Thompson Coburn partner Mackenzie Wallace recently shared insights with the American Health Law Association (AHLA) as a guest on its “Speaking of Health Law” podcast and as a panelist at the AHLA annual meeting.
At the annual meeting, Mackenzie spoke on the panel "Health Care on Trial: The Ripple Effect of Class Action Lawsuits in Health Care." She shared the panel with Archana Rajendra of HAP and Gerard Stegmaier of Reed Smith, discussing pivotal issues in the industry. They examined emerging areas of class action lawsuits against health care entities, including in AI, data privacy, and ERISA.
Additionally, Mackenzie joined a AHLA podcast discussion on the topic of “Current Trends in Payer/Provider Disputes.” The episode covered outstanding accounts receivable and the advantages of arbitration, among other topics. Alongside attorneys Jeff Wurzburg and Elise Brennan, Mackenzie explored issues ranging from AI considerations to the nuances of mediation. She highlighted the evolving role of consultation in shaping litigation strategies across payer and provider perspectives.
During the podcast, Mackenzie noted the importance of tailoring arbitration clauses to fit specific disputes: “There’s an interesting consulting component now wherein I weigh in not only once the fight has begun, but often provide advice in writing of the terms we litigate. We see each side of the fence of the payer side and provider side responding to how we litigate these.”
She also addressed the optimal timing for mediation: “I think it’s very fact dependent and party and counsel dependent. Oftentimes, the parties come to the dispute with their heels dug in as to where they believe they’re right and the other side is wrong. I think a little bit of discovery has to occur for each side to understand the pros and cons of proceeding toward an arbitration hearing or a trial.”
Click here to listen to the full podcast.
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