Stephen A. Serfass concentrates his practice on financial services issues, principally related to long term care insurance, life insurance, environmental insurance and debt collection matters. He also has significant experience resolving privacy and security compliance and breach issues related to personally identifiable health and financial information. He is nationally recognized as a leader in the long term care insurance community and leads Drinker Biddle’s 20 lawyer long term care insurance team. In that arena, Steve’s work spans the product life cycle from cradle to grave. Steve's insurance industry practice includes representation of domestic and international insurance companies in business, claims and coverage litigation. He also has experience representing managing general agents in a variety of contexts.
Steve leads the firm’s Long-Term Care Insurance Team and represents insurers on a wide range of issues including class action and individual litigation, regulatory compliance, product development and policy drafting, fraud prevention, rate increases, privacy and security, and other matters.
- Led a team in an enterprise-wide compliance audit for a long-term care insurer, which included the provision of a report bench-marking the current compliance function and a road map of specific action items for an improved compliance function.
- Assisted long-term care insurers in resolving complicated issues related to premium rate increases, care provider licensing and many other coverage issues.
- Assisted carriers with antifraud issues including developing antifraud programs, providing related training and litigating against those who perpetrate fraud.
Steve represents a wide range of life insurers for litigation and compliance matters. He represents environmental contractors, developers and owners of contaminated property in negotiating fixed price remediation contracts, environmental liability transfer agreements and the placement of related cost cap/remediation stop loss, and pollution liability insurance policies.
Working with insurers and others who routinely handle personal information, Steve provides counsel on privacy and security compliance. He represents insurers, managing general agents, reinsurers, and the business associates of such entities in all facets of information privacy and security compliance, issues that arise in connection with breaches, as well as defending information privacy and security related claims and other insurance coverage matters.
- Assisted clients by developing and implementing privacy and security compliance plans in connection with the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act, HITECH, and other laws. These engagements included:
- Conducting an initial evaluation of the ways the organization used, disclosed and otherwise interacted with personal information about policyholders, claimants and others.
- Drafting policies and procedures compliant with applicable law.
- Drafting privacy notices, authorization/consent forms, and vendor/business associate contracts/addenda.
- Developing and providing initial training for the organization’s workforce.
- Participating in the evaluation and improvement of the organization’s risk management/mitigation system with respect to information privacy and security issues.
- Helped develop several identity theft prevention programs.
- Led a team of Drinker Biddle lawyers in performing more than a dozen information privacy audits with respect to GLB, HIPAA, and other insurance-specific requirements for insurers.
- Serves as counsel for a number of insurers on information privacy issues, and is often called upon to negotiate business associate contracts or similar confidentiality agreements, navigate issues concerning whether a new product is within certain privacy requirements, and to address other related issues.
- For several clients, Steve is a go-to resource for counsel on information privacy and security matters on a daily basis.
- He is proficient in a range of privacy related laws.
Steve represents environmental contractors, developers and owners of contaminated property in negotiating fixed price remediation contracts, environmental liability transfer agreements and the placement of related cost cap/remediation stop loss, and pollution liability insurance policies. In private practice, Steve has negotiated in the range of 100 cost-cap and PLL policies.
- Rutgers University School of Law - Camden, J.D., 1996, Rutgers Law Review
- Pennsylvania State University, B.S., 1991
- Association of Life Insurance Counsel
- Long Term Care International Forum, Board of Directors (Past President)