Arthur N. Lerner, Partner Washington, D.C.
alerner@crowell.com
Phone: +1 202.624.2820
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Arthur N. Lerner focuses his practice on antitrust, health reform, transactions and fraud and abuse issues for health plans, hospitals, and other health care entities. He is a member and former co-chair (2002-2015) of the firm's Health Care Group. Art handles mergers and acquisitions, joint ventures, antitrust investigations by the Department of Justice and the Federal Trade Commission, government program fraud and abuse compliance, health reform initiatives and compliance under the Affordable Care Act (ACA), accountable care organization (ACO) transactions and other complex regulatory and competition law counseling and litigation matters. Art directed the FTC's health care antitrust program from 1982 to 1985. Before that, he served as attorney advisor to the chairman of the Federal Trade Commission, assistant to the director of the Bureau of Competition, and as an FTC trial attorney in health care antitrust. Art was named 2013 "Lawyer of the Year" in Health Care Law in Washington, D.C. by Best Lawyers®.

Recent Representative Engagements

  • Lead antitrust counsel for Humana Inc. in its $37 billion acquisition by Aetna Inc. The merger is being challenged by the Department of Justice Antitrust Division and various State attorneys general in federal district court in the District of Columbia.
  • Successful defense of Kaiser Foundation Health Plan against allegations that it conspired with a labor union to drive a competing hospital system out of business. Motion to dismiss initial and amended complaints granted in their entirety. Prime Healthcare Services, inc. v. Service Employees International Union, Case No. 11-cv-2652-GPC-RBB JLS (S.D. Cal. 2013), aff’d, No. 13-57185 (9th Cir. March 2, 2016).
  • Lead antitrust counsel for Coventry Health Care, Inc. in its $7.2 billion acquisition by Aetna Inc. The combination in 2013 of two of the largest 10 health insurance companies in the country was subject to antitrust review by the Department of Justice Antitrust Division and state attorneys general.
  • Lead antitrust counsel for Humana Inc. in its acquisition of Arcadian Health Management, including representation of Humana in the Department of Justice Antitrust Division investigation under the Hart-Scott-Rodino Act of the merger's impact on competition in the sale of Medicare Advantage health benefits coverage and in proceedings under the Tunney Act for approval of the consent agreement permitting the acquisition to be consummated. United States v. Humana Inc., Case: 1:12-cv-00464 (RBW) (D.D.C. 2012).
  • Antitrust counsel for Fletcher Allen Partners, the leading hospital system in Vermont, in its 2012 combination with Champlain Valley Health Center in Plattsburgh, New York.
  • Counsel for a major national health insurer on the impact of Medicare sequestration reductions on payments to health care providers under Medicare Advantage programs.
  • Secured voluntary dismissal of a putative class action complaint against health insurer Health Net alleging its participation in a price-fixing conspiracy under California's Cartwright Act and Unfair Competition Law. Plaintiffs, a group of independent retail pharmacies, alleged that Health Net had entered into a conspiracy to not reimburse patients or their pharmacies for generic versions of Lipitor. Crowell & Moring convinced the plaintiffs to dismiss Health Net without any compensation or remedy (even before filing of any motion to dismiss) based on a presentation of facts demonstrating that Health Net had not engaged in the alleged conduct. RP Health Care, Inc. v. Pfizer, Inc., Case No. CV-12-1059 JSW (N.D.Cal. 2012).
  • Represented Health Net in renegotiation of its comprehensive pharmacy benefits management arrangements with CVS Caremark Corporation and the $160 million sale of Health Net's Medicare Prescription Drug Plan (PDP) business to Caremark CVS. To permit consummation of the transactions, Crowell & Moring secured clearance from the Department of Health & Human Services Centers for Medicare & Medicaid Services and the Antitrust Division of the Department of Justice.
  • Successfully represented clients in investigation by the United States Department of Justice Antitrust Division and state attorneys general, focused on "most favored nation" (MFN)-type contracting terms in agreements between hospitals and client health plans.
  • Successful representation of health plan carriers in audits of their community rates under the Federal Employees Health Benefits Program.
  • Internal review of major national health insurer's compliance with the new medical loss ratio (MLR) requirements under the Affordable Care Act (ACA) health reform law.

Art has served as a member of the Board of Directors (2008-2014) and Executive Committee (2013-2014) of the American Health Lawyers Association (AHLA) and as chair (2004-2007) of the Antitrust Practice Group of the AHLA. He is also former chair of the American Bar Association Antitrust Section's Federal Civil Enforcement Committee (2006-2007) and Federal Trade Commission Committee (2004-2006), and is a member of the advisory board for the Bureau of National Affairs' Health Insurance Report. Art speaks frequently for the AHLA, the American Bar Association and other professional organizations on antitrust, health reform, managed care, fraud and abuse and emerging health law issues.

Art is recognized as a top lawyer in the health care field nationally by Chambers USA and is recognized in both antitrust and health care law by The Best Lawyers in America (2008 through 2017 editions). He was named one of the top 25 managed care attorneys in the country by The National Law Journal and is highly recommended in Legal Media's Guide to the Leading US Healthcare Lawyers. In addition, Art has been listed on the BTI Client Service All-Star Team for Corporate Transactions, in recognition of his ability to break down deal complexities and his profound understanding of his clients' business. Art received the "Champion of Change" award from the District of Columbia Primary Care Association for his and the firm's pro bono work helping the Association on its initiative to ensure that every resident of the District of Columbia has a "medical home."



Affiliations

Admitted to practice: District of Columbia, Massachusetts (inactive), U.S. Supreme Court, U.S. Court of Appeals: Third Circuit, Eighth Circuit, Ninth Circuit & Federal Circuit, U.S. District Court for the District of Columbia, U.S. District Court for the District of Massachusetts, U.S. Court of Federal Claims



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Firm News & Announcements

Aug.18.2016 The Best Lawyers in America 2017 Recognizes 38 Crowell & Moring Attorneys
Jun.29.2016 Litigation Note: Supreme Court Denies Certiorari in Prime Healthcare Services, Inc. v. Service Employees International Union, et al.
May.27.2016 Chambers USA Ranks 56 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Aug.25.2015 The Best Lawyers in America 2016 Recognizes 39 Crowell & Moring Attorneys
May.19.2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
Jan.22.2015 Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100"
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Aug.28.2014 The Best Lawyers In America 2015 Recognizes 40 Crowell & Moring Attorneys
May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Apr.08.2014 Crowell & Moring Named Finalist in Global Competition Review's Fourth Annual "GCR Awards"
Sep.03.2013 The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
Jun.10.2013 Deal Note: Crowell & Moring Client Cigna Announces PBM Partnering Agreement with Catamaran
May.24.2013 Chambers USA Ranks 45 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Sep.04.2012 The Best Lawyers in America 2013 Recognizes 44 Crowell & Moring Attorneys
Sep.01.2012 Super Lawyers 2012 Recognizes 42 Crowell & Moring Attorneys
Jun.07.2012 Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
Aug.30.2011 The Best Lawyers in America 2012 Recognizes 43 Crowell & Moring Attorneys
Jun.10.2011 Chambers USA Ranks Crowell & Moring Attorneys and Leading Practice Areas Among Best in U.S.
Oct.08.2010 Crowell & Moring Partner Arthur Lerner Receives District of Columbia Primary Care Association's 2010 Champion of Change Award
Sep.01.2010 Super Lawyers 2010 Recognizes 36 Crowell & Moring Attorneys
Aug.03.2010 The Best Lawyers in America 2011 Recognizes 44 Crowell & Moring Attorneys
Jun.11.2010 Chambers USA Ranks 42 Crowell & Moring Attorneys and 14 Practice Areas as Among Best In Class
Sep.01.2009 Super Lawyers 2009 Recognizes 39 Crowell & Moring Attorneys
Oct.17.2008 Court Issues Final Consent Judgment on United-Sierra Acquisition
Jun.13.2008 Chambers USA Ranks 33 Crowell & Moring Attorneys and 13 Practice Areas as Among Best In Class
Jun.12.2008 Crowell & Moring's Arthur N. Lerner Elected to American Health Lawyers Association Board of Directors
May.30.2008 Case Dismissed: Crowell & Moring Achieves Dismissal of Hospital Class Action Against Health Net
Feb.25.2008 Crowell & Moring's Antitrust Group Represents Sierra Health Services in UnitedHealth Group's $2.6 Billion Acquisition
Jan.04.2008 Nightingale's Healthcare News Names Arthur N. Lerner An "Outstanding Healthcare Antitrust Lawyer"
Nov.08.2007 Crowell & Moring Named To BTI’s "Masters Of The Deal" Corporate Elite
Sep.11.2007 The Best Lawyers in America 2008 Recognizes 34 Crowell & Moring Attorneys
Jun.21.2007 Chambers USA Ranks 28 Crowell & Moring Attorneys and 13 Practice Areas
Aug.04.2006 Bread for the City to Dismiss Lawsuit against District of Columbia, Celebrates Victory for Area Patients
Jun.30.2006 Bread for the City Case Update: District Will Not Implement Requirements Any Sooner Than July 17, 2006
Jun.29.2006 Bread For The City Files Lawsuit Against District of Columbia to Protect Medicaid Patients
Mar.14.2006 Ambulatory Surgery Centers Petition Supreme Court To Overturn Gordon V. Lewistown
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