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Chris Kenny is a partner in our Healthcare practice and specializes in 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 six 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

Full Bio

Credentials

J.D., George Washington University

B.S., Northwestern University

District of Columbia

Maryland

U.S. Court of Appeals for the D.C. Circuit

U.S. District Court for the District of Columbia

American Health Lawyers Association

Healthcare Financial Management Association

2020 Top Attorneys Under 40 - Healthcare


Law360

Ranked in Chambers USA for Healthcare 2017-2021


Chambers USA

Named a Rising Star in Healthcare


SUPER LAWYERS, 2018

Named a Rising Star in Healthcare


Super Lawyers, 2017

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Recognition

2020 Top Attorneys Under 40 - Healthcare


Law360

Ranked in Chambers USA for Healthcare 2017-2021


Chambers USA

Named a Rising Star in Healthcare


SUPER LAWYERS, 2018

Named a Rising Star in Healthcare


Super Lawyers, 2017

Matters

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).

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Matters

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.

Successfully represented a Medicaid managed care organization in multiple False Claims Act investigations by local U.S. Attorneys' Offices resulting in declinations.

Recovered millions of dollars in additional cost reimbursement for an organ procurement organization's clinical laboratory activities.

Insights

Newsletter

September 23, 2024
Health Headlines September 23, 2024

Newsletter

September 16, 2024
Health Headlines September 16, 2024

Newsletter

September 3, 2024
Health Headlines September 3, 2024

View all

Matters

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).

See more

Close

Matters

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.

Successfully represented a Medicaid managed care organization in multiple False Claims Act investigations by local U.S. Attorneys' Offices resulting in declinations.

Recovered millions of dollars in additional cost reimbursement for an organ procurement organization's clinical laboratory activities.

Insights

Newsletter

September 23, 2024
Health Headlines September 23, 2024

Newsletter

September 16, 2024
Health Headlines September 16, 2024

Newsletter

September 3, 2024
Health Headlines September 3, 2024

View all

Credentials

J.D., George Washington University

B.S., Northwestern University

District of Columbia

Maryland

U.S. Court of Appeals for the D.C. Circuit

U.S. District Court for the District of Columbia

American Health Lawyers Association

Healthcare Financial Management Association

2020 Top Attorneys Under 40 - Healthcare


Law360

Ranked in Chambers USA for Healthcare 2017-2021


Chambers USA

Named a Rising Star in Healthcare


SUPER LAWYERS, 2018

Named a Rising Star in Healthcare


Super Lawyers, 2017

Close

Recognition

2020 Top Attorneys Under 40 - Healthcare


Law360

Ranked in Chambers USA for Healthcare 2017-2021


Chambers USA

Named a Rising Star in Healthcare


SUPER LAWYERS, 2018

Named a Rising Star in Healthcare


Super Lawyers, 2017