Our people

Jason is a member of the Life Sciences Health Industry Group. He has represented hospitals, skilled nursing facilities, home health agencies, hospices, institutional pharmacies, medical device manufacturers, durable medical equipment suppliers, health care associations and medical educators. His practice encompasses a wide range of regulatory, litigation, legislative, corporate and contractual matters for health care clients.

Jason concentrates in counselling long-term acute care (LTAC) and other hospital providers on development, reimbursement, compliance, regulatory, and other issues. He represents the leading LTAC trade association on legislative, rulemaking, and other legal matters affecting its membership.

Over the past 13 years with Reed Smith, Jason has represented hundreds of providers before the Provider Reimbursement Review Board, the HHS Departmental Appeals Board, state and federal courts, and other administrative tribunals in Medicare and Medicaid reimbursement appeals, coverage appeals, enrollment appeals, and termination appeals. He has significant experience and success with large group cases, complex reimbursement, statistical sampling, and medical necessity cases.

Jason also advises clients on health care fraud and abuse laws, such as the Anti-Kickback Statute and the Stark law. He also defended health care clients in government enforcement actions, including audits, investigations, qui tam False Claims Act cases, and other litigation matters. In addition, Jason has helped providers develop compliance programs and, when necessary, negotiate corporate integrity agreements with the HHS Office of Inspector General.

In support of legislative initiatives for trade association and provider clients, Jason has drafted significant model legislation to advance federal tort reform; enhanced confidentiality of quality of care information; and LTAC certification criteria. He advises clients on patient safety and related privilege and confidentiality issues.

Representative Matters

• Successfully negotiated $60 million settlement of hospital lease expense appeals for 80 hospitals through PRRB-sponsored mediation and settlement of related Virginia Medicaid appeal.

• Successfully negotiated $20 million settlement of more than 20 large Medicare reimbursement appeals of home office costs for leading skilled nursing facility chain.

• Successfully negotiated settlement in qui tam False Claims Act case against national hospital chain and resolution of multiple government investigations.

• Obtained series of favorable decisions on "must bill" and other Medicare bad debt issues in hospital group and skilled nursing facility appeals.

• Obtained favorable decision in hospital provider tax case for national hospital chain.

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Publications

• “CMS Updates LTACH Payments and Policies for RY 2010, Revises FY 2009 Relative Weights Mid-Year, and Continues to Amend Regulations Based Upon MMSEA and ARRA,” Continuum Magazine, Vol. 4, No. 2 (Fall 2009)
• “What LTACH Providers Should Know About the Recovery Audit Contractor (RAC) Program,” Continuum Magazine, Vol. 4, No. 1 (Winter 2009)
• “The MMSEA Maze: CMS Implements the LTACH Provisions of the Medicare, Medicaid, and SCHIP Extension Act of 2007,” Continuum Magazine, Vol. 3, No. 2 (Summer 2008)
• "The 'Medicare, Medicaid, and SCHIP Extension Act of 2007' Enacted Into Law," Continuum Magazine, Vol. 3, No. 1 (Spring 2008)
• "Ninth Circuit Rules That Provider Reimbursement Review Board May Order Reimbursement of Expenses Not Claimed In Cost Report or Previously Considered by Intermediary," Reed Smith Health Care Clients Memorandum (August 10, 2007)
• "CMS Proposes Major Reforms of Medicare Inpatient Hospital Payment System and Changes for Long-Term Care Hospital Payments," Reed Smith Health Care Client Memorandum (April 21, 2006), co-author
• "Patient Safety and Quality Improvement Act of 2005 Signed Into Law," Reed Smith Health Care Client Memorandum (September 8, 2005), co-author
• "HHS Agencies Issue Industry Guidance on Hospital Discounts," Reed Smith Health Care Client Memorandum ( April 6, 2004), co-author
• "Federal Legislation Needed to Protect Confidentiality of Quality-of-Care Information," Health Law Monitor (Fall 2002)
• "Confidentiality of Health Care Provider Quality of Care Information," 40 Brandeis L.J. 595 (Spring 2002)
• "Logging Onto Sound Financial Practices," Provider Magazine (August 2000), co-author

Speeches / Presentations

• “Overview of LTACH Legal Landscape,” Acute Long Term Hospital Association (ALTHA) 2009 Legal Issues Meeting (October 13, 2009)
• “The Medicare Regulation of Long-Term Acute Care Hospitals and Inpatient Rehabilitation Facilities,” LTC-SIR Tutorial, American Health Lawyers Association (January 15, 2009)
• “The National Recovery Audit Contractor (RAC) Program: Past, Present & Future,” Reed Smith University (January 14, 2009)
• “Long-Term Acute Care Hospital Medical Necessity Reviews Under MMSEA,” Acute Long Term Hospital Association (ALTHA) Teleconference (March 23, 2009)
• “The Age of MMSEA: The MMSEA Maze – The Ins & Outs of the Moratorium,” moderator and panel speaker, Acute Long Term Hospital Association (ALTHA) 2008 LTAC Hospital Conference & Exhibition (October 23, 2008)
• “Preparing for Medical Necessity Reviews,” Acute Long Term Hospital Association (ALTHA) 2008 LTAC Hospital Conference & Exhibition (May 16, 2008)
• “Medicare Appeals: From A to C,” Reed Smith CLE (February 26, 2003)
• “Effective Compliance Programs,” Reed Smith CLE (March 22, 2002)

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• District of Columbia
• Maryland

Court Admissions

• U.S. District Court - District of Columbia

Professional Affiliations

• American Health Lawyers Association
• AHLA Hospital and Health Systems Practice Group
• District of Columbia Bar Association
• Maryland Bar Association