Troy A. Barsky
Overview
Troy Barsky is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm’s Health Care Group, where he focuses on health care fraud and abuse, as well as Medicare and Medicaid law and policy. Troy counsels all types of health care entities, including hospitals, group practices, and health plans on the physician self-referral law (Stark Law) and the Anti-Kickback Statute, innovative health care delivery models, such as Accountable Care Organizations (ACOs), and Medicare and Medicaid payment and coverage policy. Troy additionally represents various health care entities in the regulatory aspects of health care transactions, including compliance, corporate structuring, diligence, licensure, and credentialing. He also defends clients seeking resolution of government health care program overpayment issues or fraud and abuse matters through self-disclosures and negotiated settlements with the U.S. Department of Justice, U.S. Health and Human Services Office of the Inspector General, and the Centers for Medicare and Medicaid Services (CMS).
Career & Education
- United States Department of Health and Human Services
Director, Division of Technical Payment Policy, Chronic Care Policy Group, Center for Medicare, Centers for Medicare and Medicaid Services, 2009 – 2013
Senior Attorney, Office of the General Counsel, Program Integrity Group, Centers for Medicare & Medicaid Services Division, 2002 – 2009
Acting Deputy Director, CMS, Office of Financial Management, Program Integrity Group, 2007
- United States Department of Health and Human Services
- Cornell University, B.S., 1995
- Cardozo School of Law, J.D., cum laude, 1998
- District of Columbia
- New York
- Maryland
Troy's Insights
Client Alert | 5 min read | 05.16.24
CMS Finalizes Contested Rule on Nursing Home Staffing and Facility Assessments
On May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule that, for the first time, imposes national minimum nurse staffing requirements for nursing homes. Specifically, the standard adopted by CMS requires minimum staffing of 3.48 hours per resident day (“HPRD”), as discussed in more detail below. CMS estimates that the new requirements will cost facilities $43 billion over the next 10 years, which is more than the $40.6 billion cost that CMS estimated for Proposed Rule of 3.0 HPRD. Some industry sources estimate that less than 25% of nursing facilities across the country currently meet the full scope of staffing standards laid out in CMS’ Final Rule due to a myriad of factors including labor shortages and increasing wage pressures. Indeed, the impact and cost of these staffing requirements will vary significantly by state. For example, CMS reported that at least one state will need to increase certain staff by nearly 96% to meet the minimum standards, while other states already meet the requirements.
Client Alert | 8 min read | 05.07.24
Client Alert | 3 min read | 04.22.24
Press Coverage | 04.05.24
Crowell & Moring Hires Kidney Dialysis Provider's Former Legal Chief
Recognition
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Chambers USA: Band 2, Healthcare, District of Columbia, 2020-2023 | Band 3, Healthcare, District of Columbia, 2019 | Up & Coming, Healthcare, 2017-2018
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The Best Lawyers in America: Health Care
Troy's Insights
Client Alert | 5 min read | 05.16.24
CMS Finalizes Contested Rule on Nursing Home Staffing and Facility Assessments
On May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule that, for the first time, imposes national minimum nurse staffing requirements for nursing homes. Specifically, the standard adopted by CMS requires minimum staffing of 3.48 hours per resident day (“HPRD”), as discussed in more detail below. CMS estimates that the new requirements will cost facilities $43 billion over the next 10 years, which is more than the $40.6 billion cost that CMS estimated for Proposed Rule of 3.0 HPRD. Some industry sources estimate that less than 25% of nursing facilities across the country currently meet the full scope of staffing standards laid out in CMS’ Final Rule due to a myriad of factors including labor shortages and increasing wage pressures. Indeed, the impact and cost of these staffing requirements will vary significantly by state. For example, CMS reported that at least one state will need to increase certain staff by nearly 96% to meet the minimum standards, while other states already meet the requirements.
Client Alert | 8 min read | 05.07.24
Client Alert | 3 min read | 04.22.24
Press Coverage | 04.05.24
Crowell & Moring Hires Kidney Dialysis Provider's Former Legal Chief
Practices
- Health Care
- Crowell Health Solutions
- Government Health Care Programs
- Health Care Policy and Government Affairs
- Health Care Fraud and Abuse
- Government Affairs
- Investigations
- False Claims Act Defense
- Regulatory Litigation
- Hospital Systems and Providers
- Managed Care
- Digital Health and Health Information Technology
Industries
Troy's Insights
Client Alert | 5 min read | 05.16.24
CMS Finalizes Contested Rule on Nursing Home Staffing and Facility Assessments
On May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a Final Rule that, for the first time, imposes national minimum nurse staffing requirements for nursing homes. Specifically, the standard adopted by CMS requires minimum staffing of 3.48 hours per resident day (“HPRD”), as discussed in more detail below. CMS estimates that the new requirements will cost facilities $43 billion over the next 10 years, which is more than the $40.6 billion cost that CMS estimated for Proposed Rule of 3.0 HPRD. Some industry sources estimate that less than 25% of nursing facilities across the country currently meet the full scope of staffing standards laid out in CMS’ Final Rule due to a myriad of factors including labor shortages and increasing wage pressures. Indeed, the impact and cost of these staffing requirements will vary significantly by state. For example, CMS reported that at least one state will need to increase certain staff by nearly 96% to meet the minimum standards, while other states already meet the requirements.
Client Alert | 8 min read | 05.07.24
Client Alert | 3 min read | 04.22.24
Press Coverage | 04.05.24
Crowell & Moring Hires Kidney Dialysis Provider's Former Legal Chief