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Biography
Chris's principal area of practice is in the health industry, with a focus on Medicare and Medicaid reimbursement litigation and compliance. Chris regularly represents hospitals in reimbursement matters before the Provider Reimbursement Review Board and in the Federal courts.
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Representative
Experience
- Represented 27 hospitals in a successful federal district court action to compel HHS to reopen prior DSH payment determinations to include eligible-but-unpaid Medicaid days; In Re Medicare Reimbursement Litigation, Baystate Health System v. Thompson, 309 F.Supp.2d 89, 99 (D.D.C. 2004); this case, currently on appeal to the D.C. Circuit, is the lead case among several consolidated suits involving more than 600 hospitals and more than 2,000 fiscal years
- Successful representation of a hospital association and its non-profit members in a federal suit to recover Medicaid disproportionate share hospital payments, plus interest and some attorney fees; District of Columbia Hospital Association v. District of Columbia, 224 F.3d 776 (D.C. Cir 2000)
- Represented several teaching hospitals in successful appeals challenging Medicare's graduate medical education payments, including a recent Federal court reversing the determination of a hospital's base-year average per resident amount; Inova Health System Foundation v. Thompson, Civ. Action No. 00-1862 (D.D.C. Aug. 15, 2002)
- Represented more than 100 skilled nursing facilities in several appeals successfully overturning Medicare disallowances of allegedly excessive costs incurred for therapy services furnished under arrangements with outside contractors; see, e.g., GranCare, Inc. v. Shalala, 93 F.Supp.2d 24 (D.D.C. 2000) and Eagle Healthcare, Inc. v. Shalala, 52 F.Supp.2d 1 (D.D.C. 1999)
- Represented a rehabilitation hospital in a Federal court suit culminating in settlement requiring Medicare to pay the entire amount in controversy in an appeal that had been dismissed by the Provider Reimbursement Review Board as untimely filed more than 30 months after the expiration of the statutory appeal period
- Represented a rehabilitation agency in a Federal court suit resulting in a settlement requiring Medicare to reimburse the full amount of lower-of-cost charges carryover, plus interest, that had been denied due to an intervening change of ownership
- Represented several home health agencies in successful appeals overturning Medicare disallowances of management fees paid to a franchiser; see, e.g. Interim Healthcare of New Haven v. Blue Cross Blue Shield Association/Associated Hospital Services of Maine [1999-2 Transfer Binder] Medicare & Medicaid Guide (CCH) ¶ 80, 341
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Activities and Affiliations
- Listed: The Best Lawyers in America in health care law, 2005-2006; Nightingale's Healthcare News as one of 12 outstanding healthcare litigators in 2004; Nightingale's Healthcare News as one of 12 outstanding young healthcare lawyers in 2003
- Member: Healthcare Financial Management Association, Washington Metropolitan chapter; American Health Lawyers Association; American Bar Association; Medicare Reporter, Advisory Board, Bureau of National Affairs
- Author: Ongoing quarterly Medicare/Medicaid column for Healthcare Financial Management Journal
- Speaker: Frequent speaker on Medicare and Medicaid payment issues at national conferences
- Recipient: 2004/2005 HFMA Best Article Award for outstanding contributions to the professional literature in Healthcare Financial Management
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Education and Professional Background
- Franklin & Marshall College, B.A. in economics, 1987
- George Washington National Law Center, J.D., 1991 (Notes Editor, The George Washington Law Review, 1990-1991; Dean's Fellow, 1990-1991)
- Judicial clerkship in the District Court for the District of Columbia, 1991
- Admitted to practice: Maryland, 1991; District of Columbia, 1993; United States Supreme Court; U.S. Court of Appeals for the District of Columbia and Third Circuits; U.S. District Courts for the District of Columbia and Central District of Illinois
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