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People
Joel McElvain is a partner in our healthcare practice. He has over twenty years of experience as a litigator with the Department of Justice (DOJ), having handled some of the DOJ’s most complex and challenging civil matters. As an Assistant Branch Director in the Department’s Federal Programs Branch, he supervised the defense of the Department of Health and Human Services in cases challenging agency programs under the Medicare and Medicaid statutes, the Affordable Care Act, and other statutes.
Joel was part of the team of attorneys at DOJ that successfully defended the constitutionality of the ACA in National Federation of Independent Business v Sebelius, 567 U.S. 519 (2012), and that successfully defended an important regulation addressing the ACA’s system of health insurance subsidies in King v. Burwell, 135 S. Ct. 2480 (2015). He also briefed and argued numerous cases arising under the Medicare Act in the federal district courts and courts of appeals.
In 2013, Joel and his team received the Attorney General's Award for Exceptional Service for the successful defense of the ACA in NFIB, which the Justice Department called a "landmark piece of legislation." Joel also received the Civil Division’s Michael F. Hertz Award for Exceptional Professionalism and Outstanding Performance in 2014 for his work in King and other cases.
Credentials
J.D., Harvard Law School, magna cum laude
B.A., Williams College, magna cum laude
California
District of Columbia
Supreme Court of the United States
U.S. Court of Appeals for the D.C. Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
Judicial Clerk, the Honorable Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit
American Bar Association, Administrative Law & Regulatory Practice Section
American Health Lawyers Assoication
Close
Recognition
Attorney General’s Award for Exceptional Service, the Department of Justice’s highest award for employee performance
2013
Michael F. Hertz Memorial Award for Exceptional Professionalism and Outstanding Performance
2014
Department of Justice, Civil Division, Special Commendation Awards
2007, 2010, and 2012
National Institute of Health Director’s Award
2011
News
Press Release
January 16, 2019
King & Spalding Adds Former DOJ Assistant Branch Director to D.C. Office
In the News · Source: Bloomberg Law
In the News · Source: Modern Healthcare
November 5, 2019
Joel McElvain discusses why the CMS might not have the power to make hospitals disclose negotiated prices with insurers
News
Press Release
January 16, 2019
King & Spalding Adds Former DOJ Assistant Branch Director to D.C. Office
In the News · Source: Bloomberg Law
In the News · Source: Modern Healthcare
November 5, 2019
Joel McElvain discusses why the CMS might not have the power to make hospitals disclose negotiated prices with insurers
News
Press Release
January 16, 2019
King & Spalding Adds Former DOJ Assistant Branch Director to D.C. Office
In the News · Source: Bloomberg Law
In the News · Source: Modern Healthcare
November 5, 2019
Joel McElvain discusses why the CMS might not have the power to make hospitals disclose negotiated prices with insurers
Credentials
J.D., Harvard Law School, magna cum laude
B.A., Williams College, magna cum laude
California
District of Columbia
Supreme Court of the United States
U.S. Court of Appeals for the D.C. Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Federal Claims
U.S. District Court for the District of Columbia
Judicial Clerk, the Honorable Danny J. Boggs, U.S. Court of Appeals for the Sixth Circuit
American Bar Association, Administrative Law & Regulatory Practice Section
American Health Lawyers Assoication
Close
Recognition
Attorney General’s Award for Exceptional Service, the Department of Justice’s highest award for employee performance
2013
Michael F. Hertz Memorial Award for Exceptional Professionalism and Outstanding Performance
2014
Department of Justice, Civil Division, Special Commendation Awards
2007, 2010, and 2012
National Institute of Health Director’s Award
2011