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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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"In the Land of the Disfavored: FAR Council Issues Proposed Rule on Avoiding Usage of LPTA," Government Contracts Bullet Points (October 11, 2019). Contacts: Elizabeth Buehler, Charles Baek, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"At Last! Proposed Amendments to the FAR Reflecting Increased MPT, SAT and TINA Thresholds," Government Contracts Bullet Points (October 10, 2019). Contacts: Elizabeth Buehler, Charles Baek, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"A Practicum in Government Contracts Data Rights," Government Contracts Breakfast Series, Arlington, VA (October 8, 2019). Panelists: Jonathan M. Baker, John E. McCarthy, Jr., Nicole Owren-Wiest, Christopher D. Garcia, and M. Yuan Zhou.
Speech/Presentation
"Court of Federal Claims Grants Summary Judgment in Affordable Care Act "Reinsurance" Litigation," Government Contracts Bullet Points (October 8, 2019). Contacts: Stephen J. McBrady, Daniel W. Wolff, Clifton S. Elgarten, Monica DiFonzo Sterling, Charles Baek, A. Xavier Baker, Skye Mathieson
Client Alert/Newsletter
"Show Me the Value: DFARS Proposes Rule on Market Research and Value-Based Price Reasonableness Determination," Government Contracts Bullet Points (October 4, 2019). Contacts: Elizabeth Buehler, Charles Baek, Nicole Owren-Wiest, Catherine O. Shames
Client Alert/Newsletter
"Fastest 5 Minutes: Waning LPTA Authority and Other Transactions News (October 4)," Podcast: Fastest 5 Minutes in Government Contracts (October 4, 2019). Contacts: Peter Eyre, David B. Robbins
Client Alert/Newsletter
"Government Charged With Knowledge of Unapproved Subcontractors Listed on Invoices," Government Contracts Bullet Points (October 2, 2019). Contacts: Nicole Owren-Wiest, Stephen J. McBrady, Skye Mathieson, Elizabeth Buehler, Michelle D. Coleman, Charles Baek, Catherine O. Shames
Client Alert/Newsletter
"Snooze You Lose: ASBCA Denies Appeal Seeking Payment for Employee Paid "To Do Nothing" During Stop Work," Government Contracts Bullet Points (October 1, 2019). Contacts: Stephen J. McBrady, Skye Mathieson, Michelle D. Coleman
Client Alert/Newsletter
"All Things Protest: Failure to Launch – OTA Jurisdiction at COFC (September 2019)," Podcast: All Things Protest (September 27, 2019). Contacts: Jonathan M. Baker, Olivia Lynch, Christian N. Curran
Client Alert/Newsletter
"Let's Talk FCA: Small Business Subcontracting (September 2019)," Podcast: Let's Talk FCA (September 26, 2019). Contacts: Mana Elihu Lombardo, Olivia Lynch, Jason M. Crawford, Gabrielle Trujillo
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, 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. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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