Federal Judge Presses Pause of Recoupment
On June 28, 2018, a federal judge in Texas held that the Centers for Medicare & Medicaid Services (“CMS”) was not permitted to recoup 7.6 million dollars in alleged Medicare ...
Will NJ Policyholders Get Their Day in Court?
On June 7, the New Jersey Senate voted 21-14 to approve the New Jersey Insurance Fair Conduct Act, which now pending before the General Assembly. This bill would create a ...
Soothing Stark?
Recently, the Centers for Medicare & Medicaid Services (“CMS”) expressed an openness to relaxing current Stark Law restrictions on physician referrals. Specifically, on June 25, 2018, published a Request for Information (RFI) ...
Third Circuit Affirms the Enforceability of Anti-Assignment Clauses in ERISA Plans, While Also Affirming a Provider’s Right to Proceed in Challenging a Benefit Denial on Behalf of a Patient through a Limited Power of Attorney.
On May 16, 2018, the Third Circuit in American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield held anti-assignment clauses in ERISA governed health insurance plans are generally ...
All Three Members of Buttaci Leardi & Werner LLC Selected to the 2018 New Jersey Super Lawyers or 2018 Super Lawyers Rising Stars Lists
Buttaci Leardi & Werner LLC is pleased to announce that all three Members of the Firm were selected to the 2018 New Jersey Super Lawyers list and 2018 New Jersey ...
Settlement Reached in DeMaria v. Horizon Healthcare Services
On June 20, 2016, Zuckerman Spaeder LLP and Buttaci Leardi & Werner LLC as class counsel for the chiropractic classes in ALPHONSE A. DEMARIA, et al., on their own behalf ...
Third Circuit Holds No "Magic Words" Needed in an Assignment of Benefits to Create Derivative Standing under ERISA
On September 11, 2015, in North Jersey Brain & Spine Center v. Aetna, Inc., the Third Circuit held in a precedential opinion that a patient’s assignment of benefits does not ...
NJ Appellate Division Holds that Continued Employment Demonstrates Consent to an Employer’s Mandatory Arbitration Policy
On July 23, 2015, in Jaworski v. Ernst & Young, a three-judge Appellate Division panels upheld language in Ernst & Young’s employment policy that states that employees were deemed to ...
NJ Supreme Court Rules that the Right to a Jury Trial under the NJ Constitution Applies to Private Action Claims under the Insurance Fraud Prevention Act
On July 16, 2015, in Allstate New Jersey Insurance Co. v. Gregorio Lajara, the New Jersey Supreme Court held that the right to a civil jury trial provided by Article ...
New OIG Litigation Team To Focus on Fines, Exclusions from Federal Programs
At the American Health Lawyers Association annual meeting this past week, the Department of Health and Human Service’s Office of the Inspector General announced the implementation of an OIG Litigation ...