Jointly led by Jim Boswell in Atlanta and Mark Polston in Washington DC, King & Spalding LLP houses a ‘highly specialized set of experts’ known for their strength in administrative and commercial disputes concerning CMS and HHS regulations, and allegations of billing fraud. The group acts for a broad range of clientele, from university hospitals and major health systems, to physician staffing companies, and healthcare investors. Boswell regularly acts in managed care cases for providers, while Polston assists a diverse client list of clinical laboratories, health systems, and hospitals with the full range of healthcare fraud issues. Jon Harris often advises nonprofit healthcare systems on transactional issues, and Daniel Hettich is a key name for complex litigious Medicare reimbursement work, often advising hospitals and hospital consultants. Atlanta’s Jennifer Lewin is well-versed in federal level False Claims Act (FCA) disputes across New York, Texas, California, and Georgia. Richard Zall works out of the New York office, utilizing his deep regulatory knowledge to assist with joint ventures and M&A, in addition to digital health and telemedicine-related licensing issues. Glenn Solomon is noted for his experience in arbitrations involving government-managed providers in Los Angeles.
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Testimonials
Collated independently by Legal 500 research team.
‘K&S has reliable and responsive attorneys with practical experience and tested expertise. I trust the guidance that I am provided. They are quickly able to collaborate across offices and departments to find and assign attorneys with the most relevant experience and expertise to assist in a matter.’
‘I work most frequently with Chris Kenny. I trust that Chris will be honest with me about risks and I value his experience and expertise. Everyone I work with at K&S is knowledgeable and thorough when providing counsel.’
‘Rick Zall is a pleasure to work with. He is responsive, and has wide-ranging knowledge. Knows exactly which KS team member to bring onto specific projects.’
‘King & Spalding has a highly specialized set of experts in the area of CMS and federal government reimbursement issues that makes their work invaluable to me and my team. Their past experience with government roles also contributes to effective representation.’
‘Christina McNamara is savvy and thoughtful in her approach to deal execution. Her strategic navigation of sellers, seller-counsel, and other key stakeholders has resulted in out-sized gains for our deals.’
‘Brilliant litigators that understand the complex web of state and federal laws governing the industry and who are also keenly aware of the practical realities of the business.’
‘Dana Berkowitz in unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative. She is a superlative advocate and tactician.’
‘Craig Carpenito has deep insider knowledge about the US DOJ that helps him strategize with clients about the most efficient and effective approach towards government inquiries. He is practical and non-alarmist. He knows the right levers to pull. Ariana Fuller does an excellent job at communication with the clients, working with opposing counsel and providing direction to the client on the steps to be taken to effectively prepare the cases for mediation, arbitration or trial.’
Key clients
- American Clinical Laboratory Association
- Arrowhead Regional Medical Center
- Atrium Health
- Aveanna Healthcare
- Baylor College of Medicine & Affiliated Medical Services
- Bon Secours Health System
- Bronx-Lebanon Hospital Center Health Care System
- California Hospital Association
- Care Hospice
- Charleston Area Medical Center
Work highlights
- Represented Lehigh Valley Health Network in its strategic combination with Jefferson, effective August 1, 2024.
- Represented more than 200 hospitals across three precedent setting cases on issues regarding the Medicare DSH program. Under this program, Medicare provides additional payments to hospitals that render services to a “disproportionate” share of low-income individuals. Payments are calculated according to a methodology that looks to the number of inpatients who receive Medicaid benefits as well as individuals who receive inpatient benefits under so-called “Section 1115 waiver programs.” CMS has determined that certain individuals who receive inpatient benefits under Section 1115 waiver programs in several states cannot be counted in this payment methodology. In August 2024, the Northern District of Texas vacated CMS’s new regulation—a victory that will result in hundreds of millions of dollars in additional Medicare payment to affected hospitals.
- Representing Baylor College of Medicine (BCM) in the defense of a qui tam FCA litigation styled Vaughn et al v. Harris County Hospital District et al, txsd-4:2017-cv-02749 brought in the Southern District of Texas. The litigation involved novel allegations and tests key defences, including the public disclosure bar. The government filed a statement of interest at the request of the court agreeing with Baylor College of Medicine and the other defendants that the case should be dismissed under the public disclosure bar.
Lawyers
Hall of fame
The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Dan Hettich
Mark Polston
Leading associates
Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Jennifer Lewin
Practice head
Jim Boswell; Mark Polston
Other key lawyers
Jon Harris; Daniel Hettich; Jennifer Lewin; Adam Robison; Chris Kenny; Alek Pivec; Sara Brinkmann; Glenn Solomon; Richard Zall; Christina McNamara; Dana Berkowitz; Craig Carpenito; Ariana Fuller