In recent years, Mr. Crosswhite has represented university medical centers, private nonprofit hospitals, for-profit hospital groups, and public hospitals across the country in disputes before the Provider Reimbursement Review Board, the Centers for Medicare and Medicaid Services, Medicare fiscal intermediaries and federal courts. He has handled numerous settlement negotiations and administrative and judicial litigation regarding a wide variety of third-party reimbursement and payment issues.
Admitted to practice in the District of Columbia and Texas, he is a member of the American Health Lawyers Association, the Health Law Section of the District of Columbia Bar and the State Bar of Texas.
Mr. Crosswhite is a 1983 graduate, with honors, of the University of Texas School of Law, where he was a member of the Texas Law Review and the Order of the Coif, and a summa cum laude graduate of Rice University.
- Negotiated a comprehensive settlement with the Department of Health and Human Services of federal district court litigation and Provider Reimbursement Review Board appeals concerning Medicare payments for graduate medical education and other medical education programs of a university medical center.
- Developed a system-wide corporate compliance program for a rural health care system in the Southeast.
- Advised client regarding application of Medicare secondary payer rules to services furnished to Medicare beneficiaries with end-stage renal disease.
- Represented a major hospital association in commenting on and recommending changes to Medicare payment policies of the Health Care Financing Administration concerning interest expense and investment income issues.
- Negotiated a comprehensive settlement of federal district court litigation with the Department of Health and Human Services providing for Medicare reimbursement of adolescent education costs for a large group of psychiatric hospitals.
- Obtained settlements of federal district court litigation involving Medicare reimbursement treatment of an advance refunding of tax-exempt bonds for a non-profit hospital and of medical education costs for a university medical center by distinguishing adverse Supreme Court precedent.
- Counsel to a large state hospital association in obtaining relief for the association's members from restrictive HCFA policies on the patient days to be included in the calculation of Medicare disproportionate share adjustment payments.
- District of Columbia
- Supreme Court of Texas
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Northern District of Florida
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Sixth Circuit
- University of Texas School of Law, J.D., 1983
- Rice University, B.A., 1980
- Duane Morris LLP
- Partner, 1998-present
- Vinson & Elkins L.L.P., Washington, D.C.
- Partner, 1997-1998
- Associate, 1991-1996
- Wood, Lucksinger & Epstein
- Associate, 1990-1991, Washington, D.C.; 1983-1987, Houston, Texas
- American Health Lawyers Association
- The District of Columbia Bar
- Health Law Section
- State Bar of Texas
Honors and Awards
- Listed in Washington D.C. Super Lawyers 2014-2017
Listed in U.S. News/Best Lawyers "The Best Lawyers in America" in the area of Health Care Law, 2001-2020
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Quoted, "5 Tips As High Court Awaits UnitedHealth Offsetting Petition," Law360, March 8, 2019
- "PRRB to Review Florida PIP Providers’ Appeal," Dennis Barry's Reimbursement Advisor, September 2010
- Co-author, "In Stricker Case, District Court to Dismiss Medicare's Suit Seeking Reimbursement from Defendants, Insurers and Attorneys," Duane Morris Alert, September 22, 2010
- Co-author, "Class Action Lawsuit Challenges Medicare's Recovery Practices Under the Medicare Secondary Payer Statute," Duane Morris Alert, September 21, 2010
- Co-author, "Medicare Secondary Payer Statute: Reporting Obligations Delayed, but Uncertainty Remains," Duane Morris Alert, March 12, 2010
- Co-author, "Medicare Secondary Payer Statute: New Reporting Requirements for Products Liability and Toxic Tort Clients," New Jersey Law Journal, Product Liability & Toxic Torts Special Report, December 8, 2009
- Author, "The Medicare Bad Debt Moratorium: Still Alive and Kicking," Modern Healthcare, October 2008
- Co-author, "D.C. District Court Decision Gives New Life to Medicare Bad Debt Moratorium," Reimbursement Advisor, August 2008
- Co-author, "New Medicare Bad Debt Joint Signature Memorandum - History Rewritten," Reimbursement Advisor, July 2008
- Co-author, "Bad Debts: Is the Glass Half Empty or Half Full?" Reimbursement Advisor, November 2007
- Co-author, "Bad Debts in the Limelight Again," Reimbursement Advisor, August 2006
- Co-author, "CMS Reverses Favorable PRRB Jurisdictional Decisions on DSH Eligible Medicaid Days," Reimbursement Advisor, November 2005
- Co-author, "Counsel Interaction with Government Agencies and Fiscal Intermediaries," Health Care Dispute Resolution Manual: Techniques for Avoiding Litigation, December 2001
- "Medicaid Patient Days Issues Persist in Calculating Medicare Disproportionate Share Adjustment," Reimbursement Advisor, December 1999
- "Court Holds Hospital May Challenge HCFA's Calculation of SSI Percentages Used for Medicare Disproportionate Share Adjustment," Reimbursement Advisor, May 1996
- "PRRB Changes Appeal Procedures Yet Again," Reimbursement Advisor, June 1998
- "Hospitals Continue to Win on Medicaid Patient Days Issue for Disproportionate Share Adjustment," Reimbursement Advisor, August 1996
- Medicare Sends Demand Letters to Employer Group Health Insurance Plans Under Medicare Secondary Payer Program, Reimbursement Advisor, April 1993
- "Liability of Acquirors and Other Third Parties for Prior Medicare and Medicaid Overpayments of Providers and Suppliers," Reimbursement Advisor, February 1993
Selected Speaking Engagements
Speaker, “Graduate Medical Education: What’s New Again,” NJHA Teaching Hospitals Affinity Group Meeting, December 14, 2018
- Speaker, "Current Issues on Medicare Bad Debts," AHLA Institute on Medicare and Medicaid Payment Issues, March 24, 2010
- Speaker, "Medicare Secondary Payer Mandatory Reporting Requirements," HB Litigation Conferences Teleconference, November 18, 2009
- Panel Member/Medicare Reimbursement and False Claims Issues, "Business Operations for EMS Organizations," EMS Law and Management Conference, Harrisburg, Pennsylvania, 1999
- Speaker, "Charting the Minefield--Risk Areas in Medicare/Medicaid Fraud and Abuse," HFMA/University of South Dakota Annual Quad State Healthcare Institute, Vermillion, South Dakota, 1998
- Speaker, "Health Care Fraud and Abuse: Bad News, Good News," HFMA Washington, D.C. Chapter Seminar, Washington, D.C., 1996
- Speaker, "Medicare Secondary Payer--Chronic Headache," HFMA Annual National Institute, Chicago, Illinois, 1995
- Speaker, "Medicare Secondary Payer--Short Term Headache or Migraine?" HFMA Annual National Institute, Chicago, Illinois, 1994
- Speaker, "Advanced Strategies for Health Care Reimbursement," HFMA Seminar, Atlanta, Georgia, 1993