Christopher P Kenny (Chris)


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Christopher Kenny

T: +1 202 626 9253
F: +1 202 626 3737

Profile   |   News & Insights

Christopher Kenny is a partner at King & Spalding’s Healthcare Industry Practice Group in Washington, D.C.  Mr. Kenny’s practice consists of providing strategic payment and compliance advice to healthcare providers participating in Medicare, Medicaid, and commercial insurance plans. He has in-depth expertise in the payment systems and regulations that are central to hospital operations: the Medicare provider-based regulation, the Electronic Health Records Incentive Program, the 340B Drug Pricing Program, and innovative payment models including the recent overhaul to physician reimbursement under MACRA, among many others. He is actively counseling clients on the future of the Affordable Care Act in the wake of the 2016 presidential election, and on the payment implications of the many competing “repeal-and-replace” alternatives.

Whatever form it takes, healthcare reform continues to drive integration among hospitals, physicians, ancillary service suppliers, and post-acute care providers. Medicare - and the commercial insurers that follow Medicare policy - primarily rely on payment incentives and penalties to promote this convergence.  Mr. Kenny believes his job is to provide clients with creative, proactive advice as they navigate an ever-changing regulatory environment, and to vigorously defend his clients' position in payment disputes and government investigations that turn on these issues.

Mr. Kenny has deployed his regulatory and reimbursement experience to successfully represent providers and payors in False Claims Act investigations by the United States Department of Justice.  He also represents hospitals in Medicare payment litigation.  He was a principal author of comments identifying flaws in CMS’s inpatient rate calculation as a result of the Two Midnight Rule, ultimately resulting in a victory for providers in the Shands Jacksonville Med. Ctr. v. Burwell case.

He is a member of the Healthcare Financial Management Association and the American Health Lawyers Association, where he regularly speaks on reimbursement and compliance issues. He is the co-editor of the Reimbursement Advisor, the leading national healthcare reimbursement publication, and is the editor of King & Spalding Health Headlines, a weekly newsletter summarizing healthcare law and policy developments.

Recent Presentations

  • King & Spalding 2016 Houston Healthcare Roundtable, November 2016: “The Future of Provider-Based Status after Section 603: What Is Next in Site Neutrality?” (co-presented with Christina McNamara)

  • American Health Lawyers Association Webinar, November 2016: “2016 In Review: Traveling the Road to Value-Based Payment in a Regulatory Enforcement Minefield.” (co-presented with Andrea Ferrari, Rick Hindman, and David Lewis)

  • American Institute of CPAs Healthcare Conference, November 2016: “EHR Developments.”

  • South Carolina Healthcare Financial Management Association Fall Institute, October 2016: “The End of Off-Campus Provider-Based? Congress and CMS Weigh In.”

  • Allied Hospital Associations – Accounting & Financial Specialists (A2HA) Fall Meeting, September 2016: “Medicare Site-Neutral Payments.” (co-presented with Mark Polston)

  • Adaptive Business Leaders Organization – Sacramento Chapter, September 2016: “Positioning to Win with MACRA.” (co-presented with Laurie Harting, Elizabeth McNeil, and David Sayen)

  • King & Spalding Roundtable Program, July 2016: “What’s Left of Off-Campus Provider Based? How CMS Plans to Implement Section 603 of BBA 2015 and Other Features of the 2017 OPPS and Physician Fee Schedule Proposed Rules.” (co-presented with Daniel Hettich, Mark Polston, and Elizabeth Swayne)

  • American Health Lawyers Association Webinar, June 2016: “The Sunset of Off-Campus Provider-Based Locations: The Proposed Rule and Next Steps for Providers” (co-presented with Emily Cook and Melissa Jackson)

  • American Health Lawyers Association Webinar, June 2016: “MACRA-MIPS: How Will the Proposed Regulation Affect Providers?” (co-presented with Gerard Nussbaum and Davis Szabo)

  • Florida Hospital Association 13th Annual Health Care Corporate Compliance Education Retreat, June 2016: “Provider-Based Status Update.” (co-presented with Mark Polston)

  • King & Spalding Roundtable Program, May 2016: “CMS Proposes Massive Changes to Physician Payments and Important Incremental Changes to Inpatient Payments – An Analysis of CMS’s Proposed Rules Implementing MACRA and Updating the FY 2017 IPPS/LTCH Payments Systems.” (co-presented with Daniel Hettich, Mark Polston, and Elizabeth Swayne)

  • Georgia Healthcare Financial Management Association Spring Institute, April 2016: “Provider-Based Status – Regulatory and Enforcement Update” (co-presented with Robert Cross)

  • King & Spalding 25th Annual Health Law and Policy Forum, March 2016: “How Does Medicare Reduce Payments?  Let Us Count the Ways.” (co-presented with Peter Dressel, Daniel Hettich, Mark Polston, and Greg Russo)

Recent Publications

  • “CMS Finalizes Policies on Off-Campus Provider-Based Departments,” Reimbursement Advisor, Vol. 32, No. 3, November 2016

  • “Remote Emergency Departments: What Are the Risks?” Reimbursement Advisor, Vol. 32, No. 3, November 2016

  • “CMS Proposes to Expand Its Overpayment Recoupment Options,” Reimbursement Advisor, Vol. 31, No. 12, August 2016

  • “CMS’s Provider-Based Status Proposals for 2017,” Reimbursement Advisor, Vol. 31, No. 11, July 2016

  • “Physician Supervision in the Inpatient Setting,” Reimbursement Advisor, Vol. 31, No. 8, April 2016

  • “Physician Incident-To Billing and Shared Services,” Reimbursement Advisor, Vol. 31, No. 7, March 2016

  • “Renovations to Prospective Payment System Excluded Units,” Reimbursement Advisor, Vol. 31, No. 5, January 2016

  • “Budget Deal Limits Off-Campus Provider-Based Departments,” Reimbursement Advisor, Vol. 31, No. 3, November 2015

  • “CMS Releases New and Revised Place of Service Codes,” Reimbursement Advisor, Vol. 31, No. 1, September 2015

  • “Hospital Charges: Navigating the Regulatory Landscape,” Reimbursement Advisor, Vol. 30, No. 12, July 2015

  • “CMS’s New Claims Modifiers for Off-Campus Provider-Based Departments,” Reimbursement Advisor, Vol. 30, No. 8, April 2015

  • “Medicare Payment Mechanics for Rural Health Clinics,” Reimbursement Advisor, Vol. 30, No. 5, January 2015

Civic Leadership

  • Saint Sophia Cathedral, Washington, D.C., Board of Trustees (2012-2016)
American Health Lawyers Association
Healthcare Financial Management Association
Former co-chair for Community Outreach,
D.C. Bar Health Section Young Practitioners Planning Committee

J.D., George Washington University
B.S., Northwestern University

District of Columbia