Insights

Washington – June 1, 2023: Crowell & Moring earned 82 rankings for 68 lawyers across 48 categories, as well as 37 national and statewide practice area rankings, in the Chambers USA 2023 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – August 18, 2022: The 2023 edition of The Best Lawyers in America® has recognized 54 firm lawyers as "Best Lawyers" and 32 lawyers as “Ones to Watch.”

Washington – June 1, 2022: Chambers and Partners has ranked 70 Crowell & Moring lawyers in 84 rankings across 40 categories in the Chambers USA 2022 guide. In addition, 37 practice areas were also ranked in the guide. The regional and national rankings are driven by independent interviews of clients and lawyers.

While the healthcare industry is evolving from fee-for-service to quality-based payment, the Stark Law (42 U.S.C. § 1395) and the Anti-Kickback Statute (42 U.S.C. § 1320a–7b) have remained stuck in the past. These two fraud and abuse laws have impeded the continued development and utilization of value-based arrangements that reward high quality health care and improved health outcomes. The Stark Law, for example, was created to combat the exchange of financial incentives in return for referring patients for designated health services (DHS) – an exchange that can incentivize the provision of unnecessary care under a fee-for-service payment system. However, with the healthcare industry’s recent shift toward value-based payments, overutilization is no longer the problem it used to be. The Stark Law and Anti-Kickback Statute are misaligned with the current health care industry payment landscape and as result have impeded forward progress toward value-based care.

The Department Health and Human Services (HHS) announced last Friday that it is distributing approximately $4.9 billion in COVID-19 provider relief funds directly to skilled nursing facilities (SNFs). The funds are accompanied by a host of terms and conditions, compliance with which is “material” to HHS’ decision to disburse payments to SNFs. This materiality language raises considerations for providers, particularly with regard to potential liability under the civil False Claims Act (FCA).

Crowell & Moring LLP Health Care Group co-chair and partner John T. Brennan Jr. is featured in the National Law Journal for his comments on healthcare reform, specifically in the areas of assisting hospitals and health care system clients revamp procedures for reporting and refunding overpayments from the government. This includes helping clients conduct audits as they relate to the overpayment issue

Health Care Group chair John T. Brennan is featured for his comments on the publication extension of the Phase III Stark rule. Among matters the Phase III Stark Rule are expected to address are the underlying statute’s applicability to the Medicaid program and whether the physician recruitment exception can be expanded. Brennan addressed this rule and its implications at the March 22, 2007 American Health Lawyers Association’s Institute on Medicare and Medicaid Payment Issues.

Health Care Group chair John T. Brennan Jr. is featured for his thoughts on the False Claims Act as it relates to behavioral change.

For the most comprehensive program available on legal issues related to reimbursement, attend AHLA's Institute on Medicare and Medicaid Payment Issues. As in the past, there will be breakout sessions on more than 50 topics presented by leading experts, including many CMS officials. As always, the program will begin the first morning with the Fundamentals of A-B and C-D, CMS Outreach on Hospital and Physician Issues, and the 2010 RAP Practice Group's Year in Review. Followed by this year's Keynote Speaker, Professor Laura Katz Olson, who is the author of The Politics of Medicaid.

The 20th Annual National Institute on Health Care Fraud will provide a rewarding educational experience for health care attorneys, regulators, prosecutors, criminal defense attorneys and qui tam relators’ counsel. This National Institute draws panelists, facilitators and participants from each of these significant interest groups and it offers unique opportunities to meet and share experiences and concerns in a non-adversarial setting.

The recently enacted healthcare reform legislation is considered the most significant development affecting the healthcare industry in the last 45 years. As part of AHLA's mission to serve as an educational resource and foster dialogue on the key issues affecting the health law community, AHLA is offering various educational resources to assist our members in advising their clients. One very important resource is their in-person program on May 11-12, where their faculty will dig into the details of the different titles of the new law and discuss their implications for the different sectors of the healthcare community.

Please click here for a copy of the presentation. Please join Crowell & Moring for the fifth in a series of webinars focused on key issues of importance to the health care industry. How you respond to a subpoena and a government investigation can have serious ramifications for your business and senior management. This program will address best practices for handling an investigation, highlighting how to deal with the government, and initiating an internal investigation as necessary.

Please join Crowell & Moring for the first in a series of webinars focused on key issues of importance to the health care industry. With over $450 million allocated to program integrity efforts in the President’s 2015 budget and  a return on enforcement investment at a ratio of 8 to 1, health care providers should not look for the current pace of enforcement to slacken any time soon. On the contrary—enforcement agencies are pursuing providers more aggressively than ever, and with changes on the horizon, providers need to be attuned to government enforcement priorities for 2015. The U.S. Department of Justice recovered nearly $6 billion from False Claims Act cases in fiscal year 2014. In this webinar, we’ll review what providers can expect in the coming year—and what they can do to prepare.

In this episode, hosts Payal Nanavati and Joe Records talk to Lidia Niecko-Najjum and John Brennan about the legal issues that investors, providers, and innovators should be prepared to navigate when considering offering Ketamine-assisted treatment, including the federal and state laws and regulations related to the practice of medicine, licensure, and many other issues. 

Payers, Providers, and Patients – Oh My! Is Crowell & Moring’s biweekly health care podcast, discussing legal and regulatory issues that affect health care entities’ in-house counsel, executives, and investors. In this episode, hosts Joe Records and Payal Nanavati talk with John Brennan about what health care companies need to know about FCA dismissals under the Granston memo.