A nationally recognized leader in healthcare fraud and abuse issues, Howard J. Young counsels a range of healthcare clients on government investigations, regulatory, and transactional matters. Healthcare organizations turn to Howard to address their most critical compliance issues and assist with internal investigations and government self-disclosures. Howard helps healthcare clients develop compliant and effective business solutions to legal issues and advises investors, including private equity firms, on transactions and joint ventures. Howard is the leader of Morgan Lewis’s healthcare practice.
Howard’s clients include community hospitals and academic medical centers, hospices, home health agencies, retail and specialty pharmacies, behavioral health providers, physician practices, vision care providers, medical suppliers, group purchasing organizations (GPOs), pharmacy benefit managers (PBMs), and distributors. He also counsels private equity firms and lenders as well as pharmaceutical, biologic, and medical device manufacturers.
Howard represents healthcare clients that are the target of federal and state investigations involving the False Claims Act (FCA), the Anti-Kickback Statute, the Civil Monetary Penalty Law, and the Stark Law, as well as quality of care, coding, and billing matters.
Howard regularly counsels clients on US Department of Health and Human Services, Office of Inspector General (OIG) and state exclusion matters, including administrative litigation. He also works with clients in connection with Centers for Medicare and Medicaid Services (CMS) contractors, such as recovery audit contractors and zone program integrity contractors (ZPICs), and OIG audits.
From 1997 to 2002, Howard was a senior attorney and deputy branch chief with the OIG. There he coordinated with the US 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.
Howard 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's recent representative client matters include the following:
Obtained a declination and complete dismissal of a federal qui tam investigation of a dental management company following an innovative response to a DOJ civil investigative demand.
Representing providers in accountable care organizations (ACOs)–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.
Representing hospice and home health providers on purchase and sale transactions.
Advising various private equity investors and other companies in the pain management, home health, hospice, pharmacy, vision care, hyperbaric oxygen and wound care, sleep lab, and telehealth sectors.
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.
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.
Served as 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, including before ALJs and in federal district court.
Duke University School of Law, J.D.
Tufts University, B.A., Magna Cum Laude
District of Columbia
Awards and Affiliations
Listed, Chambers USA: America's Leading Lawyers for Business (2006–2014)