Robert C. Bohner represents managed care entities, including health care service plans and health care insurers, health maintenance organizations (HMOs), independent practice associations (IPAs), management service organizations (MSOs), medical provider networks, physician practice management (PPM) companies and integrated business networks, in complex business litigation. He regularly implements cost-effective strategies aligned with his clients’ goals and objectives.
Robert is particularly experienced in handling matters—in state and federal courts throughout California—involving managed care, ERISA, FEHBA, hospital-physician risk pools, fair procedure issues in hiring and terminating medical providers, utilization review, reimbursement, bad faith, physician billing practices and claims brought against medical groups and HMO plans for alleged negligent medical care, general risk management issues, unfair business practices suits, Medicare, Medicaid, Medi-Cal and compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Robert also represents clients in complex business litigation involving bankruptcy matters, insurance bad faith, insurance coverage issues, breach of contract, breach of fiduciary duty, shareholder disputes, fraud, unfair competition, trade secret misappropriation and labor issues concerning wrongful termination of employment.
Representative Matters :
- Successfully represented a workers’ compensation third party administrator in federal and state court actions contending that it had mismanaged and failed to adequately adjust pay on reserve workers’ compensation claims.
- Defense judgment for a behavioral health services provider in an ERISA trial in federal court. Successfully defended the judgment on appeal before the U.S. Court of Appeals for the Ninth Circuit. In its decision, Dupree v. Holman Professional Counseling (2009) 572 F.3d 1094, the appellate court found that the behavioral health plan did not cover non-emergent treatment at a non-contracted provider.
- Trial verdicts in favor of claims administrators and ERISA healthcare plans in two separate eating disorder cases tried in federal court in the Eastern District and Central District of California: Lukas v. United Behavioral Health, 2011 U.S. Dist. LEXIS 41368 (E.D. Cal., April 15, 2011) and Pacific Shores Hospital v. United Behavioral Health, 2011 U.S. Dist. LEXIS 146866 (C.D. Cal., December 19, 2011).
- J.D., Indiana University Maurer School of Law, 1982
- B.A., with distinction, Purdue University, 1979
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
- U.S. District Court for the Northern and Southern Districts of Indiana
Rate : $$$$