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Troy A. Barsky

Partner

tbarsky@crowell.com
Phone: +1 202.624.2890
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Troy Barsky is a partner in Crowell & Moring's Washington, D.C. office, and serves as a member of the firm’s Health Care Group Steering Committee where he focuses on health care fraud and abuse, and Medicare and Medicaid law and policy. Troy counsels all types of health care entities, including hospitals, group practices, and health plans on the physician self-referral law (Stark Law) and the Anti-Kickback Statute, innovative healthcare delivery models, such as Accountable Care Organizations (ACOs), and Medicare & Medicaid payment and coverage policy. He also defends clients seeking resolution of government health care program overpayment issues or fraud and abuse matters through self-disclosures and negotiated settlements with the U.S. Department of Justice, U.S. Health & Human Services Office of the Inspector General and the Centers for Medicare & Medicaid Services (CMS). 

In 2017 and 2018, Troy was listed in Chambers USA as up & coming in health care. Chambers listed Troy as a Band 3 practitioner in health care in 2019, and as Band 2 in 2020.

Troy has extensive healthcare government experience, serving at the U.S. Department of Health & Human Services (HHS) for 11 years, from 2002-2013. Prior to joining the firm, Troy was the Director of the Division of Technical Payment Policy at CMS from 2009 to 2013 where he was responsible for Stark law policy and other Medicare payment issues. He implemented important sections of the Affordable Care Act, including the creation, development, and operation of the CMS Voluntary Self-Referral Disclosure Protocol (SRDP). Troy was also a key team member in the development of the Medicare Shared Savings Program and Medicare ACOs including the issuance of fraud and abuse waivers associated with this program. Additionally, he advised the Center for Medicare & Medicaid Innovation (CMMI) in the development and testing of new demonstrations and models. Troy also wrote and issued Stark advisory opinions; developed Medicare technical payment policy in areas such as the timely filing of Medicare claims, and assignment and reassignment; and reviewed waiver requests by hospitals to move from their designated Organ Procurement Organization (OPO).

Prior to joining CMS, Troy served in the HHS Office of the General Counsel, CMS Division, Program Integrity Group from 2002-2009. In that role, he focused on Medicare and Medicaid fraud and abuse. Specifically, Troy was the program integrity senior litigation attorney, where he focused on pharmaceutical and medical device False Claims Act matters. Additionally, Troy gained high-level experience regarding the collection of Medicare overpayments. Troy represented CMS in administrative matters before the HHS Departmental Appeals Board regarding Medicaid taxes and donations and intergovernmental transfers. He also extensively advised CMS on Medicare & Medicaid payment policy.

Education

  • Cornell University, B.S. (1995)
  • Benjamin N. Cardozo School of Law, J.D. (1998) cum laude

Affiliations

Admitted to practice: District of Columbia, New York, Maryland

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"Election 2020: The Impact on Health Care," Crowell & Moring Webinar (October 23, 2020). Presenters: A. Xavier Baker, Troy A. Barsky, Jodi G. Daniel, Alexis J. Gilman, and James Flood.
Speech/Presentation
Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.23.2020)
Firm News / Announcement
"HHS Begins Delivery of Cares Act Provider Relief Funding – What Providers Should Consider," Health Care Alert (April 13, 2020). Contacts: Jacinta Alves, Troy A. Barsky, James G. Flood, Brian Tully McLaughlin, David W. O'Brien, Matthew Vicinanzo
Client Alert / Newsletter
"Guide to the COVID-19 Crisis Stark Waivers," Health Care Alert (April 9, 2020). Contacts: Jacinta Alves, Troy A. Barsky, John T. Brennan Jr., Kelly Hightower Hibbert
Client Alert / Newsletter
"Follow Up: White House Expands Invocation of Defense Production Act Authorities as Part of COVID Response," Government Contracts Bullet Points (March 30, 2020). Contacts: Jonathan M. Baker, Troy A. Barsky, Alan W. H. Gourley, J. Chris Haile, John E. McCarthy Jr., Eric M. Ransom, Stephanie L. Crawford
Client Alert / Newsletter
"Follow Up: White House Issues Order under Defense Production Act as Part of COVID Response," Government Contracts Bullet Points (March 27, 2020). Contacts: Jonathan M. Baker, Troy A. Barsky, Alan W. H. Gourley, J. Chris Haile, John E. McCarthy Jr., Eric M. Ransom, Stephanie L. Crawford
Client Alert / Newsletter
"Follow Up: White House Issues Order under Defense Production Act as Part of COVID Response," Government Contracts Bullet Points (March 23, 2020). Contacts: Jonathan M. Baker, Troy A. Barsky, Stephanie L. Crawford, Alan W. H. Gourley, J. Chris Haile, John E. McCarthy Jr., Eric M. Ransom
Client Alert / Newsletter
"HHS Lifts Major Barriers to Telehealth to Help Reduce the Spread of COVID-19," Health Care Alert (March 20, 2020). Contacts: Troy A. Barsky, Jodi G. Daniel, Barbara H. Ryland, Stephanie D. Willis, Joe Records, Roma Sharma, Michelle Chipetine
Client Alert / Newsletter
"White House Issues Order under Defense Production Act as Part of COVID Response," Government Contracts Bullet Points (March 19, 2020). Contacts: Jonathan M. Baker, Troy A. Barsky, Alan W. H. Gourley, J. Chris Haile, John E. McCarthy Jr., Eric M. Ransom
Client Alert / Newsletter
"Health Care – Will Health Care Be Healthier in 2020?," Crowell & Moring's Regulatory Forecast 2020 (February 26, 2020). Contributors: A. Xavier Baker, Christopher Flynn, and Troy A. Barsky.
Publication

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