Stephanie A. Webster
Stephanie Webster represents many of the country’s leading hospitals and health systems and other health care clients in cutting-edge administrative and federal court litigation contesting adverse government agency action. Clients across the health care industry turn to Stephanie for her strategic advice and guidance on complex payment and compliance issues, and challenging high-impact Medicare reimbursement rules and decisions. Recently, she has also provided critical guidance around issues related to the COVID-19 pandemic, including helping clients navigate ongoing developments in federal funding and reimbursement.
Stephanie draws on her experience in both private practice and government service to assist clients on matters challenging agency action in Medicare, Medicaid and other federal agency programs under the Administrative Procedure Act and similar statutory provisions.
Stephanie led a team to victory before the U.S. Supreme Court in a case invalidating substantive changes in Medicare Disproportionate Share payments without proper notice and comment under the unique procedural requirements of the Medicare statute (Allina Health Services v. Sebelius). She also spent several years as an attorney for the Centers for Medicare and Medicaid Services (CMS), Division of the Office of General Counsel for the U.S. Department of Health and Human Services.
Stephanie has been recognized as a leading health care lawyer by Law360, Chambers USA and Nightingale’s Healthcare News.
- Prevailed in significant D.C. Circuit and Supreme Court appeal affirming the invalidation of a Medicare policy standard involving Medicare Disproportionate Share payments adopted without proper notice and comment (Allina Health Services v. Sebelius).*
- Successfully represented medical device company Alcresta Therapeutics in a first-of-its kind federal court challenge to an agency decision denying proper medical coding culminating in a rare D.C. Circuit injunction mandating coding.*
- Represented Medicare Advantage health plan in overturning agency denial of service area expansion.*
- Represented hundreds of hospitals (including argument) in the lead federal court case invalidating as arbitrary and capricious the 0.2 percent reduction to hospital payment rates made in 2014 in connection with the “two-midnight rule” (Shands v. Burwell).*
- Served as co-counsel in thousands of appeals for more than 700 hospitals in successful challenge to a Medicare budget neutrality factor accounting for the impact of the wage index rural floor, including the lead case that successfully overturned the government’s erroneous methodology and led to the largest-ever Medicare litigation settlement (Cape Cod Hospital v. Sebelius).*
- Served as co-counsel in first case ever decided by a federal district court requiring the correction of systemic errors and omissions in the calculation of the Medicare Part A/SSI fraction used for determining hospital DSH payments (Baystate Medical Center v. Leavitt).*
- Represented large academic medical centers on compliance issues relating to the 340B
*Experience prior to joining Ropes & Gray
- Co-author, “What High Court's ACA Ruling Means For Health Insurers,” Law360 (May 7, 2020)
- Co-author, “How To Determine Eligibility for HHS Emergency Funds,” Law360 (April 24, 2020)
- Quoted, “Ropes & Gray Signs Health Care Legal Team from Akin Gump,” Bloomberg Law (February 21, 2020)
- Profiled, “Prominent Akin Gump Health Partner Departs to Ropes & Gray,” Bloomberg Law (February 3, 2020)
- Profiled, “Ropes & Gray Nabs Top Health Care Litigator From Akin Gump,” Law360 (February 3, 2020)
- Quoted, “Health & Life Sciences At The High Court: A Decade In Review,” Law360 (December 20, 2019)
- Quoted, “Hospitals Look to Courts on HHS Rulemaking, Medicare Payments,” Bloomberg BNA’s Health Care Daily Report (January 3, 2018)
- Quoted, “10th Cir. Overturns Medicare Repayment Order, Chides CMS,” Bloomberg BNA’s Medicare Report (June 1, 2016)
- Author, “The New Medicare DSH Payment: What’s Baked into the Pie—and How It’s Sliced,” Healthcare Financial Management Association (October 2013)
- Presenter, “Hot Topics in Medicare Payments,” Texas Health Law Conference (October 6, 2019)
- Presenter, “Emerging Issues Regarding the HCPCS Coding Process for Medical Devices,” The MedTech Conference (September 24, 2019)
- Presenter, “What’s Old is New Again: The Original DSH Payment,” American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland (March 21 and 22, 2018)
- Presenter, “PRRB Appeals: Current Challenges,” American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (March 30, 2017)
- Presenter, “PRRB Appeals: Current Challenges,” American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (April 14, 2016)
- Presenter, “PRRB Appeals: Current Challenges,” American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues (March 26, 2015)
- Presenter, “PRRB Appeals: Current Challenges,” American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland (March 27, 2014)
- JD, University of Virginia School of Law, 1994
- BA, cum laude, Yale University, 1990