ERISA and Health Insurance Subrogation In All 50 States 2010 Fourth Edition Now Available!

The Fourth Edition of "ERISA and Health Insurance Subrogation In All 50 States" is finally finished and ready for 2010! It is available through Juris Publishing, Inc. at www.jurispub.com. This edition is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published.

The Fourth Edition of ERISA And Health Insurance Subrogation In All 50 States contains a great deal of new information, statutory amendments and case decisions. It reflects the changing nature of health insurance subrogation and emphasizes the areas which have traditionally been weak spots in the subrogation professional's arsenal. Although health insurance subrogation has become unduly complex and confusing over the several years, the Fourth Edition goes to great lengths to make the complex understandable, easily digestible and useful, the book is suitable for both the inexperienced health insurance subrogation claims handler and the seasoned veteran.

The Fourth Edition includes new case law, both state and federal, that has shed new light on causes of action available against plaintiffs' lawyers who settle cases and do not honor a Plan's reimbursement rights. This includes entirely new sections on Equitable Liens by Agreement, Conversion and Tortious Interference. As tort reform continues to change the subrogation landscape, the Fourth Edition details new case law applicable to medical malpractice actions and its interplay with subrogation claims and collateral source rules. New law and analysis has been added to the book confirming that ERISA preempts not only state legislation, but also has the power to preempt the judgments and orders of state courts even those orders touching on domestic relations, which is an area of law traditionally reserved for state courts. New federal district cases with the 6th Circuit have confirmed that now two instead of just one requirements must be met in order to overcome the Made Whole Doctrine with your Plan language. The 6th Circuit also has a new decision which clarifies that the Common Fund Doctrine does not apply when a Plan says that it automatically has a first priority line upon the proceeds of any recovery from a third party. New 6th Circuit case law regarding an ERISA Plan's efforts to place a constructive trust on Social Security benefits received by a Plan beneficiary which result in overpayment by the Plan has been added to Chapter 10.

Additional information and guidance has been added to the Fourth Edition regarding the difficulty of determining whether a Plan is self-funded as opposed to fully-insured and what is necessary to prove this. Also, tips for deciphering insurance filings and Form 5500 mistakes which can mislead trial lawyers are addressed. New York's collateral source statute was amended in 2009 to severely limit the subrogation rights of non-ERISA, fully-insured Plans which cannot avail themselves of ERISA's preemption provisions. This Fourth Edition also contains helpful information regarding The Health Information Technology for Economic and Clinical Health Act (HITECH), enacted on February 17, 2009 and signed into law by President Obama, which could have a profound impact on subrogation's interface with privacy law such as HIPAA.

Overall, the Fourth Edition is a much more potent subrogation tool than its predecessor. ERISA and Health Insurance Subrogation In All 50 States remains the industry's bible on health insurance subrogation and no claims handler, Plan administrator, subrogation professional, or lawyer should be without it.