You’re doing everything you can to get paid by insurance companies. You verify benefits, get preauthorizations, and your electronic recordkeeping is pristine. Not to mention that your patients sign page after page of documents entitling you to payment for the care you provide. But you’re still getting the runaround…
Sound familiar?
If so, your patient intake process is most likely the culprit. Most of your privately insured patients have health plans governed by a federal law called ERISA. ERISA is in place to protect plan participants (and, by extension, you). But there are up-front steps you must take to enjoy these protections, avoid related pitfalls, and get paid.
Attorneys Dana Berkowitz, Esq. and Radha Pathak, Esq. can help you get the law on your side and navigate your intake process to improve your ERISA claims payup. During their 60-minute online training, Radha and Dana will provide you with step-by-step instructions on how to tighten your intake procedures and take advantage of the ERISA protections you are entitled to. You’ll learn how to get paid more of the money you’re due — and hold onto it.
Attending this one-hour online training event will give you the practical tools necessary to fight back against wrongful insurer and payor tactics and get paid more for your ERISA claims. Dana and Radha will help you:
- Identify and resolve weaknesses and loopholes in your intake process
- Stop insurance companies from ignoring your assignments of benefits and get paid
- See real-world examples of common intake mistakes that are costing you money
- Craft legally sound responses and beat common insurer payment denial tactics
- Fight back against claim underpayments with arguments that work
- Argue against unsupported ERISA-governed claim denials and win
- Stop insurers from sending payments directly to your patients
- Incorporate proven tactics that will get you through payer “radio silence”
- And so much more…
Every day, you face an uphill battle. Reimbursements are lower than they should be. Checks go to your patients instead of you. Sometimes, insurers even refuse to talk to you at all. And when you try to get to the bottom of the issue, you hear the same thing: You’ve received everything you’re entitled to under “the plan”— a plan you’ve never seen and can’t get a copy of. But you can win this war when it comes to your ERISA-governed claims.
By employing effective strategies during patient intake, you’re one step ahead of your peers and, more importantly, one step ahead of the payors. Take ownership of your ERISA claim reimbursement and stop insurers from overstepping their bounds by refusing to pay you what you are due.
Don’t wait — sign up for this must-attend online training today and let Dana and Radha walk you through the details you need to fight back and collect more from plans governed by ERISA laws. Register today.
Radha (Rachana) Pathak primarily represents pension and welfare plan participants and beneficiaries in individual and class actions under the Employee Retirement Income Security Act of 1974. Prior to joining the firm full-time, she was an Associate Dean of Student & Alumni Engagement, Associate Professor of Law (with tenure), and Director of the Institute for Trial and Appellate Practice at Whittier Law School. She also served as a judicial clerk to the Honorable Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit.
Radha has litigated numerous cases involving complex procedural issues in federal district and appellate courts throughout the country, and she has been litigating cases before the Unites States Supreme Court since 2005. In 2017, she received the Daily Journal’s prestigious California Attorney Lawyer of the Year (CLAY) award for her victory in Montanile v. Board of Trustees, 136 S.Ct. 651 (2016), a case in which she served as lead Supreme Court counsel. She has been a core team member on many other Supreme Court merits cases, including Unicolors, Inc. v. H&M Hennes and Mauritz L.P., 142 S.Ct. 941 (2022) and Thole v. U. S. Bank N.A., 140 S.Ct. 1615 (2020).
Radha frequently speaks and writes about complex procedural issues, especially those pertaining to ERISA. Her ERISA publications include Mandatory Arbitration of ERISA Claims, Spring 2021 Issue: Employee Benefits Committee Newsletter; 9th Circuit rightly upholds California’s retirement backstop, Daily Journal, May 21, 2021 (with John Stokes); Enough About the Constitution: How States Can Regulate Health Insurance Under the ACA, 31 Yale L. & Pol’y Rev. 275 (2013) (with Brendan S. Maher), Health Insurance and Federalism in Fact, 28 ABA J. Lab. & Emp. L. 73 (2012) (with Brendan S. Maher), Discretionary Clause Bans & ERISA Preemption, 56 S.D. L. Rev. 500 (2011), Statutory Standing and the Tyranny of Labels, 62 Okla. L. Rev. 89 (2009), and Understanding and Problematizing Contractual Tort Subrogation, 40 Loy. U. Chi. L.J. 49 (2008) (with Brendan S. Maher).
Dana Berkowitz is an accomplished trial lawyer who chairs Stris & Maher’s healthcare group. Chambers USA calls Dana “a gifted litigator … and strategist, and an all-round talented lawyer … knowledgeable and solution-based.”
Dana’s healthcare practice focuses on resolving high-stakes problems facing providers. She has a long track record of achieving favorable outcomes in multimillion-dollar ERISA-governed disputes with insurers. She regularly tackles pre- and post-payment audits, reimbursement rate disputes, suspensions of authorization, and various types of Parity Act noncompliance.
Dana also counsels providers on best practices, often in anticipation of sale. Most notably, from 2015 through its sale in mid-2018, she was a lead advisor to a prominent drug rehabilitation center that was acquired for over $100 million.
Dana handles bet-the-company litigation for providers both inside and outside the ERISA context. In 2020, she successfully defended a well-known drug rehabilitation facility against the State of California in a four-week license revocation hearing. In 2019, she secured a complete defense verdict for a healthcare provider in a $195 million false advertising trial. And she currently represents a healthcare technology plaintiff in a massive-damages theft of trade secrets case before the Western District of Washington. In 2022, Chambers USA ranked Dana as one of the top ERISA litigators in the nation.
Dana is also an experienced appellate advocate. She has handled appeals in federal, California, and New York courts. Most notably, Dana briefed Schueneman v. Arena Pharmaceuticals, Inc., in which the Ninth Circuit issued a published opinion reversing the dismissal with prejudice of a major pharmaceutical class action. The case later settled for $24 million.
