When Peter Zaman was hired by Holman Fenwick Willan in 2021, his role as a climate finance and environmental products expert was clearly aligned with the firm’s energy, commodities, aerospace, shipping, construction and insurance sectors in Asia. All of these sectors deal heavily with fossil fuels, indicating a problem that Zaman, a former partner at…
U.S. Representative Frank Pallone, Jr. (D-New Jersey), a ranking member of the Energy and Commerce Committee, announced an investigation into the “high rates” of prior authorization denials by Medicaid managed care health plans. Prior authorization is an insurance practice requiring patients to obtain approval for certain healthcare services before receiving the care. This practice is…
In a turn of events that brings some relief to healthcare consumers, approximately 43,000 former patients of Santa Clara Valley Healthcare in California could potentially receive bill corrections and refunds. This comes as the health system, which incorporates a network of primary and specialty clinics as well as three acute care hospitals including Santa Clara…
The Arizona Supreme Court has ruled that insurance companies cannot sidestep state law through the use of ‘creative policy drafting’. Specifically, the court ruled that a single auto insurance policy covering multiple vehicles must provide separate uninsured motorist coverages for each vehicle, dismissing attempts to evade statutory requirements. In the underlying case, Franklin v. CSAA…
A bill introduced into the House of Representatives last week seeks to address staffing shortages within state Medicaid agencies, while ensuring beneficiaries aren’t stricken from coverage due to procedural reasons or staffing issues. This development comes in response to the beginning of the rollback of the Medicaid continuous enrollment provision on April 1st. Medcity News…
The UK’s HM Treasury has recently published its response to its consultation on the future of UK retail disclosures. The publication comes after a comprehensive consultation process that identified numerous issues with the existing Packaged Retail and Insurance-Based Investment Products Regulation (PRIIPs). The consultation, as noted in a client briefing of the multinational law firm,…
The Office for Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) recently proposed amendments to the HIPAA guidelines, specifically the Standards for Privacy for Individually Identifiable Health Information (the “Privacy Rule”), as indicated by an April 17, 2023 release. This proposal pertains to the Health Insurance Portability and Accountability Act…
In a recent legal development, New York has successfully maintained subrogation rights, an important aspect in the realm of insurance law. Subrogation rights are essentially the rights claimed by an insurer to recover the losses it paid for on behalf of the insured party, from the party at fault. It effectively allows the insurance company…
The esteemed law firm Conyers brings us timely industry updates through their periodic coverage. Their latest issue, the Summer 2023 – Issue 9, focused on the Cayman Islands, is no exception, offering valuable information and insights for legal professionals in the area. The current year has been somewhat of a whirlwind for the Cayman Islands’…
Increasing awareness of privacy and security is becoming a dire necessity in corporate legal scenarios, and the role of HIPAA’s (Health Insurance Portability and Accountability Act) compliance in establishing an effective program should not be underestimated. A webinar set for August 17th, 12:00 pm – 1:30 pm CT, is poised to offer comprehensive insights into…
Global Atlantic Financial Group (“Global Atlantic”) suffered a data breach at Pensions Benefits Information, LLC, one of its third-party vendors. The breach, related to the MOVEit software system, was announced on August 8, 2023, filling with the Massachusetts Attorney General. Details from the notice provided by Global Atlantic conveyed that an unauthorized party gained access…
In a recent development underscoring the focus on fraud in Part C by the U.S. Department of Justice (DOJ), it was announced last week that Martin’s Point Health Care, Inc. (Martin’s Point) has settled allegations of False Claims Act (FCA) violations to the tune of $22.4 million. The case against Martin’s Point emphasized its submission…
In recent years, the world of technology has seen an alarming rise in social engineering and fraudulent instruction scams. This steady increase in criminal activity has had far-reaching repercussions for corporations across the globe. However, what has been even more concerning is the seemingly stealth disappearance of coverage for such events. Notably, insurance coverage for…
Proposed legislation introduced earlier this spring in the New York State Legislature could potentially lessen the hurdles faced by unauthorized insurers looking to offer excess lines coverage in New York. This development could also potentially broaden the scope of that market. Normally, such coverages are only available when no or inadequate coverage exists in the…
In the convoluted process of buying or selling real estate, you’ve probably encountered the term “clear title.” As the phrase suggests, clear title pertains to the property in question, referring specifically to a title that is free from complications such as liens, encroachments, or other issues that might affect the land, building, or home improvements….
On July 25, 2023, the trio of the Departments of Health and Human Services, Labor, and Treasury (“Tri-Agencies”) introduced broad new guidance on the Mental Health Parity and Addiction Equity Act (“MHPAEA”). This in-depth measure consisted of a Proposed Rule, a technical release proposing data requirements, an enforcement safe harbor, and the 2023 MHPAEA Comparative…
On August 3, 2023, in a move favoring the Texas Medical Association, the United States District Court for the Eastern District of Texas made a significant judgment. This judgment involved vacating certain key aspects of the guidance related to the administrative fee for the Independent Dispute Resolution (IDR) process established by the No Surprises Act….
In the ever-varying tapestry of Florida’s commercial real estate (CRE) market, the ascent of pickleball has notably emerged as a driving trend. This intriguing transformation from a casual pastime to a formidable investment opportunity is arresting attention, reshaping the CRE terrain and prompting substantial changes in property acquisition and development strategies throughout the state. However,…
In the complex world of law, associates can often find themselves responsible for managing a varying number of legal files. In the large law firms – the so-called ‘Biglaw’ – associates usually find themselves working on a handful of large matters, with these significant legal disputes or transactions providing enough work to keep many lawyers…
The fallout from COVID-19 has led to a significant number of business interruption lawsuits globally, with various key rulings making waves in the legal and business communities. As companies continue to grapple with the economic implications of the pandemic, courts are being asked to interpret policy language in a context that they never have before….
Recent trends in excessive fee litigation indicate a shift from the previously confined realm of defined contribution plans to self-funded health plans. Over the past few months, plan sponsors have instigated three separate lawsuits against prominent health insurance providers including Aetna, Elevance Inc—previously known as Anthem Inc—and Blue Cross Blue Shield of Massachusetts. All three…
The National Association of Insurance Commissioners (NAIC) appears to be taking measures to extend its authority over health insurance lead generators. A recent meeting of the NAIC Working Group highlighted proposed revisions to the Unfair Trade Practices Act (Model #880) to impose stricter regulatory controls over this particular aspect of the health insurance market. As…
The U.S. Court of Appeals for the Ninth Circuit recently upheld the dismissal of a lawsuit filed by an Oregon company against its insurer for COVID-19-related losses. The basis for the dismissal centered on previous rulings in over 800 similar cases nationwide. The claim by Oregon Clinic, affirming that its commercial property insurance policy was…
On July 13, 2023, the Centers for Medicare & Medicaid Services (CMS) unveiled a proposal intended to considerably broaden behavioral health coverage provided under Medicare. This announcement was made as a part of the calendar year 2024 Medicare Physician Fee Schedule (PFS). The proposed changes might lead to a significant amplification in the range of…
Lloyd’s of London’s general counsel, who has been with the company for 27 years, is stepping down to pursue new opportunities within the Lloyd’s marketplace. As reported by Law.com, Peter Spires joined as a member of the global insurance and reinsurance provider in 1995. Over time, he added more responsibilities to his role before finally…