. While national statistics on the practice are unavailable, economists and patient advocates estimate that consumers pay at least $1 billion annually for medical bills that they are not legally responsible to pay. (more…)