Jeffrey A. Lovitky

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Biography

Law Office of Jeffrey A. Lovitky, 1991 - current, Epstein, Becker & Green, 1988-1999; U.S. Department of Justice, Washington, D.C., 1984-1988. U.S. Army Judge Advocate General Corps, 1981-1983. LL.M. Degree in Government Procurement Law, George Washington University National Law Center (1988). Author: "The Appellate Implications of Sebelius v. Auburn Regional Medical Center" , JURIST – Sidebar, Feb. 14, 2012; "Recent Cases Interpreting the Medicare Anti-Kickback Act," Health Care Law Monthly, October 2006; "The Privacy of Health Information: Consents and Authorizations under HIPAA," The Florida Bar Journal, May 2002; "OIG Model Compliance Programs," Healthcare Financial Management, March 2002; "The Medicare Anti-Kickback Statute: Understanding the Intent Requirement," Health Care Law Monthly, May 2001; "The National Practitioner Data Bank: Coping with the Uncertainties," Journal of Health Law, Spring 2000; "White-Collar Crime: Most false-claims actions arise in the context of fraud against various federal health-care programs," California Law Business, May 24, 1999; "Designing Compliance Programs That Foster Ethical Behavior," Healthcare Financial Management, March 1999; "Qui Tam Litigation: A Practical Primer," Journal of the Association of Trial Lawyers of America, January 1999; "Health Care Fraud: A Growing Problem," Nursing Management, November 1997; "Medicare/Medicaid Fraud: A Growing Area Of Concern For Health Care Providers," Michigan Bar Journal, March, 1997; "Medicare Fraud & Podiatrists," Podiatry Management Magazine, November, 1996; "Shutting Down the Federal Government," Legal Times of Washington, July 8, 1996; "Dispute Resolution Procedures Under Federal Contracts," The Florida Bar Journal, Vol. LXIX, No. 11, December, 1995; "Procurement Integrity Returns: An Analysis of the Impact of Section 27 of the OFPP Act on the Federal Procurement Community," Washington Legal Foundation, Critical Legal Issues, Working Paper Series No. 47, September, 1991; "Key Problems in Attaining 8(a) Certification," Minority Business Journal, Vol. 5, No. 6, September-October, 1990; "New Lobbying Requirements Imposed on Federal Grantees," Nonprofit World, Vol. 8, No. 5, September-October, 1990; "New Anti-Lobbying Law Will Have Major Impact," The Los Angeles Daily Journal, Vol. 103, No. 121, June 18, 1990; "Congress Tightens Noose on Lobbying by Federal Grantees," The Taft Nonprofit Executive, Volume IX, Number 9, May 1990; "New Realities in Pricing Government Contracts," Federal Acquisition Report, May, 1990; "Unisys v. United States: Federal Circuit Ushers New Uncertainties into Defective Pricing Cases," Public Contract Newsletter, Volume 25, Number 3, Spring, 1990; "Procurement Integrity Law Deserved Suspension," Legal Times of Washington, March 19, 1990; "Applying the Exemptions to Cost or Pricing Data," Volume 18, Number 1, Public Contract Law Journal, November, 1989; "Current Issues in Defective Pricing Cases," Public Contract Newsletter, Volume 24, Number 4, Summer 1989; "A Review of the Byrd Amendment: What are its Implications for the Grantee Community?" Grants Magazine, Vol. 12, No. 2, June 1989; "Understanding Causation and Determining the Price Adjustment in Defective Pricing Cases," 17 Public Contract Law Journal 407 (1988); "The Defense of Fraud Proceedings Cost Principle, Government Contract Costs," Pricing & Accounting Report, November 1988; "Fact Versus Judgment in Defining Cost or Pricing Data," Contract Management Magazine, September 1988; "Certification of Government Contract Claims Under the Contract Disputes Act," 16 Public Contract Law Journal 551 (1987); "Cost or Pricing Data Defined: An Analysis of Disclosure Requirements Pursuant to Truth-in-Negotiations," National Contract Management Journal, Winter, 1987; "Understanding the Submission Requirement for Cost or Pricing Data," National Contract Management Journal, Summer, 1987; "Privatization and OMB A-76: The Case For Contracting-Out," Contract Management Magazine, November, 1986; "Problems of Government Contracting for Consulting Services," 14 Public Contract Law Journal 332 (1984); "An Analysis of General Accounting Office Decisions Pertaining to Unbalanced Bidding," 14 Public Contract Law Journal 178 (1983); "Torncello & Soledad Enterprises, Inc., v. United States: A Return to the Common Law," The Army Lawyer, January, 1983.



(Board Certified Health Law Lawyer, Florida Bar Board of Legal Specialization and Education)

Areas of Practice (22)

  • Health Law
  • Government Contracts
  • Medicare and Medicaid
  • Medicare and Medicaid Reimbursement
  • Medicare Fraud and Abuse
  • Government Health Care Contracts
  • Health Care Litigation
  • Health Care Regulation
  • Health Care Reimbursement
  • Federal Contracts
  • Government Procurement
  • Bid Protests
  • Defense Contracts
  • Government Contract Fraud
  • Defense Contract Fraud
  • Administrative Law
  • Administrative Adjudications
  • Administrative Agency Practice
  • Federal Administrative Law
  • Judicial Review
  • Administrative Hearings and Appeals
  • Administrative Litigation

Education & Credentials

Contact Information:
202-429-3393  Phone
202-318-4013  Fax
www.lovitky.com
University Attended:
University of Michigan, B.A., 1976
Law School Attended:
Thomas M. Cooley Law School, J.D., 1980; George Washington University, LL.M., Government Procurement Law, 1988
Year of First Admission:
1980
Admission:
1986, District of Columbia; 1980, Michigan; 1982, Connecticut; 1982, Florida
Memberships:
American Health Lawyers Association

The Florida Bar

District of Columbia Bar


Military:

Captain, U.S. Army (JAGC) 1980-1984

U.S. Army Reserves (JAGC) 1984-1988

Special Agencies:
United States Government Accountability Office; United States Civilian Board of Contract Appeals; Armed Services Board of Contract Appeals; United States Department of Health and Human Services Provider Reimbursement Review Board.
Birth Information:
Flint, Michigan, September 22, 1954
Reported Cases:

UNITED STATES COURT OF APPEALS

Gatt v. Foxx, No. 14-1040, 2016 U.S. App. LEXIS 667 (D.C. Cir. 2016)

Catholic Healthcare West v. Sebelius, 748 F.3d 351 (D.C. Cir. 2014)

Sebelius v. Auburn Reg’l Med. Ctr., 133 S. Ct. 817 (2013) (amicus)

Metro. Hosp. v. United States HHS, 712 F.3d 248 (6th Cir. 2013) (amicus)

Univ. of Wash. Med. Ctr. v. Sebelius, 634 F.3d 1029 (9th Cir. 2011)

Gundersen Lutheran Med. Ctr., Inc. v. Sebelius, 666 F.3d 1335 (D.C. Cir. 2011)

Cooper Univ. Hosp. v. Sebelius, 636 F.3d 44 (3d Cir. 2011) (amicus)

Am. Council of the Blind v. Paulson, 525 F.3d 1256 (D.C. Cir 2008)

St. Joseph Hosp. v. Leavitt, 280 Fed. Appx. 587 (9th Cir. 2008)

Chippewa Dialysis Servs. v. Leavitt, 511 F.3d 172 (D.C. Cir. 2007)

UNITED STATES FEDERAL DISTRICT COURTS

St. Vincent’s Med. Ctr. v. Burwell, 2016 U.S. Dist. LEXIS 146044 (D.D.C. Oct. 21, 2016)

Empire Health Found. v. Burwell, 2016 U.S. Dist. LEXIS 127095 (D.D.C. Sept. 19, 2016)

Loma Linda Univ. Kidney Ctr. v. Burwell, 185 F. Supp. 3d 196 (D.D.C. 2016)

Catholic Healthcare W. v. Sebelius, 919 F. Supp. 2d 34 (D.D.C. 2013)

Gundersen Lutheran Med. Ctr., Inc. v. Johnson, 2009 U.S. Dist. LEXIS 21816 (D.D.C. 2009)

Am. Council of the Blind v. Paulson, 2008 U.S. Dist. LEXIS 77601 (D.D.C. 2008)

Alpena Dialysis Servs. v. Leavitt, 2006 U.S. Dist. LEXIS 83059 (D.D.C. 2006)

Am. Council of the Blind v. Paulson, 463 F. Supp. 2d 51 (D.D.C. 2006)

Rush Presbyterian-St. Luke’s Med. Ctr. v. Thompson, 362 F. Supp. 2d 25 (D.D.C. 2005)

Am. Council of the Blind v. Snow, 311 F. Supp. 2d 86 (D.D.C. 2004)

UNITED STATES COURT OF FEDERAL CLAIMS

NVT Techs., Inc. v. United States, 73 Fed. Cl. 459 (2006)

Anderson Columbia Envtl. Inc. v. United States, 43 Fed. Cl. 693 (1999)

Anderson Columbia Envtl. Inc. v. United States, 42 Fed. Cl. 880 (1999)

TS Infosystems v. United States, 36 Fed. Cl. 570 (1996)

DISTRICT OF COLUMBIA COURT OF APPEALS

Gage v. District of Columbia Bd. of Zoning Adjustment, 738 A.2d 1219 (1999)

UNITED STATES BANKRUPTCY COURT

In re TS Infosystems, Inc., 1990 Bankr. LEXIS 1432, Case No. 89-4-0837-PM Chapter 11, July 3, 1990

U.S. DEPARTMENT OF TRANSPORTATION

Eldad Gatt v. Saudi Arabian Airlines; DOT-OST-2016-0176

Jonathan Parker v. Saudi Arabian Airlines; DOT-OST-2015-0093

Tasha Grant v. Saudi Arabian Airlines; DOT-OST-2015-0094

Christopher Nethery v. Saudi Arabian Airlines; DOT-OST-2015-0143

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES PROVIDER REIMBURSEMENT REVIEW BOARD

Dartmouth Medical Center v. Anthem Health Plans of New Hampshire, Case No. 02-0632, U.S. Department of Health & Human Services Provider Reimbursement Review Board, Decision No., 2006-D26, June 2, 2006

UMass Memorial Medical Center v. Blue Cross Blue Shield Association, Case No. 02-1213, U.S. Department of Health & Human Services Provider Reimbursement Review Board, June 14, 2005

Alpena Dialysis Services v. Blue Cross Blue Shield Association, Case No 01-0742, U.S. Department of Health & Human Services Provider Reimbursement Review Board Decision No., 2004-D6, Dec. 22, 2003

Howard Young Medical Center v. Blue Cross Blue Shield United of Wisconsin, Case No. 95-0113, U.S. Department of Health & Human Services Provider Reimbursement Review Board

UNITED STATES BOARDS OF CONTRACT APPEALS

NVT Technologies, Inc. 2005-1 B.C.A. (CCH) P32, 969, EBCA No. C-0401372, April 20, 2005

NVT Technologies, Inc. v. General Services Administration, Respondent. 2004-2 B.C.A. (CCH) P32, 655, GSBCA No. 16175, May 27, 2004

Carousel Development, Inc. Armed Services Board of Contract Appeals, 2001-1 B.C.A. (CCH) P31,262, ASBCA No. 50719, January 23, 2001

I-NET, Inc., v. Department of the Army GSBCA LEXIS 67, GSBCA No. 13128-P, March 2, 1995 (co-counsel)

Appeal Of Superior Surgical Mfg. Co., Inc., 93-2 B.C.A. (CCH) P25, 826, Docket No. VABCA-3748, February 19, 1993

TS Infosystems, Inc., v. Department of Commerce, 1992 GSBCA LEXIS 473, GSBCA No. 10794-COM-REIN, November 9, 1992

Appeal of TS Infosystems, Inc., 91-2 B.C.A. (CCH) P23, 794, GSBCA No. 10794-COM, February 21, 1991

In re TS Infosystems, Inc., 36 Cont. Cas. Fed. (CCH) P75, 911. 1990 Bankr. LEXIS 1432 (1990)

Protest of Rocky Mountain Trading Company, 1987 GSBCA LEXIS 799, GSBCA No. 8927-P, April 6, 1987

Appeal of R.P. Sita, Inc. 85-1 B.C.A. (CCH) P17, 928; DOCKET NO. 1593, March 6, 1985

UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE

Horizon Industries, 2008 U.S. Comp. Gen. LEXIS 11, B-310542 (Jan. 7, 2008)

NVT Technologies, Inc. 2006 U.S. Comp. Gen. LEXIS 30, B-297524, B-297524.2 (Feb 2, 2006)

Universal Marine & Industrial Services, Inc., 2003 U.S. Comp. Gen. LEXIS 248, B-292964, December 23, 2003

NVT Technologies, Inc., 2003 U.S. Comp. Gen. LEXIS 174, B-292302.3, October 20, 2003

NVT Technologies, Inc., 2002 U.S. Comp. Gen. LEXIS 5; B-289087, January 3, 2002

Satellite Services, Inc., 2001 U.S. Comp. Gen. LEXIS 13, B-286508; B-286508.2, January 18, 2001

Rockville Mailing Service, Inc., 1997 U.S. Comp. Gen. LEXIS 129, B-275073; B-275073.2, January 23, 1997

Rockville Mailing Service, Inc., 1996 U.S. Comp. Gen. LEXIS 200, B-270161.2, April 10, 1996

DCT, Inc., 1995 U.S. Comp. Gen. LEXIS 753, B-261894.2, November 22, 1995

Newport News Shipbuilding and Dry Dock Company; Combustion Engineering, Inc.; Sierra Nuclear Corporation; Case No’s B-261244.2, B-261244.3, B-261244.4, B-261244.5, September 11, 1995 (co-counsel)

NVT Technologies, Inc., 1994 U.S. Comp. Gen. LEXIS 428, B-256072, B-256072.2, May 6, 1994

Ameriko Maintenance Company, 1993 U.S. Comp. Gen. LEXIS 791, B-253274; B-253274.2, August 25, 1993

Anderson Columbia Co., Inc., 1993 U.S. Comp. Gen. LEXIS 96, B-249475.3, February 5, 1993

Anderson Columbia Co., Inc., 1992 U.S. Comp. Gen. LEXIS 1300, B-250530, November 24, 1992

Certifications:
( Board Certified Health Law Lawyer, Florida Bar Board of Legal Specialization and Education )
ISLN:
905345701
Hobbies & interests:
Lead attorney in landmark case brought on behalf of the American Council of the Blind to require that U.S. currency be made accessible to the blind

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Washington, District of Columbia

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