Spencer Bruck

Overview

Spencer Bruck is counsel in Crowell & Moring’s Health Care group where he represents clients in litigation, fraud and abuse, and compliance matters. He recently joined the firm from the Office of the New York State Attorney General where he led civil health care fraud and qui tam investigations involving managed care organizations, pharmaceutical companies, national pharmacies chains, hospital groups, nursing homes, independent medical groups, and other providers.

These investigations arose under the False Claims Act, Anti-Kickback Statute, Stark Law, the New York State Executive and Social Services laws, and managed care contracts. As part of his investigations, Spencer regularly liaised with CMS, HHS-OIG, DOJ, NYS DOH, NYS OMIG, and the New York State Comptroller. Spencer also negotiated self-disclosures with providers involving the HHS-OIG, the NYS OMIG, and the NYS MFCU protocols.

Spencer’s government experience helps him counsel health care entities on regulatory policy and guidance; represent health care entities responding to government surveys, audits, and investigations; conduct internal investigations or compliance reviews; advise on managed care contracts and reimbursement issues; and assist on administrative applications and matters before regulatory agencies; and represent entities in matters in state and federal courts, and in administrative proceedings.

Spencer also litigates complex commercial disputes federal, state, and arbitral forums with a focus on representing managed care companies.

Career & Education

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New York
Special Assistant Attorney General, 2021-2023
- New York
  Special Assistant Attorney General, 2021-2023
University of Michigan, with distinction
Georgetown University Law Center
- 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
- 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

Blog Post | 03.21.24

Encouraging Signs that DOJ May Finally Be Using Its Dismissal Authority

Blog Post | 03.19.24
Significant Implications for FCA Defendants: Second Circuit Clarifies “Willfulness” in McKesson Decision
Speaking Engagement | 02.27.24
"Surveying the Enforcement Landscape Facing Owners and Operators of SNFs," AHLA's Long Term and Post-Acute Care Law and Compliance Conference, San Diego, CA
Event | 02.26.24 - 02.28.24
AHLA's Long Term and Post-Acute Care Law and Compliance Conference

View All Insights

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.