Ken Choe is uniquely situated to help our clients navigate the transformation of the healthcare 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 healthcare 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.
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.