Joe Records is a counsel in the firm's Washington, D.C. office, where he practices in the Health Care Group. Joe's practice includes counseling and representing clients on a broad array of regulatory matters, frequently dealing with federal health care programs, health reform, and state regulation of payers and providers. In particular, Joe has advanced clients' interests by developing legislative and regulatory health care proposals at the federal and state levels and has helped clients evaluate the impact on their business of other proposals. He has also worked with clients to respond to federal audits, including under federal health care programs, and assisted in structuring transactions to comply with state and federal law.
Prior to joining Crowell & Moring, Joe worked at the U.S. Office of Personnel Management (OPM), primarily on issues involving the establishment of the Multi-State Plan Program, the Federal Employees Health Benefits Program (FEHBP), and other federal employee benefits issues. Joe has also worked at HHS's Center for Consumer Information and Insurance Oversight (CCIIO) on implementation of the Affordable Care Act, including through coordination with the Departments of Labor and the Treasury. His experience with the Affordable Care Act and the regulatory processes through which it has been implemented has made Joe an asset to group health plans and health insurance issuers as they continue to navigate uncertain terrain.
Affiliations
Admitted to practice: District of Columbia, Maryland
Speeches & Presentations
Publications
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"HHS Finalizes Health Plan Price Transparency Rule," Crowell & Moring’s Health Law Blog
(November 23, 2020).
Authors: Joe Records and Michelle Chipetine.
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"Tenth Circuit Upholds HHS Risk Adjustment Methodology," Crowell & Moring's Health Law Blog
(January 14, 2020).
Authors: Joe Records and Alice Hall-Partyka.
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"States Take Action in Anticipation of Possible ACA Unconstitutional Ruling," Crowell & Moring's Health Law Blog
(November 7, 2019).
Authors: Joe Records and Grace Fleming.
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"MA/PDP Star Ratings: Proposed Technical Changes for 2020," Crowell & Moring's Health Law Blog
(November 8, 2018).
Authors: A. Xavier Baker, Barbara H. Ryland, Joe Records and Payal Nanavati.
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"GAO and CMS Seek Increased Scrutiny on Medicaid Managed Care Organizations," Crowell & Moring's Health Law Blog
(October 2, 2018).
Authors: Joe Records and Alice Hall-Partyka.
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"Iowa Enacts Legislation to Broaden Access to Association Health Plans," Crowell & Moring's Health Law Blog
(April 9, 2018).
Authors: A. Xavier Baker and Joe Records.
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"Federal Employees Health Benefits Program 2018 Carrier Conference Highlights," Crowell & Moring's Health Law Blog
(March 26, 2018).
Authors: Christine M. Clements and Joe Records.
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"Supreme Court: FEHBA Preempts State Subrogation Prohibitions," Crowell & Moring's Health Law Blog
(April 25, 2017).
Authors: Christine M. Clements, A. Xavier Baker and Joe Records.
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"CMS Delays Implementation of Episode Payment Models (EPMs)" Crowell & Moring's Health Law Blog
(March 24, 2017).
Authors: Troy A. Barsky and Joseph Records.
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Court Delays Action on Appeal of ACA Subsidies Case
(December 19, 2016).
Authors: Christopher Flynn, Joseph Miller, A. Xavier Baker, and Joseph Records.
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"GAO Finds HHS Exceeded Authority in Implementation of Transitional Reinsurance Program," Crowell & Moring's Health Law Blog
(October 12, 2016).
Authors: Joseph Records and Christine M. Clements.
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"OPM Finalizes Regulations Implementing Self Plus One Enrollment Type for FEHBP and Addresses Carriers' Cost Concerns," Crowell & Moring's Health Law Blog
(October 19, 2015).
Author: Joe Records.
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"CMS Letter to Insurance Commissioners Signals Market Stabilization," Crowell & Moring's Health Law Blog
(August 3, 2015).
Author: Joe Records.
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"Departments Reverse Course on Implementation of Affordable Care Act Provider Contracting Provision," Crowell & Moring's Health Law Blog
(July 20, 2015).
Author: Joe Records.
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"CMS Proposed Rule Implements Mental-Health Parity Requirements for Medicaid Managed Care and CHIP Plans," Crowell & Moring's Health Law Blog
(May 1, 2015).
Authors: Joel D. Wood, David Didier Johnson, Chris Cadena, and Joe Records.
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"Changes to Mental Health Parity Regulations," AHLA Connections
(January 2015).
Author: Joe Records.
Client Alerts & Newsletters
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"Payers, Providers, and Patients – Oh My!: Crowell Health Solutions Mini-Series Part 1 - The Intersection of Technology and Value-Based Care,"
Podcast: Payers, Providers, and Patients – Oh My!
(April 25, 2022).
Contacts: Payal Nanavati, Joe Records, Troy A. Barsky
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"Mental Health Parity: What's Next for Plans and Issuers?,"
Health Care Alert
(April 18, 2022).
Contacts: Christopher Flynn, James G. Flood, Janet C. Walker, Joe Records, William Tucker
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"Payers, Providers, and Patients – Oh My!: What to Expect in Health Care Transactions in 2022,"
Podcast: Payers, Providers, and Patients – Oh My!
(March 28, 2022).
Contacts: Payal Nanavati, Joe Records, Kathryn Lynn Raffensperger, Todd D. Rosenberg, Alexis J. Gilman
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"Payers, Providers, and Patients – Oh My!: What Health Care Companies Should Know about Developments in FCA Litigation,"
Podcast: Payers, Providers, and Patients – Oh My!
(February 28, 2022).
Contacts: Payal Nanavati, Joe Records, Matthew Vicinanzo
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"Federal Regulators Release 2022 MHPAEA Annual Report,"
Health Care Alert
(January 26, 2022).
Contacts: Christopher Flynn, Jennifer S. Romano, Michael W. Lieberman, Paul Mourning, Lauren R. Nunez, Joe Records
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"Payers, Providers, and Patients – Oh My!: Reflecting on the First Year of the 2020 Stark & AKS Regulations,"
Podcast: Payers, Providers, and Patients – Oh My!
(January 14, 2022).
Contacts: Payal Nanavati, Joe Records, Troy A. Barsky, Roma Sharma
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"Payers, Providers, and Patients – Oh My!: The New World of Health Data Interoperability,"
Podcast: Payers, Providers, and Patients – Oh My!
(December 8, 2021).
Contacts: Payal Nanavati, Joe Records, Jodi G. Daniel, Savanna Williams
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"Payers, Providers, and Patients – Oh My!: How Health Plans Can Address Social Determinants of Health,"
Health Care Alert
(November 23, 2021).
Contacts: Payal Nanavati, Joe Records, Janet C. Walker
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"Payers, Providers, and Patients – Oh My!: Business and Clinical Considerations for the Ketamine Industry,"
Podcast: Payers, Providers, and Patients – Oh My!
(October 25, 2021).
Contacts: Payal Nanavati, Joe Records, Lidia Niecko-Najjum, John T. Brennan Jr.
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"Payers, Providers, and Patients – Oh My!: Recent Mental Health Parity Enforcement Activities,"
Podcast: Payers, Providers, and Patients – Oh My!
(September 22, 2021).
Contacts: Payal Nanavati, Joe Records
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"Affordable Care Act Survives Third Supreme Court Challenge,"
Health Care Alert
(June 22, 2021).
Contacts: Stephen J. McBrady, Daniel W. Wolff, Payal Nanavati, Jay DeSanto, Ellie Riegel, Joe Records
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"OIG Issues Final Rule to Update AKS Safe Harbors: Part II,"
Administrative Law Alert
(February 25, 2021).
Contacts: Troy A. Barsky, Jodi G. Daniel, Michael Shaheen, Lidia Niecko-Najjum, Joe Records, Matthew Vicinanzo
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"Payers, Providers, and Patients – Oh My!: The ACA Risk Corridors Case,"
Podcast: Payers, Providers, and Patients – Oh My!
(February 22, 2021).
Contacts: Stephen J. McBrady, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Data Analytics and FCA Investigations,"
Health Care Alert
(January 21, 2021).
Contacts: Michael Shaheen, Joe Records, Payal Nanavati
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"COVID Relief and Appropriations Legislation Includes Mental Health Parity Compliance and Oversight Requirements,"
Health Care Alert
(December 23, 2020).
Contacts: Michael W. Lieberman, Lauren R. Nunez, Joe Records
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"Payers, Providers, and Patients – Oh My!: Rating in the Time of COVID,"
Podcast: Payers, Providers, and Patients – Oh My!
(December 10, 2020).
Contacts: Joe Records, Payal Nanavati
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"States Strengthen Mental Health Parity Protections,"
Health Care Alert
(December 1, 2020).
Contacts: Joe Records, Christopher Flynn, Gary Baldwin
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"Payers, Providers, and Patients – Oh My!: ERISA Preemption of State PBM Regulation,"
Podcast: Payers, Providers, and Patients – Oh My!
(August 3, 2020).
Contacts: Todd D. Rosenberg, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My! - Bostock and HHS’s Nondiscrimination Regulations,"
Podcast: Payers, Providers, and Patients – Oh My!
(June 29, 2020).
Contacts: Joe Records, Payal Nanavati
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"Trump Administration Scales Back Obama-era Healthcare Nondiscrimination Regulations,"
Health Care Alert
(June 16, 2020).
Contact: Joe Records
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"Payers, Providers, and Patients – Oh My! - Who CARES: The Provider Relief Fund and Other CARES Act Provisions,"
Health Care Alert
(June 4, 2020).
Contacts: Joe Records, Payal Nanavati, Matthew Vicinanzo
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"Payers, Providers, and Patients – Oh My!: What Providers Should Know about COVID-19 (Part 2 – Federal and State Guidance),"
Podcast: Payers, Providers, and Patients – Oh My!
(March 27, 2020).
Contacts: Brian McGovern, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: What Providers Should Know about COVID-19 (Part 1 – Labor and Employment Issues),"
Podcast: Payers, Providers, and Patients – Oh My!
(March 26, 2020).
Contacts: Eric Su, Joe Records, Payal Nanavati
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"HHS Lifts Major Barriers to Telehealth to Help Reduce the Spread of COVID-19,"
Health Care Alert
(March 20, 2020).
Contacts: Troy A. Barsky, Jodi G. Daniel, Barbara H. Ryland, Joe Records, Roma Sharma, Michelle Chipetine
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"Payers, Providers, and Patients – Oh My!: Medical Loss Ratios (Part 2),"
Podcast: Payers, Providers, and Patients – Oh My!
(March 18, 2020).
Contacts: Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Medical Loss Ratios (Part 1),"
Podcast: Payers, Providers, and Patients – Oh My!
(February 25, 2020).
Contacts: Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Digital Health Innovation,"
Podcast: Payers, Providers, and Patients – Oh My!
(January 14, 2020).
Contacts: Jodi G. Daniel, Robert Holleyman, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Multi-State Plan Program,"
Podcast: Payers, Providers, and Patients – Oh My!
(December 12, 2019).
Contacts: Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Pharmacy Benefit Managers,"
Podcast: Payers, Providers, and Patients – Oh My!
(November 13, 2019).
Contacts: Todd D. Rosenberg, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: FDA Digital Health Guidance,"
Podcast: Payers, Providers, and Patients – Oh My!
(October 23, 2019).
Contacts: Jodi G. Daniel, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Medicare Advantage Supplemental Benefits,"
Podcast: Payers, Providers, and Patients – Oh My!
(October 10, 2019).
Contacts: Barbara H. Ryland, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Removal under ERISA,"
Podcast: Payers, Providers, and Patients – Oh My!
(September 11, 2019).
Contacts: Joe Records, Rochelle-Leigh Rosenberg, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Some Potential Impacts of Legal Challenges to the ACA,"
Podcast: Payers, Providers, and Patients – Oh My!
(August 21, 2019).
Contacts: Troy A. Barsky, Joe Records, Alice Hall-Partyka, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Health Care Compliance Programs,"
Podcast: Payers, Providers, and Patients – Oh My!
(August 7, 2019).
Contacts: Payal Nanavati, Joe Records
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"Payers, Providers, and Patients – Oh My!: Private Equity Investing in Health Care,"
Podcast: Payers, Providers, and Patients – Oh My!
(July 24, 2019).
Contacts: Lex Eley, Joe Records, Payal Nanavati
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"Payers, Providers, and Patients – Oh My!: Fiduciary Duties Under ERISA,"
Podcast: Payers, Providers, and Patients – Oh My!
(July 10, 2019).
Contacts: Payal Nanavati, Joe Records
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"Payers, Providers, and Patients – Oh My!: FCA Dismissals Under the Granston Memo,"
Podcast: Payers, Providers, and Patients – Oh My!
(June 26, 2019).
Contacts: John T. Brennan Jr., Joe Records, Payal Nanavati
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"Open Season: Multi-Agency Report Makes Recommendations to Free the Health Care Sector from Overregulation and Enhance Competition,"
Health Care Alert
(January 10, 2019).
Contacts: Alexis J. Gilman, Brian McGovern, Joe Records
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"CMS Announces and Solicits Comments on Expanded RADV Audit Methodology,"
Health Care Alert
(November 8, 2018).
Contacts: Barbara H. Ryland, Joe Records
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"CMS Releases Updates to the Quality Payment Program,"
(July 17, 2017).
Contacts: Jodi G. Daniel, Troy A. Barsky, Joe Records
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"Analysis of the House Republican Repeal and Replace Bills for the Affordable Care Act,"
Health Care Alert
(March 8, 2017).
Contacts: James G. Flood, Joe Records
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"CMS Releases Final Rules on MACRA Quality Payment Program Implementation for 2017-Onward,"
Health Care Alert
(October 19, 2016).
Contacts: Jodi G. Daniel, Troy A. Barsky, Joe Records
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"Managed Care Lawsuit Watch - August 2016,"
Managed Care Lawsuit Watch
(September 6, 2016).
Contacts: Christopher Flynn, Peter Roan, Lauren R. Nunez, Rochelle-Leigh Rosenberg, Joe Records, Brian C. Lewis
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"Medicare Quality Payment Program: Alternative Payment Models (APMs),"
Health Care Alert
(July 25, 2016).
Contacts: Jodi G. Daniel, Joe Records
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"Managed Care Lawsuit Watch - November 2015,"
Managed Care Lawsuit Watch
(November 4, 2015).
Contacts: Joe Records, Christopher Flynn, Peter Roan
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"Managed Care Lawsuit Watch - June 2015,"
Managed Care Lawsuit Watch
(June 8, 2015).
Contacts: Joe Records, Rochelle-Leigh Rosenberg, Christopher Flynn, Peter Roan
Firm News & Announcements