Susan Feigin Harris

Co-Head of Healthcare, United States
Norton Rose Fulbright US LLP

Houston
United States
T:+1 713 651 5377
Houston
United States
T:+1 713 651 5377
Susan Feigin Harris

Susan Feigin Harris

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Biography

Named 2018 Texas Lawyer of Year by Texas Lawyer, Susan Feigin Harris has a long history of focusing upon the unique and strategic needs of her provider-based clients. Susan began her legal career with a focus on hospital and physician reimbursement issues and has grown her practice to include the operational, regulatory, business, corporate, governance, compliance and contracting needs for a diverse group of healthcare clients. She regularly provides advice to sophisticated academic medical center entities addressing the unique needs involving residency training programs, research and grant compliance, federal and state healthcare policies, and works with state and federal healthcare agencies involving Medicare and Medicaid certification and enforcement initiatives. Susan's clients include hospitals, physician groups, telehealth, lab companies, post-acute providers and healthcare innovations companies.

Additionally, Susan frequently provides strategic advice to top-level executives and general counsel alike regarding healthcare reform and healthcare policy at the state and federal level, working to help craft legislative language when necessary.

Susan's experience includes counseling clients on Medicaid upper payment limit, 1115 waiver programs, graduate medical education (GME) reimbursement and the establishment of value-based payment initiatives in government programs, such as Accountable Care Organization (ACO) models, patient-centered medical homes, care coordination entities and other clinically-integrated networks (CIN).

Susan has extensive experience with commercial and government payment managed care issues, including compliance with marketing, downstream contracting provisions and value-based care modelling with healthcare providers.

In particular, Susan is well-known for her knowledge of issues involving children's hospitals, working to develop Medicaid programmatic solutions, implement legislative and advocacy strategies and bringing a multi-dimensional set of problem-solving skills to client representation.

During the COVID-19 pandemic, Susan has guided clients through many regulatory hurdles, ensuring compliance with Provider Relief funding requirements, audits and attestations. She has led active efforts to obtain additional legislative funding for providers under the CARES Act.


Professional experience

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  • JD, University of Houston Law Center, 1988
  • BA, public policy studies and history, with honors, Duke University, 1985
  • Texas State Bar
  • Work with several private equity-backed telehealth companies to ramp up telehealth services for coronavirus testing and provision of services in multiple states. Managed the Medicaid and Medicare enrollment, billing, and compliance issues; work with state agencies to comply with testing and other waivers for COVID-19.
  • Provide guidance to several clients regarding audits and CARES Act Provider Relief Fund attestation and payments.
  • Worked with CMS and HHS to obtain funding formula for clients under Provider Relief Fund reflective of Medicaid patients treated.
  • Represented 12 of the nation's largest children's hospitals in securing a nationally significant Medicaid reimbursement litigation win in multiple district courts and several courts of appeals against the government for improperly promulgating a Medicaid policy and for pursing informal guidance as though it was policy. Since 2014, these hospitals, and many others were denied tens of millions of dollars of DSH Medicaid funding.
  • Secured an appellate victory for two hospitals. The US Court of Appeals for the Eighth Circuit affirmed a district court order enjoining the defendants, the administrator for the Centers for Medicare & Medicaid Services (CMS) and the secretary of the US Department of Health & Human Services (HHS), from enforcing a Medicaid policy set forth in a frequently-asked-questions document (FAQ 33).
  • Represented a large reference laboratory in obtaining reinstatement of a CLIA license and restricting the arrangement with pathology practices for purposes of moving forward with innovative laboratory testing services.
  • Represented a unique coalition of the United States' largest freestanding children's hospitals to develop special national network options in Medicaid policy for children with complex conditions including legislative language; draft responses to specific legislative interest by Congress, the Congressional Budget Office, and the CMS; and claims and data development. Authored legislation introduced in the US Congress through two congressional sessions, including advocating for clients, working with legislative counsel, and advising a trade association on changes to statutory language and policy impact.
  • Successfully obtained multiple injunctions on behalf of multiple children's hospitals in dispute with CMS over disproportionate share hospital (DSH) reimbursement disputes in multiple states, including Minnesota, Virginia, Texas, and Washington.
  • Represented clients before federal appeals courts in DSH administrative law disputes with CMS.
  • Conducted discussions with the US Congress and the executive branch to help ensure that the nation's investment in child health is protected and sustained on behalf of clients. Represents the nation's major pediatric trade association in efforts to reauthorize the children's graduate medical education program and support Medicaid and other children's hospital initiatives.
  • Created intergovernmental transfer arrangements under the state Medicaid upper payment limit statute for graduate medical education.
  • Served as a strategic partner and a lead in negotiations with a state Medicaid program to create a care coordination and accountable care entity. Created and negotiated all provider contracts and subcontracts; helped establish and create shared savings formulas; and worked to facilitate and negotiate a contract with the state agency.
  • Represented clients in Congress during the passage of the ACA, specifically relating to DSH funding, Medicaid reimbursement, pediatric accountable care organization development, and other potential workforce funding opportunities. Established meetings with key congressional members and analyzed, counseled, and drafted alternatives to legislative language.
  • Facilitated an interface with Center for Medicare and Medicaid Innovation (CMMI) officials relating to the consideration of differing sites of service for certain cardiac catheterization procedures as a means to increase quality outcomes while saving costs. Advised the client on grant proposals submitted to the CMMI.
  • Analyzed and created multiple hospital-within-hospital arrangements and worked with Medicare fiscal intermediaries to maintain or obtain such certification.
  • Handled Medicare and Medicaid licensing and certification issues associated with multiple changes of ownership.
  • Negotiated managed care contracts, provided review and analysis, and drafted multiple provider contracts.
  • Provided analysis and knowledge relating to managed care narrow network issues, including out-of-network usage nationally.
  • Provided analysis and guidance relating to health insurance fraud laws.
  • Consulted on issues associated with research compliance, residency training programs, and other issues specific to academic medical centers.
  • Counseled hospitals relating to drug diversion and similar CMS conditions of participation compliance issues.
  • Recognized for Healthcare: Texas Band 1, Chambers USA, 2019–2023
  • Houston Business Journal, 2022 Women Who Mean Business Honoree 
  • Recommended in Industry focus: Healthcare: service providers, The Legal 500 US, 2019–2021
  • Recognized as a Healthcare/Life Sciences Trailblazer, The National Law Journal, 2021
  • Named an MVP in Health, Law360, 2015 and 2018
  • Named Litigator of the Week, The Am Law Litigation Daily, 2018
  • Recognized as Attorney of the Year, Texas Lawyer, 2018
  • Recognized for Healthcare: Texas, Chambers USA, 2011–2018
  • Named Lawyer of the Year, Best Lawyers, 2017
  • Best Lawyers - Government Relations Practice, Best Lawyers, 2016 - 2020, 2022 - 2024
  • Best Lawyers - Health Care Law, Best Lawyers, 2006 - 2024
  • Best Lawyers Texas - Government Relations Practice and Health Care Law, 2022
  • Legal 500 US, Recommended Lawyer, Education, The Legal 500, 2023
  • Legal 500 US, Recommended Lawyer, Healthcare: Service providers, The Legal 500, 2023
  • Recognized by Texas Super Lawyers, 2008–2021
  • Included in Top 50 Women, 2009, 2011 and 2012; Top 100 Lawyers, 2011 and 2012, Texas Super Lawyers
  • Author, "Becerra v. Empire Health: US Supreme Court grapples with Medicare DSH formula; sides with HHS," Norton Rose Fulbright Legal Alert, July 2022
  • Author, "Win for hospitals: Unanimous SCOTUS overturns 2018 and 2019 340B drug reimbursement cuts; SCOTUS decides the agency interpretation case with no mention of Chevron," Norton Rose Fulbright Legal Alert, June 2022
  • Authors: Susan Feigin Harris, Denise Webb Glass, Shea Haass, and Jessie Johnson, "Operational challenges of the No Surprises Act continue to surprise providers; Good faith estimates, notice and consents and litigation and the IDR process appear to be raising the most implementation concerns; Norton Rose Fulbright Legal Alert, June 2022
  • Author, Answering questions raised by the No Surprises Act, Norton Rose Fulbright Legal Webinar, June 2022
  • Board Certified in Health Law, Texas Board of Legal Specialization
  • Member, Healthcare Editorial Advisory Board, Law360, 2018–2022
  • Member, American Health Lawyers Association, AHLA; formerly served as vice-chair, In-House Counsel Practice Group, and founding co-chair, AHLA Children's Hospital Affinity Group
  • Member, Houston Bar Association; founding member, Health Law Section
  • Director, Texas Lyceum
  • Medical Class 2 Senior Fellow, American Leadership Forum
  • Member, American Bar Association
  • Former adjunct professor, University of Houston Law Center
  • Supreme Court of the United States
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for District of Columbia Circuit
  • US District Court for the Southern District of Texas
  • Supreme Court of Texas