Chris Flynn is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm's Health Care Group. Chris focuses his practice on complex commercial litigation before federal and state courts, administrative agencies and arbitral forums. Chris regularly represents HMOs, PPOs, IPAs, TPAs, health benefit plans, fiscal intermediaries, managed behavioral healthcare organizations, plan sponsors and health care industry associations in various litigation, investigations, and regulatory matters. Chris' experience includes all areas of health care, including payor/provider contract disputes, class action defense, ERISA preemption, subrogation disputes, regulatory challenges and whistleblower claims. Chris has also briefed health care matters for the Supreme Court as counsel for amicus curiae.
In addition to his work as defense counsel for health care clients, Chris represents health care clients pursuing recoveries of monies lost as the result of fraud, waste, and abuse.
Chris received his bachelor's degree from the George Washington University and his law degree from the Columbus School of Law at the Catholic University of America. Chris is also an active member of the American Bar Association, Health Law and Litigation Sections as well as the American Health Lawyers Association.
Chris is a member of the Maryland and District of Columbia bar.
Representative Matters:
- Successfully represented payor in $250 million nationwide dispute with hospital system regarding coding practices.
- Represents coalition of health care entities challenging enforcement of Federal Mental Health Parity Regulations for failure to engage in notice and comment rulemaking.
- Secured dismissal of $30 million lost profits claim against a managed care organization by a hospital system based on the alleged refusal to permit the system to participate in a provider network.
- Successfully secured $18 million arbitration award on behalf of a Medicare Advantage plan against a multi-specialty provider group that solicited plan members to a competing plan.
- Represent plan in a putative national class action regarding balance billing by emergency room physicians.
- Represented managed behavioral healthcare organization in several putative class actions involving impact of state parity laws on claims for eating disorder coverage.
- Participated in trial team that secured directed verdict on behalf of health plan against four regional health systems challenging out-of-network reimbursement.
- Represent health plan in a putative class action regarding appropriateness of co-pays for outpatient emergency services.
- Represented Florida health plan in a dispute with a hospital system regarding the manner in which non-participating providers are compensated under Florida law.
- Represented managed care organization in a dispute with a state employees health benefits program regarding appropriateness of premium payments.
- Secured dismissal of $300 million putative class action against managed care support contractor in the CHAMPUS/Tricare program based on alleged underpayment of outpatient hospital claims. Ruling affirmed on appeal by the Third Circuit.
- Represented employee assistance program in Federal District court and before the Second Circuit in duty to warn case in which the District Court granted summary judgment and the Second Circuit affirmed.
- Represented health plan in putative class action in which a consumer class alleged violation of ERISA in the denial of residential treatment claims.
- Represented staff model HMO in a consumer class action relating to subrogation practices that allegedly violated state law.
- Tried case on behalf of HMO to defense verdict in a state law action brought by a DME provider challenging non-participating provider reimbursement rates.
- Successfully represented staff model HMO in matter in which the trial court vacated a TRO prohibiting the plan from terminating an allegedly "bona fide" employer group.
- Successfully represented licensor of genomic data at trial in a license dispute with a pharmaceutical company regarding most favored nation pricing.
- Represent national Medicare Advantage plan in a dispute with an ESI vendor relating to transmission of claims data.
- Successfully challenged state insurance commissioner's interpretation of health plans' ability to collect last month premiums in the individual market.
Affiliations
Admitted to practice: District of Columbia, Maryland, U.S. Court of Appeals for the Second Circuit
Highlights, News & Knowledge
Speeches & Presentations
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"Emerging Issues and Trends in Managed Care Litigation," The ABA Health Law Section’s 19th Annual Conference on Emerging Issues in Healthcare Law, Scottsdale, AZ
(February 23, 2018).
Presenter: Christopher Flynn.
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"Risk Corridors Payment Recovery Opportunity," Crowell & Moring Webinar
(November 30, 2016).
Speakers: A. Xavier Baker, Christopher Flynn, and Stephen J. McBrady.
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"Health Care Recovery," Crowell & Moring's Second Annual In-House Recovery Conference, Dana Point, CA
(March 10-11, 2016).
Presenters: Robert T. Rhoad, Chris Flynn, Joseph Miller, and Matthew Verzally.
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"Hot Issues in Payor/Provider Litigation," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C.
(October 27-28, 2014).
Presenters: Chris Flynn and Peter Roan.
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"Current Legal Issues Facing Managed Care," American Association of Preferred Provider Organizations
(April 15, 2011).
Presenter: Chris Flynn.
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"Premium Rate Setting Under PPACA -- What Does The Future Hold?," Milliman Health Care Synopsium
(November 2010).
Presenters: Chris Flynn and Tom Snook, Milliman.
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"Managed Care Litigation Disputes," AHLA
(November 2010).
Presenter: Chris Flynn.
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Participating Provider Disputes. Blue Cross and Blue Shield Association 44th Annual Conference
(May 2010).
Presenters: Chris Flynn and Tracy Roman.
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"Attacks on Health Reform and Developing Litigation Issues in the Managed Care Arena," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS)
(April 26-27, 2010).
Presenters: Chris Flynn and Jeffrey L. Poston.
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"Pursuing and Defending Lawsuits Involving Balance Billing, Reimbursement, Physician Tiering and Other Claims," Managed Care Litigation: Emerging Trends in Provider-Plan Disputes, Strafford teleconference/webinar
(March 11, 2010).
Presenters: Robert T. Rhoad and Chris Flynn.
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Managed Care Litigation Update. Magellan Health Legal and Regulatory Retreat
(March 2009).
Presenters: Chris Flynn and Tracy Roman.
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Hot Topics in Non-Participating Provider Litigation. AHLA Payors; Plans and Managed Care Law Institute
(October 2008).
Presenter: Chris Flynn.
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"Post-Claims Underwriting Litigation: A Review of the Governing Law and Emerging Trends," Crowell & Moring's 2008 Healthcare Ounce Of Prevention Seminar (HOOPS)
(October 2008).
Presenter: Chris Flynn.
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"With No Contract, What Is A Fair Rate? The Non-Participating Provider Reimbursement Conundrum," Blue Cross and Blue Shield Association 42nd Annual Lawyers' Conference
(May 9, 2008).
Presenters: Chris Flynn and Michael W. Paddock.
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"Managed Care Litigation Developments: Legal and Practical Considerations for Health Plan Counsel," UHG Attorney and Regulatory Affairs Senior Leadership Retreat
(March 14, 2008).
Co-Presenters: Chris Flynn and Michael W. Paddock.
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"Current and Emerging Trends in Managed Care Litigation," Crowell & Moring's 2007 Healthcare Ounce of Prevention Seminar (HOOPS)
(October 2007).
Co-Presenters: Julie A. Barnes, William J. Flanagan, Chris Flynn, David Florin and Jeffrey L. Poston.
Publications
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"States Seek Control over Association Health Plans in Comments on DOL Proposed Rule; Iowa Senate Approves Bill Expanding Availability of Association Health Plans—Potentially to the Detriment of ACA Exchange Plans," Crowell & Moring's Health Law Blog
(March 16, 2018).
Authors: Christopher Flynn, A. Xavier Baker, Samuel W. Krause and Alice Hall-Partyka.
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COFC Rejects Government Motion to Dismiss ACA “Risk Corridors” Case
(January 12, 2017).
Authors: Steve McBrady, Christopher Flynn, A. Xavier Baker, Joseph Miller, Sharmistha Das, and Daniel W. Wolff.
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Court Delays Action on Appeal of ACA Subsidies Case
(December 19, 2016).
Authors: Christopher Flynn, Joseph Miller, A. Xavier Baker. and Joseph Records.
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"Sequestration Extended to 2025 in Federal Budget Deal," Crowell & Moring's Health Law Blog
(December 10, 2015).
Authors: Christopher Flynn, Peter Roan, Michael W. Lieberman, and Harsh P. Parikh.
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"Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2014).
Contributor.
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"The False Claims Act Correction Act: Key Provisions and Implications," Payors, Plans & Managed Care, AHLA, Vol. 12, Issue 1
(January 2009).
Co-Authors: Chris Flynn, David W. O'Brien, Michael W. Paddock and Amy S. Lee.
Client Alerts & Newsletters
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"Managed Care Lawsuit Watch - September 2017,"
Managed Care Lawsuit Watch
(September 6, 2017).
Contacts: Christopher Flynn, Peter Roan
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"Four Health Care Company v. John Doe Cases: Scare Tactics, Accidental Disclosures, Hacking, and Impersonation Lead to Loss of Anonymity,"
Health Care Alert
(August 3, 2017).
Contacts: Troy A. Barsky, Christopher Flynn, Clifford J. Zatz
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"Court of Federal Claims Grants Summary Judgment on $214 Million ACA "Risk Corridors" Claim,"
Government Contracts Bullet Points
(February 10, 2017).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Christopher Flynn, A. Xavier Baker, Joseph M. Miller
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"Managed Care Lawsuit Watch - February 2017,"
Managed Care Lawsuit Watch
(February 2, 2017).
Contacts: Christopher Flynn, Peter Roan, Brian C. Lewis, Rochelle-Leigh Rosenberg, Lauren R. Nunez
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"COFC Holds That ACA "Risk Corridors" Program Requires Annual Payment,"
Government Contracts Bullet Points
(January 12, 2017).
Contacts: Stephen J. McBrady, Christopher Flynn, Joseph M. Miller, Daniel W. Wolff, A. Xavier Baker, Sharmistha Das
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"Court of Federal Claims Permits Affordable Care Act "Risk Corridors" Case to Proceed,"
Government Contracts Bullet Points
(December 2, 2016).
Contacts: Stephen J. McBrady, Christopher Flynn, A. Xavier Baker, Joseph M. Miller, Daniel W. Wolff
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"Managed Care Lawsuit Watch - August 2016,"
Managed Care Lawsuit Watch
(September 6, 2016).
Contacts: Christopher Flynn, Peter Roan, Lauren R. Nunez, Rochelle-Leigh Rosenberg, Joe Records, Brian C. Lewis
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"Managed Care Lawsuit Watch - March 2016,"
Managed Care Lawsuit Watch
(March 29, 2016).
Contacts: Christopher Flynn, Peter Roan, Roma Sharma, Rochelle-Leigh Rosenberg, Chris Cadena, Brian C. Lewis, Lauren R. Nunez
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" Managed Care Lawsuit Watch - November 2015,"
Managed Care Lawsuit Watch
(November 4, 2015).
Contacts: Christopher Flynn, Peter Roan, Joe Records, Diana T. Huang, Stephanie D. Willis, Chris Cadena
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" Managed Care Lawsuit Watch - June 2015,"
Managed Care Lawsuit Watch
(June 8, 2015).
Contacts: Christopher Flynn, Peter Roan, Joe Records, Rochelle-Leigh Rosenberg
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"Managed Care Lawsuit Watch - March 2015,"
Managed Care Lawsuit Watch
(March 5, 2015).
Contacts: Christopher Flynn, Peter Roan
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"California Court of Appeal Expands Coverage for Autism Related Services for Certain Health Plans,"
Health Care Alert
(April 28, 2014).
Contacts: Jennifer S. Romano, Peter Roan, Christopher Flynn
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"Managed Care Lawsuit Watch - April 2014,"
Managed Care Lawsuit Watch
(April 25, 2014).
Contacts: Christopher Flynn, A. Xavier Baker
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"Managed Care Lawsuit Watch - February 2014,"
Managed Care Lawsuit Watch
(February 11, 2014).
Contacts: Christopher Flynn, A. Xavier Baker
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"U.S. Department of Labor Administrative Review Board Reverses Prior Ruling and Holds that a Tricare Network Provider is a "Subcontractor" Under OFCCP Regulations,"
Health Care Alert
(July 30, 2013).
Contacts: Kris D. Meade, Christopher Flynn, Rebecca L. Springer
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"OFCCP Directive Continues Agency's Efforts To Expand Its Jurisdiction Over Health Care Providers,"
Health Care Alert
(January 28, 2011).
Contacts: Kris D. Meade, Christopher Flynn, Rebecca L. Springer
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"Ninth Circuit Addresses Medicare Preemption in New Uhm v. Humana Opinion,"
Health Care Alert
(September 1, 2010).
Contact: Christopher Flynn
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"Interim Final Mental Health Parity and Addiction Equity Act Regulations Issued,"
Health Care Alert
(March 1, 2010).
Contacts: Christopher Flynn, Jeffrey L. Poston
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"Managed Care Lawsuit Watch - December 2006,"
Managed Care Lawsuit Watch
(December 7, 2006).
Contacts: Christopher Flynn, Peter Roan
In the News
Firm News & Announcements