Erica Kraus > Sheppard, Mullin, Richter & Hampton LLP > Washington DC, United States > Lawyer Profile

Sheppard, Mullin, Richter & Hampton LLP
2099 PENNSYLVANIA AVENUE, N.W.
SUITE 100
WASHINGTON DC 20006
DISTRICT OF COLUMBIA
United States
Erica Kraus photo

Work Department

Corporate and Securities

Position

Erica Kraus is a partner in the Corporate Practice Group in the firm’s Washington, D.C. office.

Erica represents healthcare entities in regulatory compliance matters. She advises clients on reaching their goals in compliance with federal and state fraud and abuse laws, assists clients in responding to government investigations, and represents clients in False Claims Act litigation. Erica also assists clients with regulatory due diligence in transactional matters, and through advocacy with federal and state regulators, and leverages her background in health policy to help clients maximize opportunities in the changing healthcare landscape. Representative matters include:

  • Assisting in internal investigations of reported potential regulatory non-compliance
  • Responding to government Civil Investigative Demands
  • Representing defendants in False Claims Act litigation
  • Advising clients in preparation for and during transactions in evaluating regulatory compliance and making related strategic decisions
  • Advising clients on compliance with the Civil Monetary Penalties Law, Stark Law, and Anti-Kickback Statute
  • Drafting and submitting self-disclosures through CMS’ Self-Referral Disclosure Protocol
  • Assisting clients with CMS Innovation Center model participation and compliance with applicable waivers
  • Assisting clients in developing value-based compensation and support strategies and care coordination initiatives in compliance with applicable laws
  • Advising clients on HCC strategy and compliance
  • Preparing CMS Hearing Officer appeals of Medicare Advantage and Prescription Drug Plan application denials
  • Appealing Medicare Administrative Contractor claim denials
  • Advising clients on the implications of drug pricing reform
  • Preparing filings with the Provider Reimbursement Review Board
  • Advising clients on regulatory waivers and compliance during the COVID-19 pandemic
  • Advising clients on the evolving MACRA implementation landscape and transition toward value-based care

Prior to joining the firm, Erica acted as a Perspective Reports intern for the New England Journal of Medicine, where she reviewed and summarized health law and policy news, and worked as an intern for the U.S. Department of Health and Human Services, focusing particularly on employment law projects, including preparing for EEOC, MSPB and federal district court litigation. Erica currently serves as an Adjunct Professorial Lecturer at American University’s Washington College of Law, teaching on the False Claims Act in the Healthcare Industry.

Education

J.D., Harvard Law School, 2012, magna cum laude

A.M., Harvard Graduate School of Arts and Sciences, Health Policy, 2015

B.A., University of Virginia, 2006, with highest distinction

Lawyer Rankings

United States > Healthcare > Service providers

The ‘outstanding’ Sheppard, Mullin, Richter & Hampton LLP exhibits ‘broad experience and provides exceptional support‘ to physician organizations, digital health companies, and hospital systems. The team is experienced handling shifts to risk and value-based reimbursement systems, in addition to advising on provider sponsored health plans. California-based practice head Eric Klein often acts for Chinese healthcare companies and private equity funds in healthcare M&A matters, supported by Lynsey Mitchel, who primarily represents managed care and risk bearing organizations in HMO regulatory matters. Michael Paddock heads the Washington DC practice, and focuses on healthcare fraud and abuse matters and federal healthcare program compliance issues. Also based in Washington, Erica Kraus – who was promoted to partner in February 2022 – draws on her broad knowledge of FCA litigation and government investigations. In Dallas, Phil Kim utilizes his expertise in corporate matters to advise private equity companies and ambulatory surgery centers on healthcare M&A and operational issues.