Shari Gerson - Attorney at Law

401 East Las Olas Blvd.
Suite 1000
Post Office Box 2328 (33303-9998)
Fort Lauderdale, Florida 33301

P 954-761-8111
F 954-761-8112
D 954-761-7484

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Biography

Shari is a shareholder in GrayRobinson’s Fort Lauderdale office. She is AV® rated by Martindale-Hubbell and practices ERISA litigation, including health, life, disability benefits. She also represents insurance companies on non-ERISA employee benefits cases and individual policies of health, life and disability insurance. She is knowledgeable of plan procedures and frequently counsels clients on how to maximize their subrogation and reimbursement rights under ERISA.

In addition to her ERISA practice, Shari also represents managed care companies in multimillion-dollar contract and claims disputes and has handled hundreds of participating and nonparticipating provider claims cases in state and federal courts and in arbitration. These nonparticipating provider claims include cases involving CPT code billing issues, Medicare billing guidelines, Medicaid reimbursement, usual and customary charges, and various fraudulent billing issues. Shari also counsels third party administrators involving disputes with self-funded customers.

Her practice also involves medical malpractice defense and cases brought against managed care organizations based on various theories of liability such as vicarious liability, negligent credentialing, nondelegable duty and direct negligence for utilization management functions of case management and concurrent review as well as member disputes over medical benefits, premiums, continuation coverage pursuant to COBRA, conversion policies and rescission actions. Shari drafts and revises various types of contracts for managed care clients, both for regular business purposes to be used as a template and for specific, unique purposes that require customized agreements.

Shari is also certified as an arbitrator and mediator for the American Health Lawyers Association.

Additional Information About Shari Gerson

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Education
  • University of Miami, B.A. (honors, 1991)
    • President's List
    • Golden Key National Honor Society
  • University of Miami School of Law, J.D. (1994) 
Admissions
  • Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida 
  • U.S. District Court, Northern District of Florida
  • U.S. Court of Appeals, 11th Circuit

 

Professional Associations & Memberships
  • The Florida Bar
    • Health Law Section, Member
    • Labor and Employment Law Section, Member
    • Trial Lawyers Section, Member
  • American Bar Association, Member
    • Health Law Section, Member
    • Managed Care and Insurance Interest Group, Member
  • American Health Lawyers Association
    • Certified Arbitrator and Mediator
    • Payors Plans Section
    • Managed Care Section
  • Defense Research Institute
Awards & Recognitions
  • AV Preeminent™, Martindale Hubbell
  • Florida Trend, Legal Elite, 2009
Presentations & Seminars
  • "Life, Health, Disability, Managed Care and Benefit Claims Litigation," 10th National Forum on ERISA Litigation, American Conference Institute (ACI), New York City, October 26-27, 2015
  • “Developments in Provider/Payer Disputes,” DRI Life, Health, Disability and ERISA Claims Seminar, Washington, DC, April 15-17, 2015
  • "ERISA Preemption: Making Strategic Arguments For and Against Preemption in an Era of Inconsistent and Evolving Legal Standards," American Conference Institute, 4th Advanced Forum on Managed Care Disputes and Litigation, Atlanta, Georgia, October 22-23, 2013
  • "Health Track: Special Investigative Units – Providers Under Review," DRI, Life, Health, Disability and ERISA Claims Seminar, Chicago, Illinois, April 25-27, 2012
  • "Exploring Non-Par Litigation and Usual, Customary and Reasonable in Light of Ingenix," American Conference Institute's 2nd Advanced Forum on Managed Care –Disputes and Litigation, November 8, 2011
  • “Timely Payment Litigation in the Managed Care Arena: Payer and Provider Perspectives & Strategies,” American Bar Association Health Law Section and the ABA Center for Continuing Legal Education, September 20, 2007 
Articles & Publications
Reported Cases
  • La Ley Recovery Sys.-OB, Inc. v. United Healthcare Ins. Co., 193 So. 3d 16 (Fla. 3d DCA 2016), reh'g denied (May 23, 2016)
  • La Ley Recovery Systems–OB, Inc. v. United Healthcare Ins. Co., 654 F. App'x 1017, 1018 (11th Cir. 2016)
  • La Ley Recovery Sys.-OB, Inc. v. Aetna Health Ins. Co., No. 14-23488-CIV, 2014 WL 7530329 (S.D. Fla. Dec. 17, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. Aetna Health Ins. Co., No. 14-22809-CIV, 2014 WL 7530328 (S.D. Fla. Nov. 18, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. United Healthcare Ins. Co., No. 14-22919-CIV, 2014 WL 7530247 (S.D. Fla. Oct. 14, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. United Healthcare Ins. Co., No. 14-CV-23802-UU, 2014 WL 7525703 (S.D. Fla. Dec. 12, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. Aetna Health Ins. Co., No. 14-22773-CIV, 2014 WL 7530249 (S.D. Fla. Oct. 23, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. Aetna Health Ins. Co., No. 14-23349-CIV, 2014 WL 5523128 (S.D. Fla. Oct. 31, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. United Healthcare Ins. Co., No. 14-23764-CIV, 2014 WL 5524389 (S.D. Fla. Oct. 31, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. Aetna Health Ins. Co., No. 14-22773-CIV, 2014 WL 7530327 (S.D. Fla. Aug. 28, 2014)
  • La Ley Recovery Sys.-OB, Inc. v. United Healthcare Ins. Co., No. 14-23400-CIV, 2015 WL 161575 (S.D. Fla. Jan. 7, 2015)
  • Blaikie v. Rsight, Inc. et al., 2011 WL 5834751 (M.D.Fla.)
  • Electrostim Medical Services Inc. v. Aetna Life Insurance Company, 2007 WL 470481 (M.D.Fla.)
  • Florida Pediatric Critical Care, P.A. v. Vista Healthplan of South Florida, 2009 WL 2868400 (S.D.Fla.)
  • Garcia v. AvMed, Inc. and J.C. Penny Company, Inc., 958 F.Supp. 592
  • Kobold v. Aetna U.S. Healthcare, Inc., 258 F.Supp.2d 1317
  • Hall v. Aetna Life Insurance Company, 759 F. Supp. 2d 1321 (N.D. Fla. 2010)
  • Gables Insurance Recovery v. United Healthcare Insurance Co., 39 F. Supp. 3d 1377 (S.D. Fla. 2013)
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