Spencer Bruck
Overview
Spencer Bruck represents health care entities in government enforcement actions and high-stakes litigation, and provides regulatory guidance with a focus on mental health parity law.
Career & Education
- New York
Special Assistant Attorney General, 2021–2023
- New York
- University of Michigan, with distinction
- Georgetown University Law Center
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
Spencer's Insights
Client Alert | 3 min read | 05.16.25
Trump Administration Pauses Enforcement of the MHPAEA Final Rule
The Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Tri-Agencies”) have signaled that changes may be coming to the Mental Health Parity and Addiction Equity Act (“MHPAEA”) Final Rule issued on September 8, 2024. On May 9, 2025, the Tri-Agencies filed a Motion for Abeyance in a lawsuit brought by the ERISA Industry Committee (“ERIC”) challenging the 2024 final MHPAEA regulations in the United States District Court for the District of Columbia.[1] The Motion, which was granted by the Court, indicated that the Tri-Agencies intend to “reconsider” the Final Rule, including “whether to issue a notice of proposed rulemaking rescinding or modifying the Final Rule.” Yesterday, on May 15, 2025, the Tri-Agencies issued a notice of non-enforcement stating that they “will not enforce the 2024 Final Rule or otherwise pursue enforcement actions, based on a failure to comply that occurs prior to a final decision in the litigation, plus an additional 18 months.”
Blog Post | 04.29.25
Seventh Circuit Clarifies Limits on Advertising Payments under the AKS
Press Coverage | 04.07.25
Federal Judge Tosses Nursing Home Staffing Rule As Trump Admin Defends It In Court Filing
Representative Matters
- Conducted a qui tam investigation into a non-profit FQHC regarding False Claim Act allegations involving accounting for threshold visits.
- Conducted a qui tam investigation into a national pharmacy retailer regarding False Claim Act allegations involving partial-fill and restocking issues.
- Conducted a qui tam investigation into a hospital regarding False Claim Act allegations involving split/shared and physician supervision issues.
- Conducted a qui tam investigation into an independent medical group and a pharmacy regarding False Claims Act and Stark Law issues involving rehabilitation services and prescriptions.
- Conducted data analytics-driven investigation of MLTC regarding provision of services, retention of improper capitation payments, disenrollment, and compliance issues.
- Conducted data analytics-driven investigation into modifiers used by managed care organization.
- Conducted investigation into nursing homes involving patient neglect, understaffing, and financial fraud issues.
- Negotiated self-disclosure with HHS-OIG, USAO, and hospital group regarding Anti-Kickback Statute and Stark Law issues.
- Represented a multinational financial institution in a joint investigation by the Department of Justice and Securities and Exchange Commission into corruption issues in multiple international markets.
- Conducted an internal investigation for a medical device manufacturer into corruption issues in India.
- Represented a steelmaker in litigation through trial and a successful appeal regarding the breach of a natural gas transmission agreement.
- Represented a real estate investment firm in litigation against a joint venture partner regarding liquidation distributions.
- Represented a financial services company in a FINRA arbitration regarding customers trading options on futures contracts.
Spencer's Insights
Client Alert | 3 min read | 05.16.25
Trump Administration Pauses Enforcement of the MHPAEA Final Rule
The Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Tri-Agencies”) have signaled that changes may be coming to the Mental Health Parity and Addiction Equity Act (“MHPAEA”) Final Rule issued on September 8, 2024. On May 9, 2025, the Tri-Agencies filed a Motion for Abeyance in a lawsuit brought by the ERISA Industry Committee (“ERIC”) challenging the 2024 final MHPAEA regulations in the United States District Court for the District of Columbia.[1] The Motion, which was granted by the Court, indicated that the Tri-Agencies intend to “reconsider” the Final Rule, including “whether to issue a notice of proposed rulemaking rescinding or modifying the Final Rule.” Yesterday, on May 15, 2025, the Tri-Agencies issued a notice of non-enforcement stating that they “will not enforce the 2024 Final Rule or otherwise pursue enforcement actions, based on a failure to comply that occurs prior to a final decision in the litigation, plus an additional 18 months.”
Blog Post | 04.29.25
Seventh Circuit Clarifies Limits on Advertising Payments under the AKS
Press Coverage | 04.07.25
Federal Judge Tosses Nursing Home Staffing Rule As Trump Admin Defends It In Court Filing
Insights
Tri-Agencies Finalize NQTL Comparative Analysis Standards In Final Rule
|12.23.24
Employee Benefit Plan Review
The False Claims Act: Compliance issues in US government procurement and healthcare
|08.07.24
Global Investigations Review
“Affirmative Action in the Law School at the University of Michigan: 1964-1972,” Michigan Journal of History, Winter
|2004
“Hedge Fund Report,” Paul Hastings Client Alert, Enforcement Section, Fall and Spring reports
|2012 - 2015
“New Extraction Payment Rule Requires Thoughtful Strategy,” Law360
|07/07/2016
“The Impact of Constitutional Liability and Private Contracting on Health Care Services for Immigrants in Civil Detention,” Georgetown Immigration Journal, Spring
|2011
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04.07.25
Skilled Nursing News
Federal Judge Tosses Nursing Home Staffing Rule As Trump Admin Defends It In Court Filing
|04.07.25
Skilled Nursing News
On Five-Year Anniversary Of COVID’s Deadly US Start, Skilled Nursing Still Working Toward A ‘Reset’
|03.04.25
McKnight’s Long-Term Care News
New Federal Initiatives Increase Criminal Enforcement Concerns For Nursing Homes
|01.03.24
McKnights Long-Term Care News
Seventh Circuit Clarifies Limits on Advertising Payments under the AKS
|04.29.25
Crowell & Moring’s Health Law Blog
Stringent Requirements for Pleading Fraud Under Rule 9(b).
|11.05.24
Crowell & Moring’s Health Law Blog
General Allegations Without Representative Examples Are Insufficient to Survive a Motion to Dismiss
|11.01.24
Crowell & Moring’s Health Law Blog
The Anatomy of a Failed Qui Tam Case: Lessons from U.S v. Radiation Therapy Services
|10.09.24
Crowell & Moring’s Health Law Blog
- |
10.01.24
Crowell & Moring’s Health Law Blog
How Much (Information) Is Too Much? Caselaw Shines a Light on Avoiding Privilege Waiver.
|09.30.24
Crowell & Moring’s Health Law Blog
The Intricacies of Qui Tam Actions and the Role of Government Dismissals
|09.03.24
Crowell & Moring’s Health Law Blog
Navigating the Attorney-Client Privilege Waiver Tightrope
|07.22.24
Crowell & Moring’s Health Law Blog
Settling False Claims Act Cases Involves More than Just Cutting a Check to DOJ
|06.17.24
Crowell & Moring’s Health Law Blog
Encouraging Signs that DOJ May Finally Be Using Its Dismissal Authority
|03.21.24
Crowell & Moring’s Health Law Blog
Spencer's Insights
Client Alert | 3 min read | 05.16.25
Trump Administration Pauses Enforcement of the MHPAEA Final Rule
The Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Tri-Agencies”) have signaled that changes may be coming to the Mental Health Parity and Addiction Equity Act (“MHPAEA”) Final Rule issued on September 8, 2024. On May 9, 2025, the Tri-Agencies filed a Motion for Abeyance in a lawsuit brought by the ERISA Industry Committee (“ERIC”) challenging the 2024 final MHPAEA regulations in the United States District Court for the District of Columbia.[1] The Motion, which was granted by the Court, indicated that the Tri-Agencies intend to “reconsider” the Final Rule, including “whether to issue a notice of proposed rulemaking rescinding or modifying the Final Rule.” Yesterday, on May 15, 2025, the Tri-Agencies issued a notice of non-enforcement stating that they “will not enforce the 2024 Final Rule or otherwise pursue enforcement actions, based on a failure to comply that occurs prior to a final decision in the litigation, plus an additional 18 months.”
Blog Post | 04.29.25
Seventh Circuit Clarifies Limits on Advertising Payments under the AKS
Press Coverage | 04.07.25
Federal Judge Tosses Nursing Home Staffing Rule As Trump Admin Defends It In Court Filing