215 East Berry St.
Fort Wayne, IN 46802
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The News With Thomas
The August 2012 issue of Fort Wayne Monthly listed nine attorneys from Barrett & McNagny LLP in its Top Lawyers Listing.
Markle, Thomas J.
- ERISA and IRC compliance, qualified and non-qualified retirement, health, disability, cafeteria, and educational assistance plans, COBRA, HIPAA portability and nondiscrimination rules.
- ERISA litigation, including benefit claim litigation, fiduciary litigation, benefit discrimination litigation and subrogation litigation
- Admitted to practice before the Indiana state courts, the United States District Court for the Northern District of Indiana, and the United States Court of Appeals for the Sixth and Seventh Circuits
SELECTED REPRESENTATIVE MATTERS
- Legal opinion involving Coordination of Benefits issue cited by Indiana Court of Appeals in published opinion (March 31, 2010, Case No.02A04-0907-CV-381)
- Spent several dozen hours working with highest level representatives of IRS, DOL and CMS involving compliance with HIPAA non-discrimination rules and advising clients involving wellness rules.
- Worked with the Department of Insurance in several states involving various health plan and provider issues.
- Represented several dozen employers and agents in recent TPA/reinsurer failures, including Health and Resource Group, American Heartland, Indiana Construction Industry Trust and Meridian Benefits.
- Drafted and implemented Health Savings Accounts (HSAs) and Health Reimbursement Accounts (HRAs) for multiple clients and banks/trustees.
- Defense of various health plan coverage lawsuits defending employers, insurers, reinsurers and third party administrators in 14 states and 6 federal appellate circuits
- Drafted health, cafeteria plans, HRAs, HSAs for several employers and third party administrators.
- Pursued various reinsurers and third party administrators involved in fraudulent health plan schemes.
- Defended reinsurers and third party administrator in Lions Volunteer Blind v. AGA et. al., 195 F.3d 803(6th Cir. 1999).
- Indiana Continuing Legal Education Foundation, Author and speaker:
- Section 89 Discrimination Rules (1988), A Primer on QDROs and COBRA Rights (1991), Retirement Plans in Bankruptcy (1992), HIPAA (1997) , Retirement Plans and Employee Benefits for Small Businesses (1998); How to Avoid Malpractice with QDRO`s and QMSCO`s Part I (2008) and Part II (2009)
- Other significant speaking engagements:
- Northern Indiana Human Resource Association (1994, 1996, 1997, 2000, 2002); Lincoln National Reinsurance Co. Annual Seminar (1996-1998); Commonwealth Life Insurance Co./Marketing Diversified Services MGU/TPA Seminar (1995-1999); Insurance and Risk HIPAA Seminar (1996, 1997); D.B. Englehart Annual Client Seminar (1996-2002); R.E. Sutton Annual Client Seminar (2004 -2006); APD Client Seminar (2006)
- Selected for inclusion in Best Lawyers in America, 2007-2010 and Indiana Super Lawyers, 2008-2010 publications in the field of Employee Benefits
- Member, Allen County, Indiana and American Bar Associations
- Past President, Parkview YMCA
- Past President, Fort Wayne Educational Foundation
- Past President, Fort Wayne Habitat for Humanity
- Indiana University (B.S. with high distinction, 1982; J.D./M.S.B.A., cum laude, 1986)
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