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Crowell & Moring is one of the nation's premier health care law firms, handling the full range of federal, civil, criminal, regulatory, and legislative issues confronting the industry. We represent Medicare fiscal intermediaries and carriers, Medicare+Choice HMOs, Medicaid HMOs, FEHBP and TRICARE contractors, pharmaceutical companies, and a wide variety of providers.

Over the last 20 years, our practice has focused on disputes with government agencies, auditors, and the Office of the Inspector General. As a result, our lawyers have unparalleled experience in government investigations, voluntary disclosures, and defense of health care entities in qui tam actions. It is fair to say that we wrote the book in this area: "Responding to Government Investigations," Health Care Fraud Litig. Rep. (Andrews Pubs), April 1997. It is also true that we have litigated some of the most important cases involving alleged fraud by members of the health care industry.

Our lawyers are uniquely skilled at advising clients on how to respond to and, more importantly, avoid trouble. This includes responding to investigations, defending False Claims Act and qui tam actions, developing compliance programs and training, as well as advising on a broad range of legislation and agency policies, including the following:

  • Medicare/Medicaid Anti-Kickback Act
  • Stark rules
  • Exclusion and suspension
  • Billing and claims processing requirements
  • Coordination of benefits
  • Federal Employees Health Benefits Program
  • Upcoding
  • Physician incentive payments
  • Medicare secondary payor
  • Emergency Medical Treatment and Active Labor Act (EMTALA, or anti-dumping act)
  • Medicaid Rebate Act and Veterans Health Care Act of 1992
  • Provider reimbursement under Medicare and Medicaid
  • Pharmacy benefit management contracts
  • ERISA preemption
  • Provider and beneficiary appeals and grievance processes
  • Privacy and HIPAA compliance
  • Health care mergers and acquisitions

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"You Snooze, You Lose: Contractor’s Compensation Costs are Not Expressly Unallowable When the Government Delayed in Setting Annual Cap," Government Contracts Bullet Points (June 16, 2021). Contacts: Stephen J. McBrady, Nicole Owren-Wiest, Skye Mathieson, Erin Rankin, Catherine O. Shames
Client Alert/Newsletter
"District Court Reverses Course on Whether Kickbacks Presumptively Inflated Government Costs Under the False Claims Act," Government Contracts Bullet Points (June 15, 2021). Contacts: Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Jared Engelking, Bridget Carr
Client Alert/Newsletter
"Fastest 5 Minutes: National Security, Mandatory Disclosures, Small Business (June 15)," Podcast: Fastest 5 Minutes in Government Contracts (June 15, 2021). Contacts: Peter Eyre, M. Yuan Zhou
Client Alert/Newsletter
"False Claims Act Consent Judgment Can Prompt Termination of SDVOSB Status Even Without an Admission of Liability," Government Contracts Bullet Points (June 14, 2021). Contacts: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, Zachary Schroeder
Client Alert/Newsletter
Legal 500 United States Ranks Crowell & Moring in Six Practice Areas in 2021 Guide (Jun.14.2021)
Firm News/Announcement
Apple Is Said To Have Turned Over Data On Trump’s White House Counsel In 2018 The New York Times (June 13, 2021)
Media Mentions
"How Vast Government Aid and Imaginative Enforcement Could Mean FCA Liability for a Growing Breadth of Industries," Government Contracts Bullet Points (June 10, 2021). Contacts: Preston L. Pugh, Danielle Rowan
Client Alert/Newsletter
DOJ Is Getting More Imaginative With False Claims Act Enforcement And Hitting A Growing Range of Organizations (June 8, 2021). Authors: Preston L. Pugh, and Danielle Rowan.
Publications
"False Claims Act Settlement Highlights DOJ’s Continued Pursuit of Large Contractors That Fail to Meet Subcontracting Requirements," Government Contracts Bullet Points (June 8, 2021). Contacts: Stephen M. Byers, Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Jared Engelking
Client Alert/Newsletter
Are You A New U.S. Government Contractor? Here Are Answers To Frequently Asked Questions (June 3, 2021). Authors: Gail D. Zirkelbach, Peter Eyre, William B. O'Reilly, and Zachary Schroeder.
Publications

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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