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Overview | Scope of Practice | Relationships | Breadth of Experience
Overview
Vinson & Elkins has one of the largest health care legal practices in the United States. Many of our lawyers are recognized nationally as preeminent in their fields of law. In addition to the lawyers who specialize in public policy and health law matters, all of Vinson & Elkins’ capabilities can, if desirable, be marshaled for the benefit of clients in health care matters. The Health Public Policy Group is comprised of a subset of lawyers from the firm’s Health Industry Group working in concert with the firm’s Austin-based Public Policy Group. The Health Public Policy Group lawyers are located in the firm’s Houston, Austin, Dallas and Washington offices to support state and federal health law issues as they may arise.
Scope of Practice
The Health Public Policy Group practices out of four of the firm’s twelve offices. During the Texas legislature, however, the firm’s Austin office serves as the base of operations for state health law issues, whereas, the Washington office continuously serves as the base of operations for federal health law issues.
Vinson & Elkins has been involved in the Texas legislative process and has represented clients in legislative, regulatory and administrative matters for many years.
Collectively, the members of the Health Public Policy Group represent several decades of legislative, government and lobbying experience. With the years of lobby experience that lawyers in our Public Policy Group, lead by Joe Bill Watkins, bring to the table coupled with the extensive health and regulatory experience of lawyers in our health industry group, Vinson & Elkins’ Health Public Policy Group offers clients a team of experienced lawyers unmatched by other firms. From our work experience we have learned the culture of state government agencies and how they operate in crucial areas such as policy development, rulemaking and budgeting. Our Health Public Policy Group members have considerable experience as staff members for prominent legislators. In that capacity, each learned the intricacies of the legislative and political process, gaining knowledge which can only be gained through hands-on experience and which is absolutely critical to the success of any legislative effort. Two of our members have been involved in statewide races in fundraising and grass roots campaigning. On the federal level, Larry A. Oday was the principal author of the Prospective Payment System while serving as the Director of the Bureau of Eligibility, Reimbursement, and Coverage of the Health and Human Services Department. Larry’s unique knowledge of the Centers for Medicare and Medicaid Services (“CMS”) and the Medicare program are invaluable assets to clients desiring to challenge the existing regulatory framework or fight for additional funding.
We have a broad, well-established network of political contacts at all levels, including relationships with state elected officials, state agency officers, top management, legislators and their staff, representatives of trade associations, and other lobbyists, which we cultivate as a way to be more effective and to keep our clients up-to-date. We are dues-paying members of the Texas Association of Business and Chambers of Commerce and the Texas Taxpayers and Research Association, two well-represented statewide organizations that represent Texas businesses, including those involved in health care. We maintain an associate membership in the Texas Hospital Association and have developed strong relationships with the Texas Hospital Association, Texas Medical Association, Children’s Hospital Association of Texas and Texas Association of Health Plans.
We support the political process through: (1) participation in events sponsored by the National Conference of State Legislatures (“NCSL”) and the American Legislative Exchange Council (“ALEC”), where Texas legislators flesh out public policy issues with legislators from the other forty-nine states; (2) sponsorship of political fund-raisers and contributions to candidates and incumbents at all levels of government.
Vinson & Elkins lawyers are often called on by legislative leaders and state regulators as experts. For example, during the 1995 legislative session, we participated in high-level negotiations over changes in the Deceptive Trade Practices Act. Lawyers in our Health Industry Group are renowned experts on federal and state medical privacy issues. We were hired by a consortium of health care entities to monitor and comment on privacy initiatives during the 77th legislative session. We have also worked on behalf of the children’s hospitals regarding CHIP funding concerns and Medicaid issues. Several lawyers in our firm are recognized as authors of landmark legislation in such areas as water districts and tax incremental financing.
The Health Public Policy Group uses its skill and experience to develop unique approaches and solutions to issues with political and legislative implications. Drawing on years of public policy insight, Joe Bill Watkins is skilled at helping craft such solutions. Coupled with the combined experience of John David Epstein, Gary W. Eiland, Dennis M. Barry, Larry A. Oday, and Elizabeth N. Rogers in representing many health care organizations, the team is uniquely attuned to the multitude of special challenges that face the health care industry today.
Our clients have diverse interests, ranging from securities regulation to the production of public school textbooks. We have represented trade associations, multi-national corporations, small companies, medical entities, non-profit corporations and special purpose taxing districts. We often represent clients in concert with other lobbyists or groups of lobbyists that share our clients’ objectives.
Even though the Texas Legislature meets every other year, the complexity and number of issues of concern to the public keep the Legislature continually active, even when it is not officially in session. We encourage our clients to become involved early on in the process (i.e., during the interim period between sessions). Our group remains intricately involved year round with legislative activity by actively monitoring and participating in interim committee hearings, deliberations and studies, sponsoring and attending political fund-raisers and participating in conferences and seminars related to our client's interests.
Relationships
As the legislature, ultimately, is a body of people, strong positive relationships are fundamental to our success. Over the course of decades, Vinson & Elkins, through the efforts of Joe Bill Watkins and others working with the Health Public Policy Group, has forged a number of solid-working relationships with key lawmakers and legislative staff of both parties. These seasoned relationships enable the Health Public Policy Group to assess the pulse of the session and achieve an awareness of significant legislative developments—often before they are put on paper or placed before a committee.
The Heath Policy Group uses the specialized knowledge and experience of some of the country’s top public policy and health care lawyers in developing strategic plans tailored to specific legislative goals. Add to this a complementary support staff of skilled professionals and you have a dynamic group of public policy and health care professionals who can marshal the resources necessary for an effective, result-oriented, and successful legislative strategy.
Breadth of Experience
The following summarizes some of the group’s practice and experience. Results depend on the facts of each case.
Federal Initiatives: - Successfully obtained additional Medicare reimbursement for clients through legislative and regulatory initiatives over the years, including adding language beneficial to our clients in the Medicare Modernization Act (“MMA”).
- Successfully obtained addition of new DRGs for implantation of left ventricular assist devices (“LVAD”) and drug-eluting stents and increases in the relative weights for both new technologies.
- Represented health care provider in creating a new DRG for cardiac procedures.
- Represented health care provider in obtaining exception to the ESRD composite rate requirements.
- Successfully worked with clients in obtaining certain line-item funding in federal appropriations legislation.
State Initiatives: - Representing a publicly-traded company in connection with the competitive bidding process for the Medicaid managed care and CHIP programs
- Represented a consortium of clients in connection with privacy legislation during the 2001 and 2003 Texas legislative sessions, interim task force and committee hearings and rulemaking initiatives at the Texas Department of Insurance.
- Monitor and provide invited testimony and client advocacy in both state legislative and on-going rulemaking initiatives with respect to managed care issues.
- Participated as invited stakeholder in development of Texas Attorney General implementation procedures governing physician joint negotiations under Chapter 29 of the Insurance Code enacted by the 1999 Texas Legislature.
- Appointed by the Commissioner of Insurance in 1998 to the Texas Department of Insurance Financial Incentives Task Force to study and make recommendations regarding guidelines for financial incentive arrangements between managed care entities and physicians and physician groups.
- Represented an academic medical center consisting of 9 academic institutions, 6 health institutions, 4 medical schools, 2 dental schools, and 7 nursing schools regarding incorporating a physician exemption into the Texas Department of Insurance’s rules for monitoring relationships between ANHCs and HMOs.
- Represented a large pediatric provider in challenging payment practices of Medicaid managed care organizations.
- Represented a major children’s hospital provider-sponsored HMO, which sought CHIP premium increases while identifying an impending shortfall in the program. The firm was hired to obtain the increase in funding for CHIP and to identify potential solutions late in the session. We were successful on behalf of the client both in obtaining additional funding for the program, and in negotiating a rate that sustained the HMO and hospital system through the interim.
- Represented a statewide healthcare association regarding issues specific to pediatric institutions.
- Represented a manufacturer of generic drugs before the legislature and the Texas State Board of Pharmacy in connection with issues regarding the safety and effectiveness of a generic drug compared to a brand drug. Ultimately there was an agreement to leave resolution of the issue in the hands of the Texas State Board of Pharmacy, an outcome supported by our client. Key legislators supported the client’s position before the pharmacy board. We continue to represent the client on the issue of drug costs before the Texas Legislature’s interim committees.
- Represented a national hospital corporation in negotiations with the Office of the Texas Comptroller of Public Accounts for a multi-million dollar refund.
- Represented a national textbook publishing association during the re-write of the Texas Education Code, which included a comprehensive revision of the State’s selection and purchase of public school textbooks. We continue to represent this organization before the Texas State Board of Education in relation to development of new textbooks in selected subject areas and in the acquisition process, which amounts to $520 million annually.
- Represented a major railroad that opposed the consolidation of Union Pacific Railroad and Southern Pacific Railroad. We successfully lobbied members of the Railroad Commission of Texas and other elected officials and groups to take a position against the merger.
- Represented a major defense company in Texas seeking clarification on a tax exemption which had cost the company thousands of dollars in litigation expenses. Future tax savings for the company were predicted to save the company one million dollars per year.
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