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 Seventh 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 seventh edition features:
---- additional detail on
Medicare’s conditional payment reimbursement procedures, including conditional
payment letters (CPL), conditional payment notification (CPN), and disputing
claims on a CPL or CPN. and
---- new sections on
additional and innovative new types of plans, including Exclusive Provider
Organizations (EPO) and High-Deductible Health Plans (HDHP), which may be
linked to health savings accounts (HSA).
--- a summary of
the 2017 American Health Care Act (AHCA), (also known as “Trumpcare,”) which
discusses its effect on Obamacare.
---analysis of the landmark 2017 Washington
Supreme Court decision of Xia v. ProBuilders Specialty Ins. Co., RRG. as this decision guts the pollution exclusion in
liability policies, holding for the first time that the exclusion would not
apply in this case.
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.
REVIEWS
"A difficult and confusing subject
made simple. If you have health insurance subrogation responsibilities, you
need this book."
---Loren Smith, Kelly, Smith & Murrah, P.C.
"When I entered the unsettled world of
occupational accident plan subrogation, this book helped me find the
answers."
----Beth Cipollo, Cambridge Integrated Services Group, Inc.
"As a lawyer, I can tell you that this
book is essential to maximizing our clients' subrogation recoveries. Don't
settle another subrogation claim without it."
----David Gagliardi,
Cambridge Integrated Services Group, Inc.
"Every lawyer and claims adjuster
responsible for subrogation should get a copy of this book before handling
another health insurance file."
----Daniel J. Offenbach, Leahy, Eisenberg
& Fraenkel, Ltd.
"This book is the bible on health
insurance subrogation. No claims handler should be without it."
----Barbara
McCoy, Self-Insured Services Company (SISCO)
"This
incredible book is the how-to guide for health insurance subrogation in all 50
states."
----Julia Chavarria, PFL Life Insurance Company
