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AHLA - Payors, Plans and Managed Care Law Institute

Event | 11.08.10 - 11.09.10, 12:00 AM UTC - 12:00 AM UTC

Join in-house and outside counsel, legal experts, government representatives and other plan, provider and insurance specialists for analysis and discussion of current issues, opportunities and challenges in the area of managed care. Breakout sessions will cover a wide variety of topics that dig deep into the legal issues and the implications of health reform for payors and providers. Topics on this year's program include:

  • Redefining the Role of Providers in Managing Care - Innovation, Integration and the Accountability
  • Advanced Payment: Medicare Advantage and Medicare Part D Programs In the Post-Healthcare Reform Era
  • Medicaid Managed Care Network and Provider Relations Issues
  • Health Plans as Targets and Partners in Healthcare Fraud Investigations
  • For those new to the topic area, a Fundamentals track on Regulatory Framework, Antitrust, Contracting, Litigation, Medicare C and D, and ERISA
  • Two Interactive Sessions - How PPACA is Going to Change Your Life (Plans) and How Healthcare Reform will Change Your Managed Care Strategy (Providers)

Christopher Flynn and Arthur Lerner are speaking. Mr. Flynn's topic is entitled, "Managed Care in the New Frontier: How Healthcare Reform and Increased Regulatory Scrutiny are Impacting Healthcare Litigation." Mr. Lerner's topic is entitled, "New Directions in Antitrust Enforcement in a “Reforming” Healthcare World."

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.