2024 Post-Election Analysis: What Employers Need to Know

Drawing upon nearly 12 years of experience in a series of federal government health policy positions, attorney Philo Hall brings insight into the legal, policy, budgetary, and political factors influencing federal agency decision-making.

Philo’s experience includes:

• Counseling health plans, providers, manufacturers, and related investors on complex reimbursement issues arising under Medicare and Medicaid law and policies
• Advising health systems, health plans, and providers on the legal and regulatory matters arising under the transition to value-based care reimbursement and accountable care
• Providing interpretive and practical advice regarding the oversight and compliance requirements unique to Medicare Advantage and Medicare Prescription Drug plans, as well as responding to related federal sanctions
• Advising health care providers, health-related companies, financial institutions, and investors of health care industry trends and relevant federal and state public policy developments
• Aiding health care providers, health plans, and related companies in the development and operation of out-of-network billing arrangements to assure compliance with federal and state laws
• Advising public and private clients in the development of legislative and regulatory advocacy strategies involving government health programs, including assisting with the development and implementation of public stakeholder engagement efforts
• Counseling clients and conducting regulatory due diligence in connection with various strategic transactions, such as  mergers, acquisitions, and affiliations

Before joining Epstein Becker Green, Philo served as Counselor to Michael O. Leavitt, Secretary of the U.S. Department of Health and Human Services. In that role, Philo directly advised the Secretary and the White House on a diverse portfolio of issues facing the Centers for Medicare & Medicaid Services, the Substance Abuse and Mental Health Services Administration (also known as “SAMHSA”), the Office of Civil Rights, the Administration for Children and Families, the Centers for Disease Control, and the Office of the Assistant Secretary for Health.

Philo earlier served as Associate Director for Health on the staff of the White House Domestic Policy Council, advising the President of the United States and senior staff on emerging health care issues, legislation, and regulatory matters. This position involved overseeing federal agency implementation of the administration’s health care priorities, with a particular focus on behavioral health, including managing the formation and operation of the President’s New Freedom Commission on Mental Health. Philo also served on the professional staff of the U.S. Senate Committee on Health, Education, Labor, and Pensions, under Chairman James M. Jeffords (R-VT), where he developed legislation on Medicare provider reimbursement, commercial insurance regulation, and health information privacy.

During law school, Philo was a judicial intern for the Hon. Richard J. Leon of the U.S. District Court for the District of Columbia; a member of the Journal of Contemporary Health Law and Policy; and a student attorney at Columbus Community Legal Services, representing low-income elderly clients in the District of Columbia.

Attorney Rachel Snyder Good draws on her 11 years of legislative experience, as well as her understanding of health law and legal background, to help health care organizations create better health outcomes and modernize the health care industry.

A trusted counselor, Rachel provides advice to clients on a wide range of health care matters, with an emphasis on strategy, regulatory, and compliance issues. Clients value her in-depth knowledge of federal health care policy and regulatory issues, her strategic and creative thinking, and her ability to navigate them through the complex health care regulatory system in order to advance the coverage of new health care technologies. Rachel has a particular interest in new offerings such as telehealth, digital health, artificial intelligence, and femtech.

In addition to guiding health care and life sciences clients through complex health regulatory and compliance challenges, Rachel partners with employers to proactively improve accessibility through compliance with the Americans with Disabilities Act (ADA). Employers view her as a business ally who understands their unique needs, anticipates problems, and provides effective solutions.

David McNitt is a Partner of The National Group and a non-lawyer Partner of the affiliated firm, the Oldaker Group. Mr. McNitt’s practice focuses on federal regulatory and legislative matters across a diverse portfolio of issues including health care policy, the federal budget, transportation policy, environmental policy and energy policy. He has represented the federal interests of hospital systems, medical device companies, healthcare associations, technology companies, universities and non-profits before Congress and federal agencies. Mr. McNitt joined The National Group in 2005, where he matched clients’ internal funding priorities with federal resources, and secured substantial federal appropriations for projects of regional and national importance. In 2006, Mr. McNitt joined the Oldaker firm, where he focuses on healthcare policy. He has worked extensively on issues relating to the Patient Protection and Affordable Care Act, extramural federal health care research and programmatic funding and the Food and Drug Administration Safety and Innovation Act among other legislative and regulatory healthcare matters. In addition to his professional policy and advocacy work, Mr. McNitt has worked on national and state-wide political races, including a presidential campaign. He has advised political action committees (PACs) on compliance issues, and managed federal and state reporting requirements for House, Senate and state candidates.Mr. McNitt grew up in southeastern Pennsylvania, and is an avid Philadelphia sports fan. He left the Keystone state for college and graduated with honors from Tulane University with a B.A. in Political Science and German. He also studied political science at St. Andrew's University in Scotland.

Kim Thiboldeaux is a seasoned, passionate health care leader with experience in both the private and non-profit sectors, spanning multiple disease areas and health care topics including HIV and AIDS, organ transplant, oncology, caregiving, patient navigation, and health equity.

Kim served as CEO of the Cancer Support Community (CSC) for 20 years, from 2000-2020, leading a global nonprofit network that operates at 175 locations, including CSC and Gilda’s Club centers, and in multiple hospitals and cancer clinics. Combined with a toll-free Helpline, a Research Institute, and a DC-based Policy Institute, Kim grew this network of professionally-led services five-fold during her tenure. In her last year as CEO, the organization provided more than $50 million in free support and navigation services to patients and families.

Kim’s service includes appointments to the nation’s premier health care panels and boards. In 2019, Dr. Francis S. Collins, Director of the National Institutes of Health, appointed Kim to the Novel and Exceptional Technology and Research Advisory Committee. This panel is focused on providing advice and serving as a transparent forum for discussion of the scientific, safety, and ethical issues associated with emerging biotechnologies. In 2017, Kim was appointed to serve on the Biden Cancer Initiative’s Board of Directors.

In serving as a patient advocate on these high-profile boards and panels, Kim has brought attention to inequities in our health care system. In 2019, she joined Navajo Nation President Jonathan Nez, Dr. Jill Biden, and leaders of the Tuba City Regional Health Care Corporation in Arizona to mark the opening of the first-ever full-time cancer and support center on an American Indian Reservation. Kim helped convene key Navajo Nation leaders, private sector supporters, and other officials to establish this culturally-adapted program located in an area larger than the state of West Virginia. That work led to the opportunity to develop a full-length, feature documentary, Navajo Nation USA, about the cancer center and the triumphs and challenges of the Navajo people. Kim is Executive Producer and Writer on the film (www.NavajoNationUSA.com).

In 2020, Stand Up To Cancer appointed Kim to its Equity Breakthrough Research Review Team, focusing on cancers affecting underrepresented populations. In 2019, the International Psychosocial Oncology Society presented Kim with the President’s Community Award for Distinguished Contributions at its Global Congress in Canada.

Kim has led numerous other initiatives to help patients and families in need. Most notably, she launched an emergency fund in the wake of the COVID-19 pandemic that provided financial relief grants to thousands of patients affected by the economic downturn and expanded the organization’s professionally-staffed Helpline as the call volume nearly doubled. In addition, as part of a two-year collaboration she led with Airbnb, more than 3,000 patients in need were provided free housing while traveling for treatment.