Drew M. Clary
Drew Clary guides for-profit and nonprofit health care clients on a broad range of regulatory, transactional and enforcement issues. Clients look to Drew for his knowledge of and experience with New York’s complex health care regulatory framework, managed care structures and value-based care models, and Medicaid and Medicare laws. In addition to his technical acumen, clients rely on Drew for his ability to see the big picture and to identify and address the myriad of federal and state regulatory issues that present in complicated transactional and enforcement matters. Drew’s clients include managed care plans; hospitals and health systems; PACE organizations/providers; nonprofit and for-profit, private equity-backed providers of clinical, care management and care coordination services; independent practice associations; physician practices; and community-based providers of mental health, I/DD and social services.
Clients from New York and across the United States rely on Drew for his ability to distill and address complex regulatory issues and provide actionable advice on how to operate a business within state and federal frameworks. Drew is ranked “Up and Coming” by Chambers, where he is recognized for his deep substantive health care knowledge and touted as an attorney who “thinks about the overall picture and provides excellent analyses."
Drew is deeply committed to providing pro bono advice, serving clients throughout the pandemic, including key New York City providers and stakeholders during the height of the spring 2020 surge.
Drew advises clients in contracting, regulatory, transactional and enforcement matters, including:
- structuring and negotiating managed care and IPA/provider contracts, including value-based payment arrangements with substantial upside/downside risk based on quality metrics;
- behavioral health, mental health and substance abuse services contracting and regulatory matters;
- contracting and regulatory matters for plans and providers of services for the intellectually and developmentally disabled;
- developing and operationalizing IPAs, ACOs and other clinically or financially integrated networks in compliance with evolving federal and state regulatory requirements, laying the groundwork for providers to manage care, assume risk and capitalize on government value-based payment initiatives;
- managed care organization reorganizations and mergers;
- compliance with federal and state reimbursement rules;
- nonprofit compliance and governance, including audit, related party transaction and conflict of interest rules;
- defending state and federal subpoenas, audits and informal inquiries;
- structuring and negotiating hospital and medical school affiliations;
- navigating federal and state fraud and abuse restrictions, including the Stark physician self-referral, anti-kickback, fee-splitting and corporate practice of medicine requirements;
- discharging repayment and disclosure obligations emanating from overpayments and improper referral arrangements; and
- developing Corporate Integrity Agreement and other compliance programs.
- Panelist, “Value-Based Care 2.0: What Lies Ahead?” Ropes & Gray’s health care group virtual conference (June 22—23, 2022)
- Presenter, “COVID-19 Federal and State Regulatory Waiver Authorities and Compliance Considerations Post-COVID-19,” Health Care Compliance Association, 2020 New York Regional Conference
- Speaker, “Healthcare Provider and Payer Perspectives on Alternative Capital and Liquidity,” Hannover Re Experience 2018 Conference
- JD, University of Michigan Law School, 2009
- BA, Duke University, 2004
Admissions / Qualifications
- New York, 2011
- California, 2009
- Chambers USA – Health Care: Up and Coming (2022)
- New York Metro Super Lawyers – Rising Star (2015-2019)
- Empire State Counsel – New York State Bar Association