Stephanie A. Webster Partner swebster@akingump.com Washington, D.C. T +1 202.887.4049 F +1 202.887.4288 Education J.D., University of Virginia School of Law, 1994 B.A., Yale University, cum laude, 1990 Bar Admissions District of Columbia Areas of Experience Health Care and Life Sciences Health Care Reimbursement Health Care Regulatory Compliance Counseling Fraud and Abuse Compliance and Litigation Regulatory Health Care Litigation and Investigations Administrative and Regulatory Litigation Supreme Court and Appellate Litigation North America Practice & Background Stephanie A. Webster s practice focuses on challenging agency action under Medicare, Medicaid and other federal agency programs. She represents hospitals, health systems and other clients in cutting-edge administrative and federal court litigation, and counsels them regarding complex regulatory and compliance issues. Ms. Webster formerly served as an attorney for the Centers for Medicare and Medicaid Services (CMS), Division of the Office of General Counsel for the U.S. Department of Health and Human Services (HHS). She has been recognized as a leading health care lawyer by Law360, Chambers USA and Nightingale s Healthcare News. Ms. Webster is a member of the firm s regulatory practice steering committee. Representative Matters Ms. Webster s recent engagements include: prevailed in a significant appeal affirming the invalidation of a Medicare rule on DSH that fundamentally changed payment calculations without proper notice (Allina Health Services v. 1
Sebelius, 746 F.3d 1102 (D.C. Cir. 2014)) representing hundreds of hospitals as co-counsel (including argument) in lead federal court case challenging 0.2 percent reduction to hospital payment rates made in 2014 in connection with twomidnight rule (Shands v. Burwell, Case No. 14-263 (D.D.C.)) serving as co-counsel in thousands of appeals for more than 700 hospitals in challenges to a Medicare budget neutrality factor accounting for the impact of the wage index rural floor, including the lead case that successfully overturned the government s erroneous methodology and that led to largest ever Medicare litigation settlement (Cape Cod Hospital v. Sebelius, 630 F.3d 203 (D.C. Cir. 2011)) representing large academic medical centers on compliance issues relating to the 340B drug pricing program, including a Congressional investigation leading challenge to new CMS policy that purports to preclude review of the LIP adjustment to Medicare payments for inpatient rehabilitation services challenging error to calculation of wage index for hospitals in Orlando, Florida representing hospitals challenging the exclusion of Tennessee waiver days from the Medicare DSH calculation in the 6th Circuit Court of Appeals serving as co-counsel in litigation challenging the validity of CMS Ruling -1498-R advising and representing clients in Medicare coverage appeals representing hospitals in disputes involving denial of sole community hospital status counseling transplant center in connection with federal investigation of off-label drug prescribing practices representing health system in administrative and federal court challenges to retrospective correction of rehabilitation facility outlier payments advising children s hospitals on Medicaid DSH and supplemental payment questions negotiating a favorable settlement for a large teaching hospital in multiyear appeals challenging the denial of Medicare reimbursement for medical education costs incurred for residents training in primary care settings providing legal and strategic advice to health care providers with Recovery Audit Contractor (RAC) and Medicaid Integrity Contractor (MIC) audit issues and appeals serving as co-counsel in the first cases ever decided by the Provider Reimbursement Review Board (PRRB) and federal district court requiring the correction of systemic errors in the calculation of the Medicare Part A/SSI fractions determining hospital DSH payments (Baystate Medical Center v. Leavitt, 5454 F.Supp.2d 20, amended, 587 F. Supp.2d 37 (D.D.C. March 31, 2008)) obtaining the first decision from the PRRB overturning the exclusion of labor and delivery days from the Medicare DSH payment calculation playing key role in the initial one of 270 federal court actions to compel the reopening of DSH payment determinations for more than 600 hospitals, which included defeating the U.S. Solicitor General s petition for review of a D.C. Circuit decision that created a circuit split on a key Medicare reimbursement question and was alleged by the government to involve $2.8 billion (In Re Medicare Reimbursement Litigation, Baystate Health System, et al. v. Thompson, 309 F.Supp.2d 89 (D.D.C. 2004), aff d, 414 F.3d 7 (D.C. Cir. 2005), cert. denied, 126 S. Ct. 1672 (2006)) securing multimillion dollar settlement for leading academic medical center for GME payments stemming from training of physicians in advanced medical fellowships 2
representing a children s hospital in the first and only proceeding before the PRRB involving payment under the Children s Hospital GME Program. Community Involvement Ms. Webster is active in a number of health care and legal organizations, including: Advisory Council, Jayne Koskinas Ted Giovanis Foundation for Health and Policy American Health Lawyer Association (Chair, Children s Hospital Affinity Group of the In-House Counsel and Teaching Hospital and Academic Medical Center Practice Groups) Healthcare Financial Management Association American Bar Association Women s Bar Association of the District of Columbia. Ms. Webster also serves on the Advisory Board of the Bureau of National Affairs Medicare Report. Awards & Accolades Recognized by The National Law Journal in its 2014 Litigation Trailblazers & Pioneers as one of 50 people who have made a difference in the fight for justice for her outstanding work in representing hospitals in Medicare reimbursement disputes Chambers USA: America s Leading Lawyers for Business in Health Care (2014-2017) Recognized by Washington, D.C. Super Lawyers in the health care practice area (2012-2016) Recognized by Washingtonian magazine as a top lawyer in the category of health care (2013) Law360 MVP (2013 and 2014) for Health Care Outstanding Healthcare Litigators, Nightingale Healthcare News, 2004 CMS Administrator s Award for achievement and dedication in work on the State Children s Health Insurance Program (SCHIP) regulation Outstanding Law Student Award by the National Association of Women Lawyers Willis Ritter Endowed Scholarship (for character, honor and integrity), University of Virginia School of Law. Speaking Engagements PRRB Appeals: Current Challenges, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (March 30, 2017) PRRB Appeals: Current Challenges, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (April 14, 2016) PRRB Appeals: Current Challenges, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (March 26, 2015) PRRB Appeals: New Challenges, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (March 27, 2014) DSH Cuts: How Close to the Bone?, American Health Lawyers Association Practice Group Webinar (October 31, 2013) 3
The 340B Drug Pricing Program, American Health Lawyers Association Practice Group Webinar (June 17, 2013) What Do Walmart, Texas Children s Hospital, and Pro Bono Have in Common? Understanding the Medical-Legal Partnership Model, American Health Lawyers Association Practice Group Roundtable Discussion (June 14, 2013) PRRB Appeals: Making the Process Work for You, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (March 21, 2013) The New PRRB Rules: Tips to Avoid Common Pitfalls, American Health Lawyers Association Institute on Medicare and Medicaid (March 2011, March 2012) Healthcare Reform and the 340B Drug Discount Program: Expanded Eligibility and Expanded Compliance Risks, American Health Lawyers Association Webinar (November 2010) It s Not Child s Play: Special Considerations for Pediatric Medicine and Research, Current Issues Relating to Off-Label use of Drugs and Devices in Children, American Health Lawyers Association Conference on Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions (January 2010) Medicare, Medicaid, and SCHIP Extension Act: What All Lawyers and Their Clients Must Know About the Act Before Settling a Personal Injury Claim, West National Online Conference (November 2009) New Rules Governing PRRB Appeals, Healthcare Financial Management Association National (December 2008) New Rules Governing PRRB Appeals, Healthcare Financial Management Association Puerto Rico Chapter, Healthcare Integration Medicare Update Seminar (August 2008) New PRRB Appeal Rules: Effect on Providers, Healthcare Financial Management Association Audio Webcast (July 2008). Articles October 2013 September 2010 April 2010 January 2010 November 2009 "The New Medicare DSH Payment: What s Baked into the Pie and How It s Sliced" HFM "Providers Rack Up RAC Wins: CMS Reports 64% RAC Appeals Decided in Providers Favor" Dennis Barry s Reimbursement Advisor, Vol. 26, No. 1 "CMS Issues Proposed Reimbursement Changes for Acute-Care Inpatient Hospitals and LTCs for FY 2011" American Health Lawyers Association Alert to Members of Regulation, Accreditation, and Payment Practice Group "New Requirements for Government Reporting of Personal Injury Settlements Gives Teeth to Medicare Secondary Payer Rules Beginning in 2010" American Health Lawyers Association Healthcare Liability and Litigation Practice Group, Health Briefs E-Newsletter "340B Program Presents Opportunities and Challenges" Healthcare Financial Management, Vol. 63, No. 11 4
November 2009 May 2009 April 2009 September 2008 August 2008 June 2008 October 2007 September 2007 March 2006 "2007 SSI Fraction Reduces Medicare DSH Payments for Many Hospitals" Dennis Barry s Reimbursement Advisor, Vol. 25, No. 3 "Location, Location, Location: Medicare Observation Bed Policy" Dennis Barry s Reimbursement Advisor, Vol. 24, No. 9 "Medicare DSH Hospitals and SCHIP Expansion: Providers Should Study SCHIP Program Details" Dennis Barry s Reimbursement Advisor, Vol. 24, No. 8 "D.C. Circuit Decision in Adena: The Unclear Future of Charity Care Days in the Medicare DSH Calculation" Dennis Barry s Reimbursement Advisor, Vol. 24, No. 1 "Grasping Recent Changes to the PRRB Appeal Process" Healthcare Financial Management, Vol. 62, No. 8 "Court Rules in Hospital s Favor in DSH SSI Case" Dennis Barry s Reimbursement Advisory, Vol. 23, No. 10 "Medicare Part C Days: CMS Attempts (Again), To Put Policy Into Practice" Dennis Barry s Reimbursement Advisor, Vol. 23, No. 2 "Why Medicaid GME Funding Should Be Preserved" Healthcare Financial Management, Vol. 61, No. 9 "Teaching Hospitals and Payment for Residents and Fellows; Medical Education Payments" Health Care Financial Management, Vol. 60, No. 3 5
Caroline L. Wolverton Senior Counsel cwolverton@akingump.com Washington, D.C. T +1 202.887.4107 F +1 202.887.4288 Education J.D., Harvard Law School, 1995 B.A., Harvard University, cum laude, 1991 Bar Admissions Colorado District of Columbia Areas of Experience Administrative and Regulatory Litigation Health Care Reimbursement Health Care Litigation and Investigations Health Care and Life Sciences Litigation Export Controls and Economic Sanctions North America Caroline Wolverton focuses her practice on litigation involving federal administrative and regulatory matters, including Medicare and Medicaid reimbursement, and providing counsel on rulemakings and other federal administrative procedures Practice & Background Ms. Wolverton previously served as a senior trial counsel in the Federal Programs Branch of the United States Department of Justice (DOJ), Civil Division where she litigated civil cases of national significance involving regulatory, statutory, constitutional and other challenges on behalf of a diversity of federal agencies, including the departments of Health and Human Services (HHS), the Treasury, Transportation, Education, Defense and State. She also advised the Office of Foreign Assets Control (OFAC) on administration of economic sanctions programs and provided counsel to OFAC and other federal agencies on rulemakings, as well as litigation risk and strategy. While at the DOJ, Ms. Wolverton defended the HHS and the Treasury in litigation challenging implementation of the Affordable Care Act. She defended the HHS against challenges to Medicare rulemakings and against other challenges involving Medicare, as well as challenges involving Medicaid. Ms. Wolverton s work also included defending the Department of Transportation in a regulatory challenge implicating federal 6
preemption, the Department of Education in a high-profile challenge to two significant education reform initiatives under a compressed discovery and pretrial schedule, and the Department of State in discovery in a Freedom of Information Act challenge regarding former Secretary Hillary Clinton s use of a personal email server for State Department business. Prior to her years of service at the DOJ, Ms. Wolverton was an associate at another Washington, D.C. law firm. She also served as a judicial law clerk for the Honorable Edward W. Nottingham in the U.S. District Court for the District of Colorado. Public Service senior trial counsel, Federal Programs Branch, United States Department of Justice (2014-2017) trial attorney, Federal Programs Branch, United States Department of Justice (1997-2005, 2008-2014) judicial law clerk, The Honorable Edward W. Nottingham, United States District Court for the District of Colorado (1995-1997). Awards & Accolades OFAC Director s Award for Partnership DOJ Meritorious Award and Civil Division Commendation Award. 7