Insurers today must navigate a risky public policy environment, reflecting the tensions between a traditional, but sometimes challenged, state regulatory system and emerging federal legislative actions that threaten to alter the operational landscape significantly. In the rapidly emerging insurance regulatory arena, we represent clients before Congress, the Executive branch, state insurance departments, the National Association of Insurance Commissioners (NAIC) and independent agencies. Our experience includes advocating for insurers on regulatory and legislative matters, meeting with policy decision-makers, providing substantive analysis of insurance issues to our clients and to congressional, state legislative and agency staff, testifying before legislative committees and drafting and negotiating legislative proposals. We are actively involved in issues from privacy regulation to terrorism risk reinsurance and are closely monitoring proposals for more comprehensive federal involvement in the regulation of insurance. On the state level, we are often called upon to help the industry respond to legislative or regulatory initiatives and to address the myriad requirements of state regulation for individual insurers and producers.
A significant portion of our regulatory work consists of due diligence reviews related to mergers and acquisitions and other transactions in the insurance industry and of procuring requisite regulatory approvals for such actions. Wiley Rein attorneys also frequently appear in the courts on behalf of insurance industry clients in connection with regulatory matters. We have represented insurance industry associations as amicus curiae in the U.S. Supreme Court and in appellate courts nationwide.
Our Team | Federal and State Regulatory and Legislative Experience | Health Insurance Experience | Contact Us
Thomas W. Brunner heads up our insurance regulatory practice. Mr. Brunner counsels clients, including blue chip property and casualty carriers, in major trial and appellate cases and has been active in coverage litigation for more than 30 years. Recognized by Legal Times/The National Law Journal as a “Leading Insurance Lawyer,” and by Chambers USA as one of “America’s Leading Business Lawyers,” he was the founding counsel for several major insurance industry organizations—including the American Insurance Association, the National Insurance Crime Bureau, the National Health Care Anti-Fraud Association, the Complex Insurance Claims Litigation Association, and the Insurers Technology Litigation Roundtable. For more than 20 years, he has represented these and other groups in dealings with regulators and legislators. Mr. Brunner has also represented the Chamber of Commerce and other industry leaders in their Congressional initiatives.
In addressing regulatory and legislative matters, the Insurance Practice Group works closely with our Public Policy Group. Drawing on our familiarity with what is—or may soon be—happening "inside-the-Beltway" and our knowledge of the insurance industry, we provide insurers with effective advocacy as well as practical, timely assessments of emerging developments.
Federal and State Regulatory and Legislative Experience
Legislative and regulatory initiatives that are we are currently tracking for clients include:
- Optional Federal Charter initiatives
- Insurance fraud provisions of proposed federal health insurance legislation
- Federal Risk Retention legislation and regulation
- State and federal compliance regulations
- Privacy legislation and related regulations
In addition to our representation of insurers, we have been repeatedly retained to advise clients on regulatory issues relating to insurance brokers. Much of that work has addressed sensitive matters relating to broker compensation arrangements.
Health Insurance Experience
Another large portion of our insurance regulatory work has been on behalf of health insurers, including numerous Blue Cross Blue Shield plans and their associations. Our health insurance experience includes:
- Counseling insurers and other health care entities participating in government health care programs under Medicare, Medicaid, the Federal Employees Health Benefits Act and TRICARE.
- Advising health insurance clients on business transactions requiring state regulatory approval or supplemental health benefits.
- Serving as due diligence counsel for private equity transactions of health care entities, including extensive analysis of state regulation.
- Representing health insurers regarding privacy compliance obligations under myriad federal and state regulatory schemes.
- Assisting health insurers in anti-fraud activities, including liaison with state and federal law enforcement agencies.
ISSUE: MAY 2013