Represents multihospital health care systems, leading cancer centers, academic medical centers, device manufacturers and health technology companies.
Head of the health care and life sciences section and member of the regulatory practice steering committee.

John’s practice includes counseling, compliance, reimbursement and litigation regarding Medicare and Medicaid regulatory and policy matters. He advises hospitals, device manufacturers and other health industry entities on the numerous regulatory and policy issues that they face in their daily operations, including:

A wide range of complex reimbursement and compliance issues, including an extensive practice in federal court and before administrative tribunals, including the Department of Health and Human Services’ (HHS) Provider Reimbursement Review Board (PRRB).
Legislative and regulatory policy analysis and advocacy.
Potential fraud and abuse and overpayment matters and disclosures.
Federal investigations.
Due diligence and strategic analysis associated with health care and life sciences transactions and business arrangements.
Hardship applications and appeals related to the failure to attest to meeting the meaningful use of electronic health records and required quality reporting standards.

Representative Work

One of four court-appointed Plaintiffs’ Coordinating Counsel (PCC) and lead negotiator of the settlement of the In Re Medicare Reimbursement Litigation, a consolidated litigation that included nearly 300 cases and nearly 700 hospitals challenging their Medicare disproportionate share hospital (DSH) payments. The parties eventually reached a historic settlement with the Medicare program and were paid more than $666 million in overdue Medicare payments—at the time, the single largest reimbursement settlement in the history of the Medicare program.
Representing a major Prospective Payment System-exempt dedicated cancer center with successfully resolving Tax Equity and Fiscal Responsibility Act (TEFRA) adjustment requests before the Medicare Administrative Contractor (MAC) and Centers for Medicare & Medicaid services and with appeals before the PRRB.
Providing strategic guidance and compliance counsel to a dedicated cancer center, including innovative ideas for advancement, collaboration and expansion of the center’s mission.
Assisting national physical and occupational therapy clinic provider obtain a Certificate of Need from the District of Columbia Department of Health.
Providing compliance counsel and strategic guidance to a groundbreaking manufacturer that produces single-use, pre-filled plastic injectors that are expected to help the US and the world move beyond the COVID-19 pandemic.

Representing a market-leading device manufacturer with Medicare, privacy and other compliance issues.
Representing a large device manufacturer with response and interviews associated with civil and criminal investigations into the practices of a contracted doctor.
Providing due diligence and corporate counsel to a device manufacturer in the acquisition and integration of another entity.
Provided health regulatory transactional and due diligence services to a multistrategy private investment firm associated with a $550 million credit agreement to a provider entity.
Represented numerous university hospital systems in Medicare reimbursement disputes before the Provider Reimbursement Review Board and federal courts.
Representing a major academic medical center in preparing a hardship application and securing an extraordinarily rare reversal of the government’s disallowance of millions in future Medicare payments based on a finding that the hospital did not timely attest to having met the meaningful use of electronic health records standards.
Representing a number of providers in appeals regarding the alleged failure to timely and completely meet HHS’s quality reporting requirements.
Providing compliance and privacy counsel to the nation’s largest e-prescription network.
Representing a leading patient engagement solutions company with compliance, transactional, privacy, employment and government contract counsel.

"John is excellent at understanding the most complex issues, identifying the practical matters related thereto and explaining them, including their consequences, in terms everyone understands."

Chambers USA, 2023

Education
J.D., American University, Washington College of Law, cum laude, 1993
A.B., Colgate University, 1988

Bar Admissions
District of Columbia
Maryland

Recognitions

Chambers USA, Health Care, 2008-2024.
Super Lawyers, Health Care, 2012-2023.

Affiliations and Public Service

Member, Immediate Past President, Board of Directors, Washington Legal Clinic for the Homeless.
Member, Board of Directors, Education Reimagined.
Member, Leadership Council and Founders Circle, Convergence Center for Policy Resolution.
Member, Health Law and Policy Program Advisory Council, American University, Washington College of Law.
Member, Leadership Greater Washington Class of 2018.
Past Chair, District of Columbia Bar Committee on Nominations.
Member, American Health Lawyers Association.
Member, Health Law Section, D.C. Bar Association.

Speeches and Publications

CreditSpeak: Private Credit and Direct Lending in Health Care Transactions, Akin webinar, June 23, 2022
“Improving Health Care Through Advanced Mobility Technologies,” Akin hosted program, September 14, 2022.
“A Health-y Environment: Avoiding Environmental Liability at Health Care Facilities,” Akin webinar, September 28, 2017.