Milanna Datlow

Milanna Datlow

(she/her/hers)

Associate

Milanna Datlow

(she/her/hers)

Associate

  • Overview

    Biography

    Milanna Datlow is a member of the Managed Care + Employee Benefit Litigation Group. She has experience defending group welfare benefits and pension benefits plans subject to the Employee Retirement Income Security Act (ERISA) against allegations of fiduciary violations and other claims under ERISA brought by the Secretary of Labor and by a workers' union in an alleged class action. Milanna also defended cases involving allegations of medical malpractice as well as hospital negligence. Recently, she obtained a dismissal of a vicarious liability claim against a national operator of hospitals by successfully showing that the expert opinion letter accompanying the complaint did not meet the statutory mandate. Additionally, Milanna has experience defending discovery of peer review material and doctors' credentialing files, and has written on the topic of hospital risk management. 

    Prior to joining the firm, Milanna was a senior associate at a national civil litigation law firm where she specialized in medical malpractice and commercial litigation. She also served as a legal research clerk to judges at the Connecticut Superior Court. While in law school, Milanna clerked for the Honorable Lisa M. Smith, United States Magistrate Judge in the Southern District of New York and interned at the Enforcement Division of the Securities and Exchange Commission.

  • Experience
  • NEWS + PRESS
    • Publications

      Publications

      "The No Surprises Act: Overview of Key Provisions, Implementation and Enforcement," published in For The Defense, a publication of The Defense Research Institute (March 2023)
      • » more info

        • The No Surprises Act: Overview of Key Provisions, Implementation and Enforcement

        "The No Surprises Act: Overview of Key Provisions, Implementation and Enforcement," published in For The Defense, a publication of The Defense Research Institute, authored by Milanna Datlow (March 2023)

        The article focuses on the federal No Surprises Act (NSA), which was enacted as part of the Consolidated  Appropriations Act, 2021 on December 27, 2020 to provide protections against surprise (or balance) billing for three categories of services, all of which have in common the patient’s inability to choose a provider. Milanna offers summaries of the interim and final rules implementing the NSA as well as their enforcement. 


      "Implementing Regulations for the No Surprises Act," a publication of The Defense Research Institute (DRI) (December 2021)
      • » more info

        • Implementing Regulations for the No Surprises Act

        "Implementing Regulations for the No Surprises Act," authored by Milanna Datlow, a publication of The Defense Research Institute (DRI) (December 2021)

        Published in The ERISA Report, December 2021, Volume 16, Issue 2

        The No Surprises Act (NSA) was enacted as part of the Consolidated Appropriations Act of 2021. The NSA took effect on January 1, 2022. It applies to group health plans (including grandfathered plans), health insurance issuers of group or individual health coverage for plans/policies, and Federal Employees Health Benefits (FEHB) Program carriers.


      "Implementing Regulations for The No Surprises Act: Part I," published in the Fall 2021 edition of the American Bar Association Tort Trial & Insurance Practice (ABA TIPS) Employee Benefits Law Committee Newsletter

      "Developments in Disability Claims During the COVID-19 Pandemic," published in The Voice, a publication of The Defense Research Institute (DRI) (4/21/2021)

      "Coverage Under Private Group Health and Disability Plans: Implications of COVID-19," published in For The Defense, a publication of The Defense Research Institute (August 2020)

      "Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation," published in For The Defense, a publication of The Defense Research Institute (May 2020)
      • » more info

        • Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation

        "Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation," published in For The Defense, a publication of The Defense Research Institute, authored by Milanna Datlow (May 2020)

        The article addresses lessons learned in Connecticut in relation to exposure to litigation that hospitals may face - including causes of action ranging from negligence to statutory violations of trade practice laws - which may be instructive nationwide.

      • View article

    • Presentations

      Presentations

      "No Surprises Act Guidance for Health Plans: Final Rules, IDR Process, Qualifying Payment Amounts, Disclosures," a Strafford CLE video webinar (11/2/2022)
      • » more info

        • No Surprises Act Guidance for Health Plans: Final Rules, IDR Process, Qualifying Payment Amounts, Disclosures

        "No Surprises Act Guidance for Health Plans: Final Rules, IDR Process, Qualifying Payment Amounts, Disclosures," presented by Milanna Datlow, a Strafford CLE video webinar (11/2/2022)

        The video program featured interactive Q&A and provided employee benefits counsel, plan sponsors and administrators an overview of the No Surprises Act (NSA) and guidance on key provisions and requirements of the final rules implementing the NSA. Those rules were issued in August 2022 and significantly modify key provisions of the interim final rules issued in 2021. The new changes include providing more guidance on (1) qualifying payment amounts (QPA) that plan sponsors and issuers must disclose to providers and facilities; (2) the determination of out-of-network rates through the federal independent dispute resolution (IDR) process; and (3) the expanded information that a certified IDR entity must provide in its written payment determinations. The panel discussed the good-faith estimate requirements for uninsured or self-pay patients, surprise billing prohibitions, notice and consent requirements, and the payment process under the NSA. The panel also addressed the QPA and IDR processes under the final rules.


      "COVID-19 and Implications for Group Health and Disability Plans," co-presented with Jean E. Tomasco (3/3/2021)
      • » more info

        • COVID-19 and Implications for Group Health and Disability Plans

        "COVID-19 and Implications for Group Health and Disability Plans," co-presented by Jean E. Tomasco and Milanna Datlow (3/3/2021)

        “COVID-19 and Implications for Group Health and Disability Plans,” co-presented by Jean Tomasco and Milanna Datlow on March 3, 2021, to the Defense Research Institute's (DRI) Life, Health & Disability Committee’s in-house counsel group.


      "Implications of COVID-19 for Group Health and Disability Plans, Including COBRA," co-presented with Jean E. Tomasco, at the Managed Care + Employee Benefits Summit. (10/1/2020)
      • » more info

        • Implications of COVID-19 for Group Health and Disability Plans, Including COBRA

        "Implications of COVID-19 for Group Health and Disability Plans, Including COBRA," co-presented by Milanna Datlow and Jean E. Tomasco, at the Managed Care + Employee Benefits Summit. (10/1/2020)

        Jean Tomasco and Milanna Datlow co-presented “Implications of COVID-19 for Group Health and Disability Plans, Including COBRA” at Robinson+Cole’s annual Managed Care and Employee Benefits Summit on October 1, 2020. The R+C-hosted virtual Summit was dedicated to cutting-edge legal issues in life, health, disability, and ERISA benefit litigation.  


      "Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation," presented by The Defense Research Institute (DRI) (8/7/2020)
      • » more info

        • Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation

        "Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation," presented by Milanna Datlow, presented by The Defense Research Institute (DRI) (8/7/2020)

        The program addressed the challenges that hospitals face in their efforts to minimize the risks of litigation exposure while maintaining a high quality of care and patients’ confidence in quality and accountability. It analyzes some regulatory standards and legal issues that can expose hospitals to litigation in Connecticut. The lessons learned in Connecticut can be instructive across the country.

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    • News

      R+C in the News

      • March 17, 2023

        Milanna Datlow Authors DRI Article on the No Surprises Act

        • » more info

          Milanna Datlow Authors DRI Article on the No Surprises Act

          Managed Care + Employee Benefit Litigation Group member, Milanna Datlow, authored the article, “The No Surprises Act: Overview of Key Provisions, Implementation and Enforcement,” published in the March 2023 issue of DRI’s For the Defense. The article focuses on the federal No Surprises Act (NSA), which was enacted as part of the Consolidated  Appropriations Act, 2021 on December 27, 2020 to provide protections against surprise (or balance) billing for three categories of services, all of which have in common the patient’s inability to choose a provider. Milanna offers summaries of the interim and final rules implementing the NSA as well as their enforcement. Read the article.

        • View article
      • October 29, 2021

        Milanna Datlow Authors ABA TIPS Article on the No Surprises Act

        • » more info

          Milanna Datlow Authors ABA TIPS Article on the No Surprises Act

          Managed Care + Employee Benefit Litigation Group member, Milanna Datlow, authored the article “Implementing Regulations for The No Surprised Act: Part I,” published in the Fall 2021 Newsletter of the American Bar Association’s Tort Trial & Insurance Practice Section (ABA TIPS) Employee Benefits Committee. The article examines coverage of and cost-sharing for the services subject to the No Surprises Act (NSA), which was enacted as part of the Consolidated Appropriations Act of 2021 in response to the growing concerns regarding surprise (or balance) billing. Milanna shares insights on the NSA and the first set of its implementing regulations, including the differences from the current federal consumer protections against surprise medical bills, the NSA’s interaction with state surprise billing laws, and the notice and consent exception permitting balance billing for the medical services subject to the NSA in limited circumstances. Read the full article. 

        • View article
      • April 29, 2021

        Milanna Datlow Authors DRI Article on “Developments in Disability Claims During the COVID-19 Pandemic”

        • » more info

          Milanna Datlow Authors DRI Article on “Developments in Disability Claims During the COVID-19 Pandemic”

          Managed Care + Employee Benefit Litigation Group member, Milanna Datlow, wrote the article, “Developments in Disability Claims During the COVID-19 Pandemic,” published in the April 21, 2021 issue of the DRI newsletter, The Voice. It has been over a year since the first COVID-19 cases were diagnosed and the virus quickly evolved and spread, resulting in a worldwide pandemic. This article highlights new trends in COVID-19-related disability claims that emerged in 2020 through early 2021. Read the article.

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      • August 14, 2020

        Milanna Datlow Authors DRI Article on Coverage Under Private Group Health and Disability Plans as a Result of COVID-19

        • » more info

          Milanna Datlow Authors DRI Article on Coverage Under Private Group Health and Disability Plans as a Result of COVID-19

          Managed Care + Employee Benefit Litigation Group member Milanna Datlow authored the article “Coverage Under Private Group Health and Disability Plans: Implications of COVID-19,” published by DRI in the August 2020 issue of For The Defense. The article examines recent federal legislation and directives in response to growing concerns regarding the coverage of and cost sharing for diagnosis and treatment of COVID-19 under group health plans, and it analyzes possible developments for claims seeking long-term disability benefits after the pandemic. Read the full article.

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      • May 13, 2020

        Milanna Datlow Authors DRI Article on Hospital Risk Management Issues

        • » more info

          Milanna Datlow Authors DRI Article on Hospital Risk Management Issues

          Managed Care + Employee Benefit Litigation Group member Milanna Datlow authored the article “Hospital Risk Management: Issues to Consider to Minimize Exposure in Litigation,” published by DRI in the May 2020 issue of For The Defense. The article addresses lessons learned in Connecticut in relation to exposure to litigation that hospitals may face - including causes of action ranging from negligence to statutory violations of trade practice laws - which may be instructive nationwide. To read the article, please click here.

      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

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          78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

          78 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2024. Of the 78 lawyers from across the firm’s practice groups and offices named to the list, 57 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law. Approximately, the top 5 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 30th edition of The Best Lawyers in America®.

          Additionally, five lawyers were named Best Lawyers® 2024 “Lawyer of the Year” in the following offices, in the noted practice areas:

          Hartford, CT – Best Lawyers® 2024 “Lawyer of the Year”

          Jacqueline Pennino Scheib – Trademark Law

          Michael R. Enright – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

          Theodore J. Tucci – Insurance Law

          Boston, MA – Best Lawyers® 2024 “Lawyer of the Year”

          Michael S. Giaimo – Land Use and Zoning Law

          Stamford, CT – Best Lawyers® 2024 “Lawyer of the Year”

          Patricia D. Weitzman – Health Care Law and Litigation-Health Care

          A Best Lawyers “Lawyer of the Year” designation is awarded to one lawyer in each of various high-profile specialties in large legal communities. These particular lawyers received the highest ratings among their peers for their abilities, professionalism, and integrity.

          The fourth edition of Best Lawyers: Ones to Watch® in America was also released, which includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

        • View article
      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

        • » more info

          74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

          74 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2023. Of the 74 lawyers from across the firm’s practice groups and offices named to the list, 54 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law insurance law and construction litigation. Only the top 5.3 percent of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

          Additionally, the following five lawyers were named the Best Lawyers® 2023 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Brian R. Smith in Land Use and Zoning Law, Christine E. Bromberg in Tax Law, James P. Ray in Litigation – Environmental, Joey Lee Miranda in Energy Regulatory Law, Norman H. Roos in Banking and Finance Law, Rachel V. Kushel in Employment Law – Management, Theodore J. Tucci in  Health Care Law and Virginia E. McGarrity – in Employee Benefits (ERISA) Law.

          The third edition of Best Lawyers: “Ones to Watch” was also released, includes 23 Robinson+Cole lawyers. The “Ones to Watch” recognition is given to attorneys early in their careers for their outstanding professional excellence in private practice in the United States. The firm has the highest number of lawyers to receive this designation in Hartford, Connecticut. Read more in the press release.

        • View article
      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

        • » more info

          65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

          65 Robinson+Cole lawyers were selected by their peers for inclusion in The Best Lawyers in America© 2022. Of the 65 lawyers from across the firm’s practice groups and offices named to the list, 49 are from Connecticut. The firm continues to have the highest number of recognized lawyers in the state. Robinson+Cole also has the highest number of listed lawyers in Connecticut in the areas of environmental law and insurance law.

          Additionally, the following five lawyers were named the Best Lawyers® 2022 “Lawyer of the Year” in Hartford, Connecticut, in the noted practice areas: Patrick M. Birney in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Michael F. Maglio in Banking and Finance Law, Robert S. Melvin in Environmental Law, Joey Lee Miranda in Energy Law and Jacqueline Pennino Scheib in Trademark Law. Peter V. Lacouture was also named a Best Lawyers® 2022 “Lawyer of the Year” in Providence, Rhode Island in the area of Energy Law.

          The second edition of Best Lawyers: “Ones to Watch” was also released, of which 17 total Robinson+Cole lawyers are listed in. The “Ones to Watch” recognition is given to attorneys who are earlier in their careers for their outstanding professional excellence in private practice in the United States. Read more in the press release.

        • View article