LEIGH ANNE HODGE is a Partner in the firm's Birmingham office and is an active member of the Health Law Practice Group. Her practice is devoted primarily to health law litigation, including ERISA litigation, class actions, disputes involving physician recruiting agreements, insurance disputes, arbitration, medical malpractice, insurance fraud, any willing provider laws, and constitutional and statutory challenges to legislation and regulation. Ms. Hodge has considerable experience defending Medicare Advantage Plans in actions filed by beneficiaries alleging fraud by agents during the enrollment process. Ms. Hodge represented a Medicare Advantage Plan in the United States Court of Appeals for the Eleventh Circuit in a case of first impression involving removal jurisdiction under the Medicare Act. Ms. Hodge has experience in litigation against the United States Department of Justice arising under the Medicare Secondary Payer Act and also has an active general litigation practice that includes defending private companies in business disputes, personal injury litigation, and employment discrimination matters. 

Prior to joining Balch & Bingham LLP, Ms. Hodge served as a law clerk to the Honorable Edward S. Smith, Senior Circuit Judge for the United States Court of Appeals for the Federal Circuit. Before attending law school, Ms. Hodge was a registered nurse for eight years and had experience both in hospital and private clinic settings. 

Representative Experience

• Dial v. HealthSpring of Alabama, Inc., 541 F.3d 1144 (11^th Cir. 2008) – argued case of first impression in federal Circuit Courts addressing issue whether the Medicare Act, as amended by the MMA, completely preempts state law claims by enrollees in Medicare Advantage Plans.

  Heffner v. Blue Cross and Blue Shield of Alabama, (11th Cir. 2010) - affirming denial of motion for class certification and entry of summary judgment against named plaintiff in multi-state ERISA class action over calculation of insurance deductibles.

  Heffner v. Blue Cross and Blue Shield of Alabama, 443 F.3d 1330 (11th Cir. 2006) – reversing certification of ERISA class action and remanding to district court for further proceedings.

  Farrow v. Blue Cross and Blue Shield of Alabama, et al.  currently pending in the United States District Court for the Northern District of Alabama – defense of class action complaint arising out of reimbursement for emergency services provided by non-participating ambulance providers.

  Tebbetts v. Blue Cross and Blue Shield of Alabama, 2009 WL 1850537, 2009 U.S. Dist. Lexis 54502 (M.D. Ala., June 26, 2009) – secured dismissal of class action complaint alleging breach of ERISA fiduciary duties in challenge to administration of radiology benefit management program.

  Hester v. United HealthCare Ins. Co., et al., 2009 WL 183202, 2009 U.S. Dist. Lexis 3378 (E.D. Tenn., June 16, 2009) – upon removal to federal court based on ERISA preemption, secured dismissal of state law claims and ERISA breach of fiduciary duty claim arising out of alleged denial of request for pre-authorization of an MRI of brain.

  Green v. Blue Cross and Blue Shield of Alabama – arbitration of a dispute over a denial of benefits for pre-existing condition.

  Blue Cross and Blue Shield of Alabama v. Hodurski, 899 So.2d 949 (Ala. 2004) – defense of provider class action over reimbursement of physician assistant services.

  United States v. Baxter International, Inc., 345 F.3d 866 (11^th Cir. 2003) – represented claims administrator in case filed by United States Department of Justice under Medicare Secondary Payer Act. 

  Chamberlin v. Blue Cross and Blue Shield of Alabama, United States District Court for the Southern District of Alabama – defense of multi-state ERISA class action over insurance benefits for routine mammography.

  Blue Cross and Blue Shield of Alabama v. Neilsen, 142 F.3d 1375 (11^th Cir. 1998) – represented Blue Cross in a defendant provider class action contesting applicability of any willing provider statutes.

  McFillin v. United Healthcare of Alabama, Inc., United States District Court for the Southern District of Alabama – defense of lawsuit over failure to approve experimental bone marrow transplant treatment for breast cancer.

  Price v. United Healthcare, United States District Court for the Middle District of Alabama – defense of lawsuit involving fraudulent employer group health plan.

  Duke v. Wausau Ins. Co., et al., United States District Court for the Northern District of Alabama – defense of lawsuit involving alleged illegal multi-employer welfare arrangement and denial of benefits. 

  Health Services Review, Inc. v. Blue Cross and Blue Shield of Alabama, Circuit Court of Jefferson County, Alabama – anti-trust lawsuit over exclusivity of medical review services for determinations of medical necessity.

  Forland v. Blue Cross and Blue Shield of Alabama and Woodruff v. Blue Cross and Blue Shield of Alabama, Circuit Court of Mobile County, Alabama – defense of companion class actions over issuance of Medicare supplement policies to Medicaid recipients. 

PROFESSIONAL ACTIVITIES

• • American Bar Association, Health Law Section, Vice Chair of Managed Care and Insurance Interest Group
  • Adjunct Professor, Cumberland School of Law, Health Law Transactions, Spring 2009, Spring 2010
  • American Inns of Court, Birmingham, Alabama Inn, Treasurer
  • Alabama State Bar, Health Law Section
  • Executive Committee, Glenwood, Inc., Autism and Behavioral Health Center in Birmingham, Alabama

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