Healthcare Regulation After Loper Bright and Corner Post: Maintaining Compliance in a Post-Chevron World

Mr. Asp has a diverse practice, but focuses primarily on health care law, and particularly legal issues facing health care providers of all sizes, as well as individuals and businesses addressing issues within the health care system. For example, in recent years, he has represented a class of insurance policy holders in a lawsuit challenging undisclosed limitations on their medical benefits, a group of thirty-one rural Minnesota counties in an action to defend the rights of local governments to provide health care services to residents, and employers challenging federal agency denials of employment-based immigration petitions.

Ms. Cohen is an accomplished litigator with nearly two decades of experience representing clients in highly regulated industries—particularly healthcare and financial services—in complex civil litigation, regulatory investigations, and enforcement proceedings. As a leader in the firm’s healthcare practice, she advises healthcare insurers, pharmaceutical companies, hospitals and health systems, heath technology firms, and financial institutions on False Claims Act (FCA) litigation, internal and government investigations, whistleblower matters, and compliance redesign. Ms. Cohen’s practice spans issues involving managed care reimbursement, pharmacy benefits, medical devices, telehealth, and prescription drug pricing. She is recognized for her defense of FCA and Anti-Kickback Statute matters, particularly in Medicare Advantage and ACA risk adjustment. She routinely represents clients before the U.S. DOJ, the CMS, and the Office of the Inspector General for the U.S. Department of Health and Human Services. Ms. Cohen also counsels clients on emerging issues in drug pricing, tariffs, Pharmacy Benefit Manager regulation, Stark Law compliance, and the use of the FCA in cybersecurity and civil rights enforcement. 

Ms. Waltz is a health care partner with Foley & Lardner LLP. Her practice focuses on government investigations, false claims acts, corporate integrity agreements (CIAs), reimbursement strategies, bankruptcy, Medicare and Medicaid compliance counseling, and Medicare/Medicaid overpayments and enrollment disputes. Ms. Waltz is the chair of the firm’s Health Care Practice Group and co-chair of the Health Care & Life Sciences Sector’s Providers of Health Care Services Area of Focus. She is also a member of the Government Enforcement Defense & Investigations and Bankruptcy & Business Reorganizations Practices.