J.D., Cornell Law School
B.A., cum laude, University of Vermont
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. She 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.
- For insurers and government contractors:
- Counsels on health care reform policy, legislation, and regulatory agenda matters, including litigation and resolution of ACA health insurance exchange disputes.
- Advises on the application of federal health care law to 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, Medicare Advantage (MA) program requirements for MA organizations, and 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:
- "Dispelling Medicare Myths in Tort Settlements", DRI's For The Defense (May 2013).
- "Broad Application of Medicare’s Mandatory Insurer Reporting Requirements to Non-U.S. Property & Casualty Carriers Flouts Supreme Court Limitations on Extraterritorial Reach of U.S. Law", Insurance Coverage Law Report (July 2014).
- Wiley Rein's Section 111 Bulletins.
- 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.
- 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
- Received 2013 Burton Award for Distinguished Legal Writing for "Supreme Court Affirms Opportunities and Uncertainties for Health Care Contractors"
- Wiley Rein 2016 Pro Bono Champion
- Past Member, Firm Management Committee
News & Insights
- May 22, 2017 | AlertKathryn Bucher, Laura Lee Miller
- August 24, 2016 | AlertSummer 2016 Round Up of Section 111 and Medicare Secondary Payer Developments for Liability Insurers
- November 24, 2015 | Alert
- March 6, 2015 | AlertCMS Final Rule Establishing Right of Appeal for Medicare Secondary Payer Determinations Raises Important Issues for Liability Insurers
- February 13, 2015 | AlertRound Up of Notable Medicare Reporting and Reimbursement Developments for Property and Casualty Insurers
- September 18, 2014 | AlertNew Section 111 Guidance Amends Decades-Old CMS Practice of Identifying Medicare Beneficiaries by Full Social Security Numbers
- September 8, 2014 | AlertSummer Round Up On Notable Medicare Reporting And Reimbursement Developments For Property And Casualty Insurers
- July 16, 2014 | AlertRichard McConnell and Kathryn Bucher Author Insurance Coverage Law Report Article on Limitations to Extraterritorial Application of Medicare Section 111 Reporting Requirements to Non-U.S. Property and Casualty Carriers
- July 2014 | ArticleBroad Application of Medicare’s Mandatory Insurer Reporting Requirements to Non-U.S. Property & Casualty Carriers Flouts Supreme Court Limitations on Extraterritorial Reach of U.S. LawInsurance Coverage Law Report
- December 20, 2013 | AlertCMS Holds First Town Hall in Five Months for Non-Group Health Plans; Seeks Public Comment on Section 111 Reporting PenaltiesKathryn Bucher, Edward R. Brown
- August 1, 2013 | AlertMedicare To Issue Mandatory Insurer Reporting Guidance On Amended Complaints, Specialty Line Reporting Exceptions, And SMART Act RegulationsKathryn Bucher
- June 28, 2013 | AlertThe Real Scoop on the Purported Insurer Duty "to Protect Medicare's Interest" and Pay for Future Medicals
- May 2013 | ArticleDRI's For The Defense
- May 20, 2013 | Alert
- April 18, 2013 | Press ReleaseJim Slattery, Kathryn Bucher, Daniel Graham and Kate McDonald Receive 2013 Burton Award for Distinguished Legal Writing
- April 15, 2013 | AlertMedicare Narrows Required Reporting By Insurers; Town Hall Reveals Disconnect With Insurers On Key Questions Regarding Pre-1980 Exposures
- January 4, 2013 | AlertCongress Passes Long-Awaited Reforms To The Medicare Secondary Payer Recovery Process, Including Elimination Of SSN Reporting, But Built-In Regulatory Delays Could Postpone Insurer Relief
- October 25, 2012 | New Orleans, LA | Speaking EngagementWhen the Players Are All in—Successfully Resolving High Stakes Litigation in the Twenty-First Century (Section 111 Developments)DRI's 2012 Annual MeetingKathryn Bucher, Speaker
- September 25, 2012 | AlertHouse Committee Moves SMART Act Forward; Medicare Reaffirms Position on Mandatory Insurer Reporting Under Accident & Health and Short-Term Travel PoliciesKathryn Bucher
- Summer 2012 | NewsletterSupreme Court Decision Upholding Affordable Care Act Affirms Contracting Opportunities in Insurance Exchanges and Medicaid
- July 16, 2012 | ArticleBloomberg BNA's Health Care Policy ReportJim Slattery, Kathryn Bucher
- July 6, 2012 | AlertCMS Releases Revised NGHP User Guide But Fails To Provide Expected Guidance On Important Unresolved Section 111 Issues
- June 21, 2012 | Alert
- June 15, 2012 | AlertCMS Solicits Comments Defining Obligations To "Protect Medicare's Interests" When Settlement Involves "Future Medicals"
- April 27, 2012 | AlertGAO and Federal Court Weigh in on Section 111 Infirmities But It's Business as Usual for CMS During Town Hall Call
- March 26, 2012 | AlertSection 111 Town Hall Call Again Addresses MSP Recovery Rights of Medicare Advantage Plans Against Casualty InsurersKathryn Bucher
- February 29, 2012 | AlertFirst Section 111 Town Hall of 2012 Highlights Need for Further Clarification of Reporting Responsibilities and Frustration Over Improper Claim Denials for Which Insurers Are Taking the Heat
- December 20, 2011 | ArticleInsurance Law360
- November 28, 2011 | AlertCMS Dodges Tough Questions Regarding Medicare Benefit Denials and Perpetuates Confusion Over Reportable Amounts During Recent Section 111 Town Hall Teleconference
- October 25, 2011 | AlertCMS Town Hall Teleconference and Recent Alert Further Muddy the Waters on Section 111 Reporting and Mass Torts IssuesKathryn Bucher
- October 5, 2011 | AlertCMS Confirms Another Delay Of Section 111 Reporting For "Certain" Claims Payments But Major Issues Remain Unsettled
- September 30, 2011 | Alert
- September 22, 2011 | Alert
- September 7, 2011 | AlertKathryn Bucher
- September 1, 2011 | AlertKathryn Bucher
- July 28, 2011 | ArticleProperty Casualty 360Kathryn Bucher
- July 19, 2011 | ArticleLaw360Kathryn Bucher
- July 7, 2011 | AlertSection 111 Bulletin: Congress Holds Hearing on Improving Medicare Secondary Payer Big Picture While CMS Remains Mired in Section 111 Reporting DetailsKathryn Bucher
- June 30, 2011 | AlertSection 111 Bulletin: Court Denies Federal Private Right of Action to Medicare Advantage Plan Seeking to Step Into Secondary Payer Shoes of Medicare to Sue Liability InsurerKathryn Bucher
- April 15, 2011 | AlertSection 111 Bulletin: CMS Solicits Industry Comments During "Mass Torts" Working Group Call and Promises to Fast-Track Guidance
- April 8, 2011 | AlertSection 111 Bulletin: CMS Town Hall Adds To Confusion Over Section 111 Reporting Obligations Of Accident and Health Insurers; Controversy Emerges Over Insurer's "Duty To Protect Medicare's Interests"
- March 24, 2011 | AlertHouse Introduces Section 111 Reform Bill—If Enacted, Would Remove SSN Reporting Obligation, Create Safe Harbor Reporting Practices and Require Earlier Notice to Insurers of Final Amount Owed MedicareKathryn Bucher
- March 13, 2011 | Newport Beach, CA | Speaking EngagementComing to Terms with Healthcare Reform in the Travel Insurance Industry2011 UStiA Annual ConferenceKathryn Bucher, Speaker
- March 11, 2011 | AlertSection 111 Bulletin: CMS Announces Date of "Mass Torts" Working Group Call and Addresses RRE Questions During Policy and Technical Town Hall TeleconferenceKathryn Bucher
- March 1, 2011 | AlertSection 111 Bulletin: CMS Releases Long-Awaited Guidance for Foreign Insurers; Reporting Exception for Professional Liability Lines Remains Under ConsiderationKathryn Bucher
- February 14, 2011 | Alert
- December 16, 2010 | AlertSection 111 Bulletin: CMS Clarifies Delay of TPOC Reporting for Liability Insurers During December 9 Town Hall and Issues New AlertsKathryn Bucher
- November 15, 2010 | ArticleSection 111 Bulletin: CMS Delays TPOC Reporting Requirements for Liability Insurers By One Year; Other Alerts and November 10 Town Hall Clarify Existing Guidance
- October 22, 2010 | Alert
- August 5, 2010 | AlertSection 111 Bulletin: CMS Announces "Major and Significant Changes" in Revised User Guide for NGHPs During July 28th Town Hall TeleconferenceKathryn Bucher
- July 7, 2010 | AlertSection 111 Bulletin: June 30th NGHP Town Hall Teleconference: Confusion and Uncertainties over Deductibles Continue; No Progress on Significant Issues Awaiting Clarification
- June 11, 2010 | AlertSection 111 Bulletin: June 10th CMS Teleconference Draws Many Questions on New Direct Data Entry Reporting Option
- June 1, 2010 | AlertSection 111 Bulletin: CMS Announces Five New NGHP Alerts During May 27th Town Hall NGHP TeleconferenceKathryn Bucher
- April 30, 2010 | AlertSection 111 Bulletin: April 28th Town Hall NGHP Teleconference Reveals No Major Developments in Agency Guidance
- March 17, 2010 | AlertSection 111 Bulletin: March 16, 2010 Town Hall Teleconference Overview: CMS Takes Stock of Its To-Do List
- March 12, 2010 | AlertSection 111 Bulletin: Legislative Fix Introduced in Congress to Section 111 Reporting Hurdles; Bill Also Seeks Broader MSP Reforms
- March 4, 2010 | AlertSection 111 Bulletin: A Closer Look at Medicare's Significant Revisions to Mandatory Insurer Reporting Guidance for Property and Casualty Insurers
- February 26, 2010 | AlertSection 111 Bulletin: CMS Significantly Revises Mandatory Insurer Reporting Guidance for NGHP Responsible Reporting Entities
- February 18, 2010 | Alert
- February 2, 2010 | Alert
- January 6, 2010 | AlertSection 111 Bulletin: Overview of CMS December 29, 2009 Alert for Foreign Insurers and January 5, 2010 "Town Hall" Teleconference
- December 16, 2009 | Alert
- December 9, 2009 | Alert
- December 4, 2009 | ArticleNo Port In A Storm? Crucial Safe Harbor Still In Doubt under New Medicare Section 111 Reporting RequirementsInsurance Coverage Litigation ReporterRichard L. McConnell, Kathryn Bucher
- November 19, 2009 | Alert
- November 4, 2009 | AlertKathryn Bucher
- October 30, 2009 | ArticleSection 111 Bulletin: October 22 Section 111 Town Hall Teleconference: Confusion Continues over 1980 Cutoff Date for MSP Liability and Collection of Social Security Numbers
- October 2009 | ArticleNew Medicare Reporting Requirements for Self-Insured Businesses Kick In: Many Questions Remain UnansweredThe Metropolitan Corporate Counsel Vo. 17, No. 10
- October 7, 2009 | ArticleSection 111 Bulletin: CMS Teleconferences of September 30 and October 6, 2009 Address Section 111 Registration Issues
- August 10, 2009 | AlertSection 111 Bulletin: CMS Posts New Version of User Guide and Requests Public Comment on Draft Language Further Defining the Responsible Reporting Entity under MMSEA Section 111
- July 28, 2009 | AlertSection 111 Bulletin: Long-Term Implications of Medicare Reporting Requirements and Reimbursement Liabilities for Casualty Insurers
- July 7, 2009 | AlertThomas W. Brunner, Kathryn Bucher
- May 29, 2009 | AlertSection 111 Bulletin: CMS Provides Liability, No-Fault and Workers' Compensation Insurers More Time to Prepare for Mandatory Medicare ReportingKathryn Bucher
- April 20, 2009 | AlertSection 111 Bulletin: CMS Clarifies Mandatory Medicare Reporting Requirements For Liability, No-Fault, and Workers' Compensation InsurersKathryn Bucher
- March 9, 2009 | ArticleLiability and Workers' Compensation Carriers Be Warned-Deadlines Loom for New Medicare Reporting Requirements that Carry Steep Civil Money PenaltiesBloomberg Law ReportsKathryn Bucher, Thomas W. Brunner