practice areas
honors + affiliations
Listed, Chambers USA: America's Leading Lawyers for Business (2006–2011)
Listed, "Outstanding Healthcare Fraud and Compliance Lawyer," Nightingale's (2010)
Recipient, 1998 and 2002 OIG Exceptional Achievement Awards; 2000 President's Council on Integrity and Efficiency Award; 2001 OIG Cooperative Achievement Award for Multi-Agency Enforcement Efforts
Member, American Health Lawyers Association
Member, Health Law Section, American Bar Association
Member, Health Care Compliance Association
bar admissions
- District of Columbia
- Maryland
- Washington, D.C.
-
1111 Pennsylvania Ave., NW
Washington, DC 20004-2541
Phone: 202.739.5461
Fax: 202.739.3001
Howard J. Young, a nationally recognized leader in healthcare fraud and abuse matters, is a partner in Morgan Lewis's FDA and Healthcare Practice with nearly 20 years of health law experience. Mr. Young advises a broad range of healthcare organizations—including hospitals, hospices, home health agencies, retail and specialty pharmacies, dialysis clinics, physicians, vision care providers, medical suppliers, GPOs, and distributors as well as pharmaceutical, biologic, and medical device manufacturers—on fraud and abuse, regulatory, and compliance program matters, and represents clients on federal and state investigations and self-disclosures involving False Claims Act, Anti-Kickback, Stark Law, quality of care, coding, and billing matters. He also counsels clients on Department of Health and Human Services (HHS) Office of Inspector General (OIG) and FDA exclusion and debarment litigation, as well as in connection with Centers for Medicare and Medicaid Services (CMS) contractor (RAC, ZPIC, and PSC) and OIG audits. Additionally, Mr. Young works with a wide variety of healthcare businesses to develop compliant business solutions and advises strategic and financial investors, including private equity firms, on health care transactions and joint ventures.
From 1997 to 2002, Mr. Young served as a senior attorney and deputy branch chief with the Office of Counsel to the Inspector General coordinating with the U.S. Department of Justice, state attorneys general, and CMS on criminal and civil healthcare fraud matters. He negotiated, developed, and monitored hundreds of corporate integrity agreements (CIAs) and supervised a staff of OIG attorneys and analysts. Mr. Young played a key role in many of the federal government's major healthcare enforcement and compliance initiatives at the time, including the largest corporate health fraud investigation of a hospital system to date.
Mr. Young frequently writes and presents to major healthcare trade and professional associations, as well as to clients' executive teams, Boards of Directors, and sales and marketing personnel on fraud and abuse and healthcare regulatory issues.
Mr. Young is admitted to practice in the District of Columbia and Maryland.
Selected Representations
Mr. Young's recent representative client matters include:
- Serving as lead counsel in the successful representation of two hospitals in a large healthcare system to settle a qui tam investigation, for considerably less than the government was seeking, and with no CIA, a national qui tam investigation of Medicare inpatient short stays for kyphoplasty (a surgical spine procedure).
- Representing numerous hospices and home health agencies in connection with ZPIC audits and related overpayment appeals.
- Advising various private equity sponsors and other companies to build chain healthcare provider organizations, including in pain management, dialysis, vision care, hyperbaric oxygen and wound care, sleep lab, and continence care sectors.
- Leading attorney teams for various health care providers and private equity sponsors and banks in connection with independent assessment of corporate compliance programs, including home health and hospice providers.
- Working with various private equity firms in connection with regulatory due diligence assessments related to potential investments, including in the healthcare provider, Medicare Part D, and pharmaceutical and device sectors.
- Advising a number of retail, specialty, and institutional pharmacies to resolve state and federal investigations and self-disclosures involving employment of excluded persons.
- Defending various health care providers, including hospitals, hospices, and large physician practices, in connection with False Claims Act investigations brought by U.S. Department of Justice, State Attorneys General, and OIG authorities. These matters include allegations of Stark Law, Anti-Kickback Law, and upcoding and other misconduct.
- Advising health care providers, pharmaceutical companies and medical device manufacturers on CIA matters. Lead counsel to not-for-profit hospital on CMS Physician Self-Referral Protocol disclosure (Stark Law).
- Securing summary judgment dismissal of major False Claims Act lawsuit following intervention by U.S. Department of Justice, for durable medical equipment supplier of a wound care mattress overlays, following extensive discovery. Decision upheld on appeal to Fifth Circuit. (U.S. ex rel. Carter v. Medica-Rents)
- Defending physicians and other individuals, including healthcare executives, on OIG exclusion matters.
- Representing clients in connection with FOIA and reverse-FOIA litigation.
- Representing various long term care companies in connection with sale and purchase of hospices and home health agencies.
education
- Duke University School of Law, 1993, J.D.
- Tufts University, 1989, B.A., Magna Cum Laude