Michael Klein has an extensive and wide-ranging commercial litigation practice that includes environmental litigation, healthcare litigation, managed care litigation, ERISA, governmental investigations and civil investigative demands, consumer protection litigation, class action litigation, trade secret litigation, real estate and construction litigation, Fair Housing Act litigation, premises and employer liability matters, personal injury litigation, general torts, insurance coverage issues, insurance bad faith and professional malpractice matters.
A focus of Mr. Klein’s practice is representing large, national healthcare and insurance clients in governmental investigations, declaratory judgment actions and injunctive matters involving insurance regulatory and consumer protection issues. He has extensive experience in healthcare Prompt Pay litigation and advising payors/insurers on the implications of the statute. In 2001, he filed the first lawsuit to challenge the constitutionality of the Insurance Commissioner’s power of restitution when the Commissioner ordered 47 insurers to pay $36 million in “restitution” to medical providers for violations of the Prompt Pay Act, in what the Texas Dept. of Insurance referred to as the “Prompt Pay Blitz.” He has represented payors/insurers in healthcare Prompt Pay disputes in state courts and in arbitration, including “mass action” lawsuits involving hundreds of providers.
Mr. Klein also has represented healthcare and insurance clients in network provider litigation, delegation oversight litigation, provider incentives litigation, as well as other healthcare-related matters. Mr. Klein has tried over forty matters to final award or judgment in his career in both state and federal courts, as well as arbitration.