Albert W. Shay focuses his practice on counseling healthcare companies of all types on regulatory, fraud and abuse, Stark law, Medicare reimbursement, and transactional matters. Al devotes a substantial portion of his practice to corporate compliance issues, including internal and government investigations, and has experience representing clients before regulatory agencies such as the Centers for Medicare and Medicaid Services (CMS), the US Department of Health and Human Services’ Office of Inspector General, and the Provider Reimbursement Review Board.
Al advises hospitals, physician groups, and ancillary service providers in areas such as physician self-referral (i.e., the federal Stark law and its state law counterparts), federal fraud and abuse, and regulatory compliance. He frequently serves as compliance counsel for hospitals and other healthcare companies, including advising clients that are subject to Corporate Integrity Agreements. Al also helps healthcare businesses address complex fraud and abuse investigations, voluntary self-disclosures, overpayment recoupment efforts, and other compliance reviews, and he often negotiates resolutions with representatives of the CMS and/or HHS’s Office of Inspector General. Al advises numerous post-acute care providers and serves as the General Counsel for the National Association of Long Term Care Hospitals.
Al also represents many hospitals before administrative agencies and in federal courts. This includes work in connection with Medicare reimbursement and in certification appeals before the Provider Reimbursement Review Board, the CMS Administrator, and the federal courts. He has successfully appealed Medicare reimbursement matters in the US Court of Appeals for the First Circuit and the US Court of Appeals for the Eighth Circuit.
A frequent writer and speaker, Al often talks and writes on fraud and abuse matters, as well as the application of the federal physician self-referral law (Stark law). An active member of the American Health Lawyers Association (AHLA), he previously served as the vice chair of the AHLA’s fraud and abuse, self-referrals, and false claims substantive law committee.
Before joining Morgan Lewis, Al was a partner at an international law firm, where his work focused on the healthcare industry.
Saint Louis University, 1987, M.H.A.
Saint Louis University School of Law, 1987, J.D., magna cum laude
University of Maryland, 1982, B.A.
District of Columbia
Awards and Affiliations
Recommended, Healthcare: service providers, The Legal 500 US (2021)
Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2021)
Ranked, Healthcare, District of Columbia, Chambers USA (2017–2021)
Recognized, Health Care Law, Washington, DC, The Best Lawyers in America (2015–2020, 2022)
Recognized, Best Lawyers, Washingtonian magazine (2013)
Leadership Committee Co-Chair, American Health Lawyers Association’s Fraud and Compliance Forum Program Planning Committee (2021)
Former Vice Chair, Fraud and Abuse, Self-Referrals, and False Claims Substantive Law Committee, American Health Lawyers Association