Christopher P. Kenny (Chris)

• Represented the Florida Hospital Association and 12 of its members in a precedent-setting challenge to CMS's exclusion of section 1115 waiver days from the Medicare DSH payment adjustment, resulting in a multi-million dollar victory. See Bethesda Health v. Azar, 980 F.3d 121 (D.C. Cir. 2020). Mr. Kenny is currently pursuing the same issue on behalf of dozens more hospitals in Florida, Texas, California, Tennessee and elsewhere, with total amounts in controversy worth hundreds of millions of dollars.
• Represented 34 hospitals in overturning CMS's unlawful policy understating the so-called "rural floor," generating hundreds of millions of dollars in additional wage-related payments for providers in Arizona, Connecticut, Florida, and elsewhere. Citrus HMA v. Azar, Case No. 20-00707, 2022 WL 1062990 (D.D.C. 2022).
• Successfully represented five major health systems in overturning CMS's disallowance of millions of dollars in financial support for the hospitals' nursing and other training programs. The court noted "the hosptials are right, and it is not even close." Mercy Health-St. Vincent Medical Center v. Becerra, Case No. 22-3578 (D.D.C. 2024).
• Regularly provides day-to-day counseling to more than a dozen major health systems in the establishment and operation of large outpatient provider-based facilities and rural health clinics. Issues involved include the structuring of complex management agreements, joint ventures, 340B considerations, service line collaborations, and hospital-physician relationships.
• Recovered millions of dollars in additional cost reimbursement for an organ procurement organization's clinical laboratory activities.

Chris Kenny focuses on providing strategic payment and compliance advice to hospitals, health systems, academic medical centers, and other organizations participating in Medicare, Medicaid and commercial insurance plans. For the past ten years, Chris has been recognized by Chambers USA as a leading healthcare lawyer and in 2020 was named a Top Attorney Under 40 by Law 360.

With in-depth knowledge of payment systems and regulations, Chris regularly advises in-house lawyers and C-suite executives on the payment implications of major business decisions including facility construction/acquisition, medical staff relations, the operation and expansion of graduate medical education and allied health training programs, organ acquisition program management, participation in the 340B Drug Pricing Program, and telehealth expansion.  

Applying his regulatory and reimbursement experience, Chris represents hospitals in Medicare payment litigation and before Congress and the administrative branch, as well as in False Claims Act investigations by the U.S. Department of Justice.

He strives to provide creative, proactive advice in an ever-changing healthcare regulatory environment, and to vigorously defend his clients’ positions in payment disputes and government investigations.

A member of the Healthcare Financial Management Association and the American Health Lawyers Association, Chris regularly speaks and writes on reimbursement and compliance issues. He is the co-editor of the Reimbursement Advisor, the leading national healthcare reimbursement publication, and serves as co-editor of our firm’s award-winning Health Headlines, a weekly newsletter summarizing healthcare law and policy developments.

ADMITTED TO PRACTICE IN DISTRICT OF COLUMBIA AND MARYLAND; NOT ADMITTED TO PRACTICE IN FLORIDA