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M. Katherine Strahan

Hicks Thomas

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Position: Partner
Rating:
  • Litigation Star
Practice Areas:
Insurance
Commercial
Jurisdictions:
Languages:
English
Biography

Katherine is a trial lawyer with twenty-five years of experience in complex commercial and managed care litigation. She has spent her entire career representing managed care organizations (MCOs) in business and healthcare disputes and has extensive experience representing employers, group insurers and claims administrators in disputes involving health, disability, life and accidental death and dismemberment benefits, including claims under the Employee Retirement Income Security Act (ERISA) and insurance-bad-faith laws.

As part of her managed care practice, Katherine routinely handles contract, business-practices, and provider-prompt-pay disputes in court and arbitration proceedings. These matters often involve claims arising out of managed care agreements, third-party administrative services contracts, out-of-network reimbursement or claims handling practices, verification of coverage or benefits, and plan coverage provisions. In handling these disputes, Katherine defends claims based on alleged ERISA violations, breach of contract, quantum meruit, breach of fiduciary, insurance code violations, fraud, misrepresentation and other torts. Relatedly, Katherine also represents third-party payers in overpayment and fraudulent-billing-practices claims against health care providers and related entities. Katherine has developed the claims data management skills necessary to litigate the hundreds or thousands of medical claims often at issue in managed care cases, and has worked with a variety of experts on medical coding and billing issues.

As part of her managed care and employee-benefits litigation practice, Katherine is experienced in ERISA welfare benefits litigation, including addressing breach-of-fiduciary duty, standard-of-review, preemption, standing, and discovery issues in those cases. In addition to ERISA, Katherine is familiar with related regulatory schemes, such as health-plan regulations under the No Suprises Act (NSA), Affordable Care Act (ACA), Consolidated Omnibus Budget Reconciliation Act (COBRA), Health Insurance Portability and Accountability Act (HIPAA), and Emergency Medical Treatment and Labor Act (EMTALA). She also has familiarity with state-law group insurance regulations arising in managed care litigation.

In addition to her trial court practice, Katherine represents clients in federal and state courts of appeal. In addition to preparing briefing in several appellate courts, she has presented oral argument in the United States Court of Appeals of the Fifth Circuit and the Court of Appeals for the Fifth District of Texas. The issues in these appeals have included jurisdictional challenges, successor and contractual liability, and ERISA standard-of-review and benefits-decision defenses.

 
Updated Oct 2025

Recent matter/case highlights
  • Recovered on third-party payers’ claims for overpayments and improper medical billing practices.

  • Defended claims against MCOs arising out of managed care agreements with providers, including disputed issues involving medical coding, billing and reimbursement methodologies.

  • Defended claims against MCOs arising out of out-of-network reimbursement under ERISA benefit plans.

  • Obtained summary judgment in favor of defendants in ERISA welfare benefit cases.

  • Obtained dismissal of a putative class-action over ERISA medical benefits.
Key practice areas
  • Healthcare Litigation
Sector expertise
  • Healthcare
Academic qualifications
  • J.D., cum laude - University of Houston Law Center - 1999
  • B.A. - The University of Texas - 1991
Association/network memberships
  • Houston Bar Association    
  • World Affairs Council of Houston    
  • National Association of Women Lawyers    
  • 2012 Fellow, Leadership Council on Legal Diversity    
  • Federal Bar Association
Bar admissions
  • State Bar of Texas - 1999
Address:
700 Louisiana Street Ste. 2300
Houston, TX 77002
Tel:+937135479128 Email:Contact this practitioner Website:https://www.hicks-thomas.com/attorneys/m-katherine-strahan/