honors + affiliations
Listed, Chambers USA: America's Leading Lawyers for Business (2006–2014)
Listed, Washington DC Super Lawyers (2012–2014)
Listed, Washingtonian magazine "Best Lawyers" (2013 & 2014)
Listed, Legal Media Group's Life Sciences "Life Sciences Star" – Fraud and Abuse (2012–2014)
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
- District of Columbia
- Washington, D.C.
1111 Pennsylvania Ave., NW
Washington, DC 20004-2541
United States of America
Howard J. Young, a nationally recognized leader in healthcare fraud and abuse matters with more than 21 years of health law experience, is a partner in and the co-leader of Morgan Lewis's Healthcare Practice. Mr. Young advises a broad range of healthcare organizations—including community hospitals and academic medical centers, hospices, home health agencies, retail and specialty pharmacies, behavioral health providers, dialysis clinics, physicians, vision care providers, medical suppliers, group purchasing organizations, pharmacy benefit managers (PBMs), and distributors as well as pharmaceutical, biologic, and medical device manufacturers—on fraud and abuse, regulatory, compliance program, and transactional matters. Mr. Young works with a wide variety of healthcare businesses to develop compliant and creative business solutions and advises strategic and financial investors, including private equity firms, on healthcare transactions and joint ventures.
His client representations include federal and state investigations and self-disclosures involving the False Claims Act, the Anti-Kickback Statute, the Civil Monetary Penalty Law, and the Stark Law and quality of care, coding, and billing matters. He also counsels clients on U.S. Department of Health and Human Services 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 (e.g., Recovery Audit Contractors and Zone Program Integrity Contractors [ZPICs]) and OIG audits. 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 (DOJ), 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 lawyers and analysts.
Mr. Young frequently writes and presents on fraud and abuse and healthcare regulatory issues to major healthcare trade and professional associations as well as to clients' executive teams, boards of directors, and sales and marketing personnel.
Mr. Young is admitted to practice in the District of Columbia and Maryland.
Mr. Young's recent representative client matters include the following:
- Served 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, of Medicare inpatient short stays for kyphoplasty.
- Obtained a declination and dismissal of a federal qui tam investigation of a dental management company following an innovative response to a civil investigative demand.
- Representing providers in accountable care organizations–shared savings program arrangements, including negotiation of agreements and assessment of regulatory, fraud, and abuse matters.
- Representing numerous hospices and home health agencies in connection with DOJ investigations, OIG self-disclosures, ZPIC audits, and related overpayment appeals.
- Represented hospice and home health providers on purchase and sale transactions.
Advised various private equity investors and other companies
in the pain management, vision care, hyperbaric oxygen and wound care, sleep lab, and telehealth sectors.
- Conducted independent compliance program assessments for various healthcare providers, investors, and banks in connection with a large, national investor-owned hospital chain, home health agency chain, several large and midsized hospice organizations, and multiple retail and specialty pharmacy companies.
- Represented a national PBM organization in connection with the resolution of a government investigation.
- Advising a number of retail, specialty, and institutional pharmacies to resolve state and federal investigations and self-disclosures involving billing matters and employment of excluded persons.
- Advising healthcare providers, pharmaceutical companies, and medical device manufacturers on CIA matters.
- Lead counsel to a not-for-profit hospital on CMS Physician Self-Referral Protocol disclosure (Stark Law).
- Secured summary judgment dismissal of a major False Claims Act lawsuit, following intervention by the DOJ, for a durable medical equipment supplier of wound care mattress overlays after extensive discovery. The decision was upheld on appeal to the U.S. Court of Appeals for the Fifth Circuit. (U.S. ex rel. Carter v. Medica-Rents).
- Defending physicians and other individuals, including healthcare executives, on OIG exclusion matters.
- Tufts University, B.A., Magna Cum Laude
- Duke University School of Law, J.D.