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

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


Recent Highlights, News & Knowledge

The Best Lawyers in America 2022 Recognizes 53 Crowell & Moring Attorneys, One Selected as Lawyer of the Year

(Aug.19.2021)
Firm News / Announcement
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. (May.20.2021) Firm News / Announcement
"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Administrative Law Alert (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn, Kate Beale Client Alert / Newsletter
"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. Speech/Presentation
"President Biden Signs American Rescue Plan Act of 2021, sets in motion historic expansions of the ACA, Medicaid and other important health policy related changes among sweeping pandemic relief provisions," Administrative Law Alert (March 12, 2021). Contacts: Troy A. Barsky, James G. Flood, Christopher Flynn, Paul Mourning, Roma Sharma, W. Scott Douglas, Stacie Heller, Tim Shadyac Client Alert / Newsletter
"CMS Completes Sprint to Modernize the Stark Law-Part III," AHLA (March 1, 2021). Author: Troy A. Barsky. Publication
"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 Client Alert / Newsletter
"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. Speech/Presentation
"CMS Completes Sprint to Modernize Stark Law—Part II," AHLA Connections (February 1, 2021). Authors: Troy A. Barsky and Roma Sharma. Publication
"Biden Day Seven – President Biden Takes Executive Action to Strengthen the Affordable Care Act and Other Healthcare Programs," Biden 2021 Series (January 28, 2021). Contacts: Troy A. Barsky, James G. Flood, W. Scott Douglas, Stacie Heller, Tim Shadyac Client Alert / Newsletter