Ken Choe

Ken Choe

Partner
Washington, D.C.

Email [email protected]​hoganlovells.com

Phone +1 202 637 5675

Fax +1 202 637 5910

LanguagesEnglish

Practice groupGlobal Regulatory

Ken Choe is uniquely situated to help our clients navigate the transformation of the health care regulatory landscape by the Affordable Care Act (ACA). Ken was Deputy General Counsel and Counselor to the Office of Health Reform at the Department of Health and Human Services (HHS), where he was lead agency counsel with respect to the ACA, as well as Medicare, Medicaid, and other health care financing programs administered by the Centers for Medicare & Medicaid Services (CMS). His knowledge and experience enable him to devise practical solutions and strategies for our clients.

Ken has singular knowledge of the legal considerations occasioned by the ACA, including the market rules that govern health insurance issuers and group health plans, the regulatory framework under which qualified health plans are offered on health insurance exchanges, the Medicaid eligibility expansion, and the Medicare Advantage reforms. In addition, he has considerable proficiency in Medicare coverage and reimbursement policies, as well as innovative payment and service delivery models, including accountable care organizations (ACOs).

Ken also has ample litigation experience, particularly in areas of administrative and constitutional law. He has appeared in state and federal trial and appellate courts across the country, and has participated in numerous matters before the Supreme Court.

Ken began his legal career as Special Assistant to the General Counsel at HHS. Between his periods of government service, he was a senior litigator and public policy advocate at the national headquarters of the American Civil Liberties Union.

Awards and recognitions

2010

General Counsel's Certificate of Appreciation

2010

Secretary's Certificate of Appreciation

2010

Secretary's Commendation

2014-2016

Selected as a member of the Lawdragon Leading Lawyers in America for

2020

Healthcare: Advice to Health Insurers, Recommended
Legal 500 US

2022

Healthcare (District of Columbia), Rank 4
Chambers USA

Education and admissions

Education

J.D., The George Washington University National Law Center, 1995

B.A., University of Virginia, 1992

Memberships

Member, American Bar Association, 2015

Member, American Health Lawyers Association, 2015

Member, Human Rights Watch LGBT Rights Program Advisory Committee, 2006-2009

Bar admissions and qualifications

District of Columbia

Court admissions

U.S. Court of Appeals, Eleventh Circuit

U.S. Court of Appeals, Sixth Circuit

U.S. Supreme Court

Representative experience

Core member of government legal team in National Federation of Independent Business v. Sebelius and other challenges to Affordable Care Act.*

Lead agency counsel for implementation of Affordable Care Act, including provisions governing health insurance coverage and Medicare Advantage plans.*

Lead agency counsel for Medicare payment rules and guidance, Medicare Shared Savings Program, and Center for Medicare & Medicaid Innovation.*

*Matter handled prior to joining Hogan Lovells.

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