Photo of Kathryn  Bucher

Education

J.D., Cornell Law School

B.A., cum laude, University of Vermont

Law Journals

Senior Editor, Cornell International Law Journal

Bar and Court Admissions

District of Columbia Bar

Supreme Court of the United States

U.S. Court of Federal Claims

U.S. District Courts for the District of Columbia and District of Maryland

Kathryn has 30 years of experience representing insurers, managed care organizations, government contractors, and pharmaceutical companies participating in or doing business with government-sponsored health care programs, including Medicare, Medicaid, the Federal Employees Health Benefits (FEHB) Program, and TRICARE. Kathryn devotes a significant part of her practice to advising health care entities and property and casualty insurers on matters arising under the Affordable Care Act (ACA) and Medicare law, defending clients in high-profile False Claims Act investigations and litigation, and negotiating pharmacy benefit management (PBM) contracts.

Representative Experience

  • For insurers and government contractors:
    • Counsels on health care reform legislation and regulatory guidance, including implementation of the ACA, establishment of health insurance exchanges, and Medicare Advantage contracting.
    • Advises on the application of the ACA to the businesses of property and casualty insurers and specialty lines.
    • Handles Medicare and Medicaid contracting matters related to Medicare Administrative Contractor (MAC) and Medicaid Management Information System (MMIS) procurements and the associated contract administration.
    • Advises and writes frequently on a wide range of Medicare Secondary Payer (MSP) issues, including MSP reimbursement obligations, self-disclosures, and related mandatory insurer reporting under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA). Articles include:
    • Litigates bid protests before the U.S. Government Accountability Office (GAO) and the Court of Federal Claims, including the successful defense of the first MAC award (DME Jurisdiction D) and many Cycle Two MAC protests.
    • Defends government contractors in investigations and suits under the False Claims Act, having achieved government declination or resolution prior to intervention in more than a dozen cases.
    • Counsels on compliance with the Anti-Kickback laws and the Federal Acquisition Regulation (FAR) Mandatory Disclosure Rule.
    • Defends cost audits before federal agencies and litigates final audit decisions before the Boards of Contract Appeals.
    • Prepares contracts, subcontracts, affiliate agreements, contractor certifications and administrative claims.
    • Advises clients on contractor performance, government audits and inspections, and reporting obligations.
    • Assesses cost allowability and allocability issues under FAR.
  • For a broad array of commercial entities:
    • Leads internal investigations for compliance officers and general counsel.
    • Negotiates and drafts PBM contracts and counsels on related pharmacy benefit issues.
    • Conducts health care due diligence for mergers and acquisitions.
    • Implements and reviews corporate compliance programs.

Affiliations

  • American Bar Association (ABA)
    • Vice-Chair (2004-2005) and Member, Accounting, Cost & Pricing Committee, Section of Public Contract Law
    • Procurement Fraud and Health Care Contracting Committees, Section of Public Contract Law
    • Section of Health Law
  • American Health Lawyers Association (AHLA)
  • Board of Trustees, The Barker Adoption Foundation

Recognitions

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