Troy Barsky, J.D., is a partner in Crowell & Moring’s Washington, D.C., office and serves as a member of the firm’s Health Care Group Steering Committee where he focuses on healthcare fraud and abuse, and Medicare and Medicaid law and policy. Mr. Barsky counsels all types of health care entities, including hospitals, group practices, and health plans on the physician self-referral law (Stark Law) and the Anti-Kickback Statute; innovative healthcare delivery models, such as Accountable Care Organizations (ACOs); and Medicare & Medicaid payment and coverage policy. He also defends clients seeking resolution of government healthcare program overpayment issues or fraud and abuse matters through self-disclosures and negotiated settlements with the U.S. Department of Justice, U.S. Health & Human Services (HHS) Office of the Inspector General, and the Centers for Medicare & Medicaid Services (CMS).
Prior to joining Crowell & Moring, Mr. Barsky already had extensive healthcare government experience, having served at HHS for 11 years from 2002-2013. Mr. Barsky was the Director of the Division of Technical Payment Policy at CMS from 2009 to 2013 where he was responsible for Stark law policy and other Medicare payment issues. He implemented important sections of the Affordable Care Act, including the creation, development, and operation of the CMS Voluntary Self-Referral Disclosure Protocol. Mr. Barsky was also a key team member in the development of the Medicare Shared Savings Program and Medicare ACOs, including the issuance of fraud and abuse waivers associated with this program. Additionally, he advised the Center for Medicare & Medicaid Innovation in the development and testing of new demonstrations and models. Mr. Barsky also wrote and issued Stark advisory opinions; developed Medicare technical payment policy in areas such as the timely filing of Medicare claims, and assignment and reassignment; and reviewed waiver requests by hospitals to move from their designated Organ Procurement Organization.
Prior to joining CMS, Mr. Barsky served in the HHS Office of the General Counsel, CMS Division, Program Integrity Group from 2002-2009. In that role, he focused on Medicare and Medicaid fraud and abuse. Specifically, Mr. Barsky was the program integrity senior litigation attorney, where he focused on pharmaceutical and medical device False Claims Act matters. Additionally, he gained high-level experience regarding the collection of Medicare overpayments. Mr. Barsky represented CMS in administrative matters before the HHS Departmental Appeals Board regarding Medicaid taxes and donations and intergovernmental transfers. He also extensively advised CMS on Medicare and Medicaid payment policy.