Troy A. Barsky

Partner & CHS Managing Director

Overview

Troy Barsky is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm’s Health Care Group, where he focuses on health care fraud and abuse, as well as 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 health care delivery models, such as Accountable Care Organizations (ACOs), and Medicare and Medicaid payment and coverage policy. Troy additionally represents various health care entities in the regulatory aspects of health care transactions, including compliance, corporate structuring, diligence, licensure, and credentialing. 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 and Human Services Office of the Inspector General, and the Centers for Medicare and Medicaid Services (CMS).

Troy is also managing director of Crowell Health Solutions (CHS), a strategic consulting firm that helps health care organizations and technology companies improve patient care and health outcomes, advance health equity, and lower health care costs through solutions like digital health innovations and value-based health care models.

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 since 2020.

Troy has extensive health care government experience, serving at the U.S. Department of Health & Human Services (HHS) for 11 years, from 2002 to 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 to 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.

Career & Education

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    • Department of Health & Human Services
      Director, Division of Technical Payment Policy, Chronic Care Policy Group, Center for Medicare, Centers for Medicare & Medicaid Services, 2009 — 2013
      Senior Attorney, Office of the General Counsel, Program Integrity Group, Centers for Medicare & Medicaid Services Division, 2002 — 2009
      Acting Deputy Director, CMS, Office of Financial Management, Program Integrity Group, 2007
    • Department of Health & Human Services
      Director, Division of Technical Payment Policy, Chronic Care Policy Group, Center for Medicare, Centers for Medicare & Medicaid Services, 2009 — 2013
      Senior Attorney, Office of the General Counsel, Program Integrity Group, Centers for Medicare & Medicaid Services Division, 2002 — 2009
      Acting Deputy Director, CMS, Office of Financial Management, Program Integrity Group, 2007
    • Cornell University, B.S., 1995
    • Cardozo School of Law, J.D., cum laude, 1998
    • Cornell University, B.S., 1995
    • Cardozo School of Law, J.D., cum laude, 1998
    • District of Columbia
    • New York
    • Maryland
    • District of Columbia
    • New York
    • Maryland

Recognition

  • Chambers USA: Band 2, Healthcare, District of Columbia, 2020-2023 | Band 3, Healthcare, District of Columbia, 2019 | Up & Coming, Healthcare, 2017-2018
  • The Best Lawyers in America: Health Care
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