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Thomas E. Dowdell

Partner

Thomas E. Dowdell

Washington, DC

T:+1 202 662 4503

Tom Dowdell is a partner in the Washington, D.C. office and a member of the firm's health care practice group.  Tom began his professional career on Capitol Hill working for two Members of Congress primarily on federal health care policy matters.  He commenced his legal career in 1987 in the Houston, Texas office health law litigation and regulatory group.   He has been in the Washington, D.C. office practicing health care law since 1991 and a partner since 1999. 

Tom's practice focuses on health care regulatory, coverage and payment, transaction, compliance, and policy matters.  He handles matters for clients involving: Medicare and Medicaid program certification, coverage, billing, and payment; hospital, physician, and other provider transactions; fraud and abuse; compliance; internal and external audits; disclosures and repayments; graduate medical education accreditation and payment; physician and non-physician practitioner scope of practice, coverage, coding and billing; and federal health care legislation and rulemaking.  Tom monitors federal health care legislation and rulemaking, communicates to clients policy developments that are relevant to their operations, and works with clients to comply with such developments and implement strategies to improve operations.             

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  • Education

    JD, The George Washington University Law School, 1987
    BA, cum laude, Political Science (Public Policy), University of Pennsylvania, 1982

    Mr. Dowdell was a member of The George Washington Law Review. He was admitted to practice law in Texas in 1987 and in the District of Columbia in 1989.

  • Admissions
    • District of Columbia Bar
    • Texas State Bar
  • Rankings and recognitions
    • Best Lawyers in America, 2019 Lawyers of the Year, Healthcare Law, Best Lawyers, 2019
    • Best Lawyers in America, Best Lawyers, 2013 - 2015, 2017 - 2019
    • Washington D.C. & Baltimore's Top Rated Lawyers, LexisNexis Martindale-Hubbell, 2012 - 2017
    • AV® Preeminent™, Highest Rating, Martindale-Hubbell Law Directory
    • Chambers USA, District of Columbia: Healthcare, Chambers & Partners, 2009, 2011 - 2018
    • Chambers USA, Nationwide: Healthcare: Regulatory & Litigation, Chambers & Partners, 2016-2018
    • Acritas Star, Acritas, 2017 - 2018
    • Legal 500 US, recommended lawyer, Industry focus - Healthcare: service providers, The Legal 500, 2018
    • Washington, D.C. Super Lawyer, healthcare, Thomson Reuters, 2008, 2009, 2011 - 2017
    • Top 100 Washington D.C. Super Lawyers, 2016
    • Washington, D.C.'s Best Lawyers, Best Lawyers Health Care, 2015 - 2018
  • Publications
    • "President Signs Into Law 21st Century Cures Act," The Health Law Pulse, December 13, 2016
    • "A First Look at the Healthcare Industry Under President Trump," The Health Law Pulse, November 15, 2016
    • "CMS Issues CY 2017 OPPS Final Rule," The Health Law Pulse, November 4, 2016
    • "CY 2017 OPPS Final Rule and Hospital Off-Campus Outpatient Department Payment Implications," The Health Law Pulse, November 2, 2016
    • "Administrative Dispute Resolution Process is Proposed to Resolve 340B Program Disputes," The Health Law Pulse, August 11, 2016
    • "CY 2017 Proposed Rule Sets New Off-Campus HOPD Requirements," The Health Law Pulse, July 12, 2016
    • "CMS 2017 OPPS Proposed Rule Includes Payment Provisions for Hospital Off-Campus Outpatient Departments," The Health Law Pulse, July 7, 2016
    • "CMS Publishes Final Rule to Update Medicare Clinical Diagnostic Laboratory Tests Payment System for Program Savings," The Health Law Pulse, June 22, 2016
    • "CMS Finds CMS Deficient in Monitoring Compliance by Hospitals with Provider-Based Status Requirements" The Health Law Pulse, June 17, 2016
    • "FDA Draft Guidance to Assist CMS with Coverage Decisions for Medicare Payment," The Health Law Pulse, June 8, 2016
    • "CMS Issues Anticipated Medicare Overpayments Final Rule; Relaxes Initial Proposals," The Health Law Pulse, February 13, 2016
    • "Congressional Subcommittee Hears Testimony and Considers Legislation regarding Medicaid Supplemental Payments," The Health Law Pulse, November 14, 2015
    • "Senate Passes Physician Payments Bill," The Health Law Pulse, April 15, 2015
    • "Supreme Court Holds Providers Cannot Force States to Increase Medicaid Payments," The Health Law Pulse, March 31, 2015
    • "House Approves Permanent Solution to Physician Payments Problem," The Health Law Pulse, March 27, 2015
    • "OIG Urges Cuts in Hospital Outpatient Payment Rates for ASC-Approved Procedures," The Health Law, March 18, 2015
    • "U.S. House Approves Bill Mandating Patient Notification of Observation Status," The Health Law Pulse, March 17, 2015
    • "MedPAC Recommends Medicare Payment Charges; Advocates Site-Neutral Payments and SGR Repeal," The Health Law Pulse, March 16, 2015
    • "MedPAC Releases Report Addressing the Synchronization of Medicare Policy Across Payment Models and Site-Neutral Payments," Health Law Update, June 25, 2014
    • "CMS Office of Hearings Issues Alert Regarding Medicaid Disproportionate Share Hospital Payments," Health Law Update, May 28, 2014
    • "CMS Publishes Memorandum Providing Instructions Regarding Long-Term Care Hospital Moratorium," Health Law Update, May 28, 2014
    • "Congressional Subcommittee Revisits Medicare Payment Policy on Short Hospital Stays, the Two-Midnight Rule, and Observation Care," Health Law Update, May 28, 2014
    • "Medicare Graduate Medical Education Affiliated Group Agreements Have July 1 Deadline," Health Law Update, May 28, 2014
    • "Potential Site-Neutral Medicare Payment Policy Addressed by US House Energy and Commerce Health Subcommittee," Health Law Update, May 28, 2014
    • "Recovery Audit Contractor Activities are the Subject of a Congressional Hearing," Health Law Update, May 28, 2014
    • "CMS Proposes Several Rules That in Fiscal Year 2015 Would Affect Payment Policies and Rates for Various Providers," Health Law Update, May 6, 2014
    • "Hospital Associations Request Confirmation From HHS Regarding the Propriety of Paying Premium Subsidies," Health Law Update, May 6, 2014
    • "OIG Recommends Equal Medicare Payment Rates for Surgical Procedures Performed in Hospital Outpatient Departments and Ambulatory Surgery Centers," Health Law Update, April 21, 2014
    • "Obama Administration Proposes FY 2015 Budget," Health Law Update, March 20, 2014
    • "OIG Recommends Expansion of Medicare DRG Window Payment Policy but CMS Demurs," Health Law Update, February 24, 2014
    • "US Senate and House of Representatives Leaders Introduce Legislation to Replace Medicare Sustainable Growth Rate Formula With New Physician Payment System," Health Law Update, February 19, 2014
    • "MedPAC Recommends to Congress Aligning Medicare Payment Rates Between Hospital Outpatient Payments and Physician Office Payments for Certain Services," Health Law Update, January 21, 2014
    • "OIG Finds MAC Local Coverage Determinations Result in Inconsistent Medicare Coverage Determinations Result in Inconsistent Medicare Coverage Rules," Health Law Update, January 21, 2014
    • "US Department of Health & Human Services' Office of Medicare Hearings and Appeals Suspends Assignment of New Medicare Appeals to ALJs," Health Law Update, January 21, 2014
    • "US House of Representatives' Energy & Commerce Committee Examines Medicare Extender Payment Policies," Health Law Update, January 21, 2014
    • Co-author, "DOJ Recovers $2.6 Billion from Healthcare False Claims Cases in FY 2013," Health Law Update, January 13, 2014
    • "MedPAC Considers Significant Changes to Medicare Payments to Acute Care Hospitals, Long-Term Care Hospitals, and Physician Groups for Certain Services" Health Law Update, January 13, 2014
    • "OIG finds that equipment donation to city may trigger kickback sanctions," Health Law Update, December 9, 2013
    • "Hospital Outpatient Payments to Increase by $4.4 Billion or 9.5 Percent in CY 2014 Under OPPS Final Rule," Health Law Update, December 9, 2013
    • "PhRMA Seeks Injunctive Relief Enjoining HRSA From Implementing a Final Rule Establishing Conditions Under Which Certain Providers May Purchase Orphan Drugs Through the 340B Drug Discount Program," Health Law Update, October 9, 2013
    • "Senator Grassley Seeks Information From Two Pharmaceutical Companies Regarding Their Reported Failure to Provide 340B Program Discounts for Certain Drugs," Health Law Update, October 9, 2013
    • "Members of Congress Request CMS to Delay Implementation of the Two Midnights Rule for Hospital Inpatient Admissions," Health Law Update, September 30, 2013
    • "CMS Issues a Final Rule Reducing State Medicaid Disproportionate Share Allotments," Health Law Update, September 24, 2013
    • "CMS Publishes a Proposed Rule That Would Implement a Medicare Prospective Payment System for Federally Qualified Health Centers," Health Law Update, September 24, 2013
    • "Federal District Court Determines That Hospitals Sharing Costs for Residents Training in a Non-Hospital Facility are Ineligible for Medicare Graduate Medical Education Payments," Health Law Update, September 24, 2013
    • "CMS Issues Policy Memorandum Addressing Provider Changes of Ownership and Certain Consequences of Buyers Rejecting Sellers' Medicare Provider Agreements," Health Law Update, September 16, 2013
    • "CMS Publishes Guidance Describing Physician Certification of the Medical Necessity of Hospital Inpatient Services as a Condition of Medicare Payment," Health Law Update, September 16, 2013
    • Co-author, "Obama Administration Proposes ACA Regulations," Fulbright Alert, November 21, 2012
    • Co-author, "Provider-Based Toolkit Update," American Health Lawyers Association, January 2012
    • Co-author, "Telehealth Technology Opportunity for Certain Rural Providers," Fulbright Briefing, March 4, 2011
    • "Revisions to Supervision Requirements for Hospital Outpatient Therapeutic Incident to Services and Diagnostic Services," ABA Heath eSource, January 2010
    • Co-author, "CMS Proposes Payment and Policy Changes for Inpatient Rehabilitation Facilities for Fiscal Year 2008," Fulbright Briefing, June 11, 2007
    • Co-author, "CMS Promulgates Final Rule Changing Policy for LTCH and GME," Fulbright Briefing, June 6, 2007
    • Co-author, "Proposed Inpatient PPS Rule to Impact Specialty Hospitals - CMS Continues to Implement its 'Strategic and Implementing Plan for Specialty Hospitals'," Fulbright Briefing, May 10, 2007
    • "The Health Care Legal Leadership Seminar, Top Partners on Winning Legal Strategies & Best Practices for Success," ReedLogic, 2006
    • "Medicare Part B Payment for Nonphysician Services," Health Law Practice Guide of the American Health Lawyers Association
    • Co-author, "Pro Bono Special Report: New Jobs, New Lives," Legal Times, Week of August 2, 2004
    • "Long Term Care Hospitals - Development and Payment Issues," The Rap Sheet, American Health Lawyers Association, Volume 6, Issue 2, Spring 2003
  • Speaking engagements
    • American Bar Association Health Law Section tweet chat, "Health Care Reform," November 15, 2017
    • Co-speaker, "Organ Acquisition (Transplant) Reimbursement, Compliance, and More," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 29-31, 2017     
    • Co-speaker, "Washington Healthcare Update: A First Look at the Legal Landscape for the Healthcare and Life Sciences Industries Under President Trump," Thirteenth Annual Health Law Symposium, Austin, Texas, January 26-27, 2017
    • Speaker, "Significant Medicare Developments in 2016 and Their Impact on Providers," Colorado Bar Association 2017 National CLE Conference, Aspen, Colorado, January 4-8, 2017
    • Co-speaker, "A First Look at the Legal Landscape for the Healthcare and Life Sciences Industries under President Trump," Norton Rose Fulbright client webinar, December 1, 2016
    • Co-speaker, "The Sunset of Off-Campus Provider-Based Locations: What the Statute Says, Areas of Ambiguity, and Practical Advice," American Health Lawyers Association Webinar, March 17, 2016
    • Co-speaker, "Washington Update," Twelfth Annual Austin Health Law Symposium, Austin, Texas, January 28-29, 2016
    • Speaker, "Health Ethics Trust: Hot Topics in Compliance," 2015 Best Compliance Practices Forum, Arlington, Virginia, October 26, 2015
    • Co-speaker, "Focus of Federal Health Care Enforcement Authorities in 2015," Norton Rose Fulbright St. Louis Second Annual Corporate Compliance Roundtable, St. Louis, Missouri, May 14, 2015  
    • Co-speaker, "Washington Update," Norton Rose Fulbright Second Annual Denver Health Law Symposium, Denver, Colorado, February 19, 2015 
    • Co-speaker, "Washington Update," Norton Rose Fulbright Third Annual St. Louis Health Law Symposium, St. Louis, Missouri, February 18, 2015 
    • Co-speaker, "Washington Update," Eleventh Annual Austin Health Law Symposium, Austin, Texas, January 29-20, 2015
    • Speaker, "Recent Developments in Medicare and Medicaid Reimbursement," Colorado Bar Association 2015 National CLE Conference, Snowmass, Colorado, January 9, 2015
    • Co-speaker, "Focus on Federal Health Care Enforcement Agencies in 2014,"  Norton Rose Fulbright St. Louis Healthcare Compliance Roundtable, St. Louis, Missouri, May 1, 2014
    • Panelist, "Two-Midnight Rule,"  Norton Rose Fulbright St. Louis Healthcare Compliance Roundtable, St. Louis, Missouri, May 1, 2014
    • "Provider-Based Status, Under Arrangements, Enrollment, and Related Medicare Requirements," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 26-28, 2014
    • Co-speaker, "Washington Update," Norton Rose Fulbright First Annual Denver Health Law Symposium, Denver, Colorado, February 28, 2014
    • Co-speaker, "Washington Update," Norton Rose Fulbright Second Annual St. Louis Health Law Symposium, St. Louis, Missouri, February 27, 2014
    • Co-speaker, "Washington Healthcare Update Post ACA," Tenth Annual Austin Health Law Symposium, Austin, Texas, January 30-31, 2014
    • "Provider-Based Status, Under Arrangements, and Related Medicare Principles and Requirements," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 20-22, 2013
    • Panelist, "Washington Health Care Update – ACA Implementation, the Fiscal Cliff and Anti-Fraud Enforcement Initiatives," Fulbright & Jaworski L.L.P. Ninth Annual Health Law Symposium, Austin, Texas, January 31, 2013
    • "Provider-Based Status, Under Arrangements, Enrollment and Related Medicare Requirements," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 28-30, 2012
    • Co-speaker, "D.C. Update," Fulbright & Jaworski L.L.P. Eighth Annual Health Law Symposium, Austin, Texas, February 2, 2012
    • 2012 National CLE Conference, Health Law, Co-speaker "Reimbursement of Providers in the Healthcare Reform Environment," Snowmass, Colorado, January 4-8, 2012
    • "Provider-Based Status and Under Arrangements," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 30-April 1, 2011
    • "Finding Funding: Medicare and Medicaid Payment Reforms," Fulbright & Jaworski L.L.P. Health Law Teleconference, April 21, 2010
    • "Medicare Reimbursement Update," Corporate Research Group, Webinar, April 8, 2010
    • "Provider-Based Status and Under Arrangements," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 24-26, 2010
    • "We Thought We Knew How To Get Paid, or What's Old Is New Again," American Bar Association Health Law Section 11th Annual Conference on Emerging Issues in Health Care Law, Phoenix, Arizona, February 17-19, 2010
    • "What's Old is New Again ... Medicare Reimbursement/Enforcement Initiatives that TH/AMCs Should Keep on the Radar," American Health Lawyers Association, Washington, DC, January 21-22, 2010
    • "Healthcare Reform Legislation 2009," American Bar Association Health Law Section Washington Healthcare Summit, Arlington, Virginia, October 26-27, 2009
    • "Health Care Reform, Regulatory Focus, and Enforcement Focus," Mercy Revenue Management Retreat, Kansas City, Missouri, May 15, 2009
    • "Provider-Based Status and Under Arrangements," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 25-27, 2009
    • "Developments in Provider-Based Status," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, April 9-11, 2008
    • "Provider-Based Requirements, Under Arrangements, Joint Venture - What To Do?" American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 21-23, 2007
    • "Medicare Inpatient Prospective Payment System Proposed Rule for 2007," Panel Member, Fulbright & Jaworski L.L.P. Health Law Teleconference, May 10, 2006
    • "Provider-Based vs. Freestanding Entity," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 22-24, 2006
    • "2006 Federal Health Care Legislation," Panel Member, Fulbright & Jaworski L.L.P. Health Law Teleconference, March 1, 2006
    • "Provider-Based vs. Freestanding Entity," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 16-18, 2005
    • "Senior Healthcare Reform: Actions at the National Level," Duke Endowment and South Carolina Hospital Association Geriatric Best Practices Initiative Conference, Charleston, South Carolina, April 21-23, 2004
    • "Provider-Based vs. Freestanding Entity," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, March 31-April 2, 2004
    • "Significant Legislative, Regulatory and Judicial Developments in Medicare/Medicaid Payment and Related Matters," American Bar Association Health Law Section Conference, Emerging Issues in Health Care 2004, La Jolla, California, February 18-20, 2004
    • "Physician-Owned Specialty Hospitals: Niche Providers of Needed Healthcare Services or Physician Financial Bonanza," American Bar Association Health Law Section Washington Healthcare Summit, Washington, D.C., November 6-7, 2003
    • "Long Term Care Hospital – Development and Payment Issues," American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland, April 2-4, 2003
    • "Long Term Care Hospital Development: Certification, Payment and Other Regulatory Issues," Second Annual Conference of the Acute Long Term Hospital Association, Arlington, Virginia, September 12, 2002
    • "Reimbursement, Fraud and Abuse," Second Annual Conference of the Acute Long Term Hospital Association, Arlington, Virginia, September 12, 2002
    • "A Prescription for Medicare Drug Benefit: Perspectives from Providers, Consumers and Legislators," American Bar Association Annual Meeting 2002, Washington, D.C., August 8-13, 2002
    • "Health Care Reform, Action at the National Level," American Bar Association Health Law Section Conference: Emerging Issues in Health Care 2002, Scottsdale, Arizona, February 27-March 2, 2002
    • Co-Speaker, "APC Provider-Based Status Under the 2002 OPPS Rules: Winning Strategies for Coding, Billing, and Compliance," hcPro, February 21, 2002
    • "Current Medicare Certification and Payment Issues for Long Term Acute Care Hospitals," Acute Long Term Hospital Association First Annual ALTHA Convention, Dallas, Texas, November 7-9, 2001
    • "The Bush Administration, the 107th Congress and the Centers for Medicare and Medicaid Services: Significant Legislative and Regulatory Developments in Health Care," Hospital Council of Western Pennsylvania Meeting of Hospital Executives, Pittsburgh, Pennsylvania, October 26, 2001
    • "Pending Federal Health Care Legislation," Health Care Financial Management Association Washington, D.C. Metro Chapter Meeting, October 17, 2001
    • "Hospital, Physician and Supplier Payment Priorities in the Post Balanced Budget Act Era," American Bar Association 2001 Annual Meeting, Chicago, Illinois, August 2-8, 2001
    • "Medicare and Medicaid Programs – An Overview of Coverage and Reimbursement Concepts," American Bar Association 11th Annual National Institute on Health Care Fraud 2001, Miami Beach, Florida, May 3-5, 2001
    • "2001: A Payment and Reimbursement Odyssey," American Bar Association Health Law Section Conference: Emerging Issues in Health Care 2001, Orlando, Florida, February 7-10, 2001
  • Memberships and activities
    • American Bar Association
      • Health Reform Committee, Co-Chair
      • Health Law and Policy Coordinating Committee, Former Vice Chair and Member
      • Long Distance Learning Committee, Former Member
      • Health Law Section Council, Former Member
      • Government Relations Committee, Former Chair
      • Government Submission Interest Group, Former Section Liaison
      • Payment & Reimbursement Interest Group, Former Chair
      • Washington Healthcare Summit, Former Co-Chair; Planning Committee, Former Member
    • American Health Lawyers Association
      • Regulation, Accreditation, and Payment Practice Group, Member
    • District of Columbia Bar
      • Health Law Section
    • State Bar of Texas
      • Health Law Section
    • AARP - Legal Counsel for the Elderly
      • Advisory Committee, Former Member
      • Board of Directors, Former Member