Biography

DALY D.E. TEMCHINE is Counsel in the Health Care and Life Sciences and Litigation practices, in the New York office of Epstein Becker Green. Since joining the firm in 1990, he has focused on providing representation, advice and counseling to clients in the health care industry. Mr. Temchine is recognized as one of the country's leading attorneys with regard to ERISA preemption matters.

Mr. Temchine represents managed care entities, ERISA plans and plan sponsors, plan administrators, insurers, hospitals, vertically integrated provider groups, and physician groups and associations. He has litigated a wide range of health care law matters, including:

  • ERISA
  • Benefits coverage
  • Experimental treatment
  • CPT and DRG coding practice disputes
  • Fraud and abuse claims
  • Antitrust law as it relates to the health field
  • "Anti-dumping" claims
  • Peer review in hospital, HMO and IPA settings including claims of denials of due process and non-compliance with medical staff and hospital bylaw requirements
  • Federal and state statutory and regulatory governance of health care financing and delivery systems
  • EMTALA
  • Alternative dispute resolution provisions in plan documents and provider contracts

Mr. Temchine's experience also includes:

  • Counseling health care clients on issues concerning ERISA preemption, fiduciary breach, prohibited transactions, and denial of benefits
  • Representing clients in managed care class action defense, including RICO, subrogation under both ERISA and state laws with respect to payments received by insureds from third party tortfeasors, retention of rebates by payers, state prompt pay laws as applied to both insured and self-funded health benefit plans, "Any Willing Provider Statute" litigation as applied to both insured and self-funded benefit plans
  • Counseling clients on payer/provider billing disputes, including non-participating provider issues, Medicaid plan coverage and payment disputes, Medicare plan coverage and payment disputes, disputes regarding applicable payment rates under both state laws and contract terms
  • Representing clients in hospital litigation, including EMTALA, disputes between hospital medical staffs and hospital boards and officers, disputes between affiliated hospitals, and exclusive contracting disputes
  • Representing clients in the prosecution and defense of post-employment restrictive covenants and unfair competition claims
  • Providing advice and guidance with respect to the development of- managed care service enterprises, self-funded health and welfare plans which comply with ERISA and involve an insurance factor without being either MEWAS or subject to indirect state regulation
  • Providing advice and counsel to ERISA fiduciaries regarding the identity and characteristics of "plan assets" in connection with the avoidance of prohibited transactions
  • Advising clients as to the proper ERISA scope of benefit and benefit limitation and exclusion description
  • Providing fraud and abuse counseling and defense, both in general and in the context of specific government investigations

Mr. Temchine has represented clients in numerous, significant lawsuits, including:

  • Love v. Blue Cross and Blue Shield Ass'n (formerly Thomas v. Blue Cross and Blue Shield Ass'n), No. 03-21296, 2008 WL 4097607 (S.D. Fl. Sept. 4, 2008)
  • Solomon v. Blue Cross Blue Shield Ass'n, 574 F. Supp. 2d 1288 (S.D. Fla. 2008)
  • Rubin-Schneiderman v. Merit Behavioral Care Corp., et al., 193 Fed. Appx. 70 (2d Cir. 2006), cert. denied, 2007 U.S. LEXIS 91 (U.S. Jan. 8, 2007)
  • Singh v. Prudential Health Care Plan, Inc., 335 F.3d 278 (4th Cir.), cert. denied, 124 S. Ct. 924 (2003)
  • Moreland v. Aetna U.S. Healthcare, Inc., 152 Md. App. 288 (2003)
  • Connecticut v. Physicians Health Servs. of Conn., Inc., 287 F.3d 110 (2d Cir.), cert. denied, 537 U.S. 878 (2002)
  • Batas v. Prudential Ins. Co., 281 A.D.2d 260, 724 N.Y.S.2d 3 (1st Dep't 2001)
  • Prudential Ins. Co. v. National Park Med. Ctr., 154 F.3d 812 (8th Cir. 1998)
  • Texas Pharmacy Ass'n v. Prudential Ins. Co., 105 F.3d 1035 (5th Cir. 1997)
  • Turner v. Fallon Cmty. Health Plan, Inc., 127 F.3d 196 (1st Cir. 1997)

Mr. Temchine's litigation experience also encompasses both bench and jury trials in such diverse civil matters as race and gender discrimination, construction, antitrust, contracts and RICO cases. He has been retained by a number of trade associations to prepare amicus briefs in Supreme Court matters, including Herdrich v. Pegram, 530 U.S. 211, 120 S.Ct. 2143 (2000), and has represented the managed care industry in the Supreme Court and the Circuit Courts of Appeal.

Mr. Temchine first became involved in ERISA litigation in 1980 when he joined the Office of the Solicitor of Labor. As Deputy Associate Solicitor for Special Litigation and a Senior Trial Attorney, he was responsible for the civil prosecution of some of the more complex and precedent-setting actions brought by the Secretary of Labor to enforce ERISA. Mr. Temchine was lead counsel for the plaintiff Secretary in Donovan v. Schmoutey, 592 F. Supp. 1361, 1403 (D. Nev. 1984), involving the misapplication of the assets of a pension plan. The cased was tried to a jury for six months, and resulted in a verdict in excess of $30 million. Although the judgment debtors immediately filed for bankruptcy, Mr. Temchine and his team recovered more $26 million from the debtors' secured creditors in the bankruptcy proceeding.

Mr. Temchine has been actively involved in health law since the early 1970s. As a Deputy Attorney General for the State of New Jersey, he had lead counsel responsibility for substantial class actions brought against the State in the federal courts, and prosecuted the first Medicaid fraud case brought by the State. Mr. Temchine entered private practice where he concentrated on civil litigation, with substantial involvement in class action defense, antitrust defense and hospital law respecting the relationship between hospital boards of trustees and officers and the one hand, and medical staff bodies and their officers on the other. Mr. Temchine clerked for the Hon. Melvin P. Antell.

In 1997, Mr. Temchine was named by the National Law Journal as one of "40 Health Care Lawyers Who Have Made Their Mark." On March 29, 2002, he was the sole private practitioner invited to participate in a panel presentation at a conference of United States District Court judges at New York University Law School on the subject of anticipation and management of issues likely to arise in the litigation of ERISA cases. Mr. Temchine was recommended by The Legal 500 United States in 2015.

Mr. Temchine writes and speaks frequently on issues related to ERISA.

Education

  • Rutgers University School of Law – Newark (J.D., 1969)
    • Editorial Board, Rutgers Law Review
  • Columbia College (B.A., 1965)

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Southern District of New York

Bar Admissions

  • District of Columbia
  • Maryland
  • New Jersey
  • New York

Memberships

  • American Bar Association
  • American Health Lawyers Association
  • District of Columbia Bar Association
  • Maryland State Bar Association
  • New Jersey State Bar Association