Health Care Counsel

Arent Fox's health care law blog offers news, analysis, and insights for the health care industry.

Health Care Counsel

Emily Baver Slavin

Emily Baver Slavin
Washington, DC

Emily Baver Slavin focuses her work primarily in the areas of ERISA and employee benefits litigation, health care litigation, and complex commercial litigation.

Emily provides advice and counseling with respect to commercial payer disputes and other issues that arise for group health plans and medical providers under ERISA, the Affordable Care Act, the Medicare Secondary Payer Act, Medicare, and various state laws. Emily is currently litigating several cases around the country asserting state law breaches of health care network contracts, and is knowledgeable about the complex relationship between ERISA and state law in these disputes.

Emily also litigates a wide variety of disputes in state and federal court in the areas of employment, health care, and municipal and corporate bankruptcy, among others. She has counseled clients with respect to employment and other discrimination issues. She has also worked on large municipal bankruptcies, including the San Bernardino and Detroit bankruptcy proceedings. She is experienced in all phases of litigation, and constantly strives to handle matters in a way that furthers her clients’ goals and interests.


Blog Posts by Emily Baver Slavin

Examining State Law Claims Under ERISA At Second Circuit

Medical providers seeking to pursue state law claims for payment from health care payers scored a win in the Second Circuit last month in a holding that affirms providers’ ability to hold health care insurers and other payers to their payment representations and promises.

In McCulloch Orthopaedic Surgical Services PLLC v. Aetna Inc., No. 15-2150, 2017 (2d Cir. May 18, 2017), the Second Circuit set out to decide “whether [the Employee Retirement Income Security Act] ERISA completely preempts an out-of-network health care provider’s promissory estoppel claim against a health insurer where the provider (1) did not receive a valid assignment for payment under the health care plan and (2) received an independent promise from the insurer that he would be paid for certain medical services provided to the insured.” The court held that ERISA does not completely preempt this type of claim.

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.