Photograph of Troy A. Barsky

Government Experience

  • 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)
  • Department of Health & Human Services—Senior Attorney, Office of the General Counsel, Program Integrity Group, Centers for Medicare & Medicaid Services Division (2002-2009)
  • Department of Health & Human Services—Acting Deputy Director, CMS, Office of Financial Management, Program Integrity Group (2007)

Education

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

Admissions

  • District of Columbia
  • New York
  • Maryland

Health Care – Will Health Care Be Healthier in 2020?


Click to read this article from
Crowell & Moring's Regulatory Forecast 2020.
Regulatory Forecast 2020

Troy A. Barsky

Partner
Washington, D.C.
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.


Affiliations

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



Highlights, News & Knowledge

Speeches & Presentations

  • "Health Care Investigations: FCA and Beyond," Investigations: Readiness and Response Webinar Series (April 29, 2021). Presenters: Troy A. Barsky, Michael Shaheen, Roma Sharma, and Payal Nanavati.
  • "Anti-Kickback Statute and Stark Law Reform: New Opportunities for Value-Based Care," Healthcare Ounce of Prevention Seminar (HOOPS) 2021: Health Care in the Biden Era (February 25, 2021). Presenters: Troy A. Barsky and Barbara H. Ryland.
  • "Transition 2021: The Future of Health Care under a Biden Administration," Crowell & Moring Webinar (January 12, 2021). Presenters: A. Xavier Baker, Troy A. Barsky, Jodi G. Daniel, James G. Flood, and W. Scott Douglas.
  • "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.
  • "Health Care Fraud and Abuse Laws: What In-house Counsel Need to Know and How to Respond to an Investigation," ACC and Crowell & Moring Seminar, New York, NY (June 27, 2019). Speakers: Brian McGovern, Troy A. Barsky, Rebecca Monck Ricigliano, and John E. Davis.
  • "Think Tank Session: Keeping Your Health System Safe From Fraud And Abuse Risk: Compliance Risks, Government Enforcement Priorities And Changes To Fraud And Abuse Laws And Regulations," Healthcare Law & Compliance Institute, Dallas, TX (March 4, 2018). Presenters: Troy A. Barsky and William S.W. Chang.
  • "Investigations 201: Health Care Fraud and Abuse Investigations," Crowell & Moring Webinar (February 7, 2018). Presenters: Troy A. Barsky and Laura M. Kidd Cordova.
  • "Mega Rule Opportunities and Information About the Final Requirements for Participation," American Society of Consultant Pharmacists Webinar (October 20, 2016). Presenters: Troy A. Barsky and Roma Sharma.
  • "Health Care Reform and Fraud and Abuse: An Overview of Potential Challenges and Opportunities," The American Society of Consultant Pharmacists (ASCP) Webinar (September 27, 2016). Co-Presenter: Stephanie D. Willis and Troy A. Barsky.
  • "The Evolving Role of the Office of Inspector General in Alternative Payment Models," National Accountable Care Congress, Los Angeles, CA (November 16, 2015). Panelist: Troy A. Barsky.
  • "Compliant Physician Transactions in a Population Health World," American Health Lawyers Association Annual Meeting and In-House Counsel Program, Washington, D.C. (June 28-July 1, 2015). Speaker: Troy A. Barsky.
  • "Health Care," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C. (May 5-6, 2015). Moderator: David J. Ginsberg; Panelists: David C. Hammond, Troy A. Barsky, and James G. Flood.
  • "Health Care Industry Webinar Series Fraud and Abuse: Compliance Risks in 2015," Crowell & Moring Webinar (March 12, 2015). Presenters: John T. Brennan Jr., Troy A. Barsky, and Meredith Larson.
  • "Health Care Industry Webinar Series Fraud and Abuse: Compliance Risks in 2015," Crowell & Moring Webinar (March 12, 2015). Presenters: John T. Brennan Jr. and Troy A. Barsky.
  • "Providers becoming Payors and Payors becoming Providers – Key Legal Considerations," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C. (October 27-28, 2014). Presenters: Troy A. Barsky and Kevin B. Kroeker.
  • "Federal Health Care Programs: New FCA Enforcement Risks in a Post-ACA World," OOPS 2014, Crowell & Moring's 30th Annual Ounce of Prevention Seminar, Washington, D.C. (May 13-14, 2014). Moderator: Robert T. Rhoad; Presenters: Jacinta Alves and Troy A. Barsky.
  • "Emerging Fraud and Abuse and Antitrust Risks for Health Plans Under the ACA," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Los Angeles, CA (May 13, 2014). Presenters: Troy A. Barsky and Katherine I. Funk.
  • "False Claims Act and Health Plan Risk," Crowell & Moring's Healthcare Ounce of Prevention Seminar (HOOPS) (January 30, 2014). Presenters: Robert T. Rhoad and Troy A. Barsky.
  • "Developing Consumer Marketing Materials in the New ACA Regulatory Environment," American Health Lawyers Association Webinar (December 9, 2013). Presenters: Troy A. Barsky and A. Xavier Baker.
  • "Integrity in an Era of Healthcare Reform: Better Health, Lower Cost, Less Fraud?" AHLA In-House Counsel Program and Annual Meeting, San Diego, CA (June 30-July 3, 2013). Presenter: Troy A. Barsky.
  • "Physician Organizations Bootcamp Webinar and Roundtable Discussion Series: The Anatomy of Physician Integration, Part III—Fraud and Abuse," AHLA Webinar (June 11, 2013). Presenter: Troy A. Barsky.
  • "Legal & Policy Issues Related to ACO Formation by Independent Physician Groups," America's Health Insurance Plans ACO Summit (May 15, 2013). Presenters: Arthur N. Lerner and Troy A. Barsky.
  • "Accountable Care Organizations (ACOs)/Healthcare Reform," Health Care Compliance Association (HCCA) Compliance Institute (April 23, 2013). Panelists: Troy A. Barsky, Shawn DeGroot, and Frank Sheeder; Moderator: John Falcetano.
  • "Stark Self-Disclosure," American Health Lawyers Association (AHLA) Institute on Medicare & Medicaid Payment Issues (March 20-22, 2013). Speakers: Troy A. Barsky and Thomas S. Crane.
  • "Stark Self-Disclosure Protocol Roundtable Discussion Take 2," AHLA Public Interest Committee (October 3, 2012). Participants: Troy A. Barsky, Curt Chase, S. Craig Holden, Robert Homchick, Joseph Hudzik, Clevonne (Vonne) Jacobs, Rebekah Latchis, Katherine Lauer, Catherine Martin, Kevin McAnaney, Michael Paddock, Margaret Peyton, Albert Shay, Sanford (Sandy) Teplitzky, and Joel Wakefield.
  • "Public Interest Dialogue: To Disclose or Not Disclose — Stark Law Disclosure," AHLA Annual Meeting (June 26, 2012). Speakers: Troy A. Barsky and Albert W. Shay.
  • "CMS Voluntary Self-Referral Disclosure Protocol," Institute on Medicare & Medicaid Payment Issues (March 29, 2012). Speakers: Troy A. Barsky and Thomas S. Crane.
  • "Fraud and Abuse Law Waivers," Ushering in Accountable Care — Progress and Future under the Affordable Care Act, Catholic University, Columbus School of Law (February 10, 2012). Speakers: Troy A. Barsky, Susan DeSanti, Douglas Hastings and Art Lerner, Robert Louthian, and Tom Scully.
  • "Overview of the Medicare Shared Savings Program Final Regulations, Part III: CMS & OIG Final Interim Rule on Program Waivers," American Health Lawyers Association Webinar (November 3, 2011). Speakers: Troy A. Barsky, Julie Kass, Vickie Robinson; Moderator: Daria Niewenhaus.
  • "Emergence of Self-Reporting Obligations: Self-Disclosure under the OIG and CMS Protocols," AHLA Annual Meeting (June 27-29, 2011). Speakers: Troy A. Barsky, Steven Clifton, S. Craig Holden, and Tony Maida.
  • "Fraud & Abuse Issues," AHLA, The Nuts and Bolts of Accountable Care: ACOs and Beyond (March 29, 2011). Speakers: Troy A. Barsky and Robert Homchick.
  • "CMS Voluntary Self-Referral Disclosure Protocol," AHLA Hospitals & Health Systems Law Institute (February 10-11, 2011). Speakers: Troy A. Barsky and Bob Wade.
  • "Legal & Practical Issues for New Business Models in a More Integrated Delivery System," AHLA Hospitals & Health Systems Law Institute (February 10, 2011). Speakers: Troy A. Barsky, Mark Thompson, and Christine White.
  • "The New Reality of Stark Self-Disclosures: What to Do and Not Do," AHLA Webinar (November 19, 2010). Speakers: Troy A. Barsky, Roy Albert, Lisa M. Ohrin; Moderator: Julie Kass.
  • "Workshop Regarding Accountable Care Organizations and Implications Regarding Antitrust, Physician Self-Referral, Anti-Kickback, and Civil Monetary Penalty (CMP) Laws," Centers for Medicare & Medicaid Services (October 5, 2010). Speakers: Troy A. Barsky (Co-Moderator), Vicki Robinson (Co-Moderator), Ivy Baer, Jonathan Diesenhaus, Jeffrey Micklos, Robert Saner, Chester "Chet" Speed, Nora Super, Tom Wilder, and Marcie Zakheim.
  • "Stark in the Dark & Out of the Closet: The Discovery of Unintentional Violations and the New Potential for Voluntary Disclosure," AHLA/HCCA Fraud and Compliance Forum (September 27-28, 2010). Speaker: Troy A. Barsky, Steven E. Clifton, and Julie E. Kass.
  • "Advanced Stark in the Aftermath of Healthcare Reform," AHLA Annual Meeting (June 28-30, 2010). Speakers: Troy A. Barsky and S. Craig Holden.
  • "Stark Law & the Impact of Healthcare Reform," 28th Annual Convention of the American Association of Physicians of Indian Origin (June 24, 2010). Speaker: Troy A. Barsky.
  • "Stark Developments," AHLA/HCCA Fraud and Compliance Forum (October 4-6, 2009). Speakers: Troy A. Barsky and Julie E. Kass.

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Firm News & Announcements

May.20.2021 Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S.
Apr.23.2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
Dec.16.2019 DEAL NOTE: Crowell & Moring Advises Humana Inc. on Acquisition of Enclara Healthcare
Apr.29.2019 Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
May.09.2018 Chambers USA 2018 Ranks 52 Crowell & Moring Lawyers and 24 Practice Areas Among Best in U.S.
May.26.2017 Chambers USA 2017 Ranks 53 Crowell & Moring Lawyers and 23 Practice Areas Among Best in U.S.
Jul.12.2016 Crowell & Moring Partner Troy Barsky Testifies Before Senate Finance Committee on Stark Law
Jan.13.2015 Crowell & Moring Releases Third Annual Litigation Forecast Report and Inaugural Regulatory Forecast
Jun.03.2013 Crowell & Moring Bolsters Health Care Group with Two High-Level Partner Additions