Anthony F. Shelley will be speaking at the 2016 National Other Party Liability Group (NOPLG) Conference on April 15, 2016. Shelley will lead two workshops during the conference.
The first workshop titled "Case Law Update," the discussion will include updates from the last NOPLG conference, in which the Supreme Court has heard argument in another ERISA subrogation case -- Montanile v. National Elevator -- and the lower courts likewise have continued to explore the contours of reimbursement in ERISA settings. There also continues to be major developments in FEHBP cases. This session will update participants on case law developments concerning subrogation and reimbursement for ERISA plans, FEHBP plans (including FEP) and Medicaid and other government programs. The second workshop titled "What's Going on in the Courts on Health Plans?" will discuss the trend of interested parties turning to the courts to determine important issue associated with health plans, matters that historically might have been left to legislators and executive branch officials. This session will provide updates on the major health plan cases in a variety of areas and address some of the key ERISA questions courts are deciding -- including the types of state laws that courts are finding preempted, and what constitutes a "plan document" that might be enforceable in court. The workshop will also address the major ACA challenges percolating in the courts, including the Supreme Court's upcoming consideration of the contraceptive mandate as applied to religious organizations and the continuing sagas regarding general challenges to the ACA's legality. The session will review the novel actions that providers are now seeking to file against health plans, where providers try to use federal courthouses to their financial advantage.