Romano Played Key Role in Developing Current Stark Law Regulations

Washington, D.C. – Foley & Lardner LLP announced today that Donald H. Romano has joined the firm as of counsel. He will be a member of the Health Care Industry Team and reside in the Washington, D.C. office. Previously, Romano was a partner at Arent Fox LLP and Division Director at the Centers for Medicare & Medicaid Services (CMS).

Romano brings more than 25 years of experience as a regulatory attorney. During his tenure at CMS, he was responsible for the development of the current Stark Law regulations and Provider Reimbursement Review Board (PRRB) appeals procedures regulations. In addition, he contributed to the development of other regulatory policies, such as the anti-mark-up payment limitation for diagnostic tests, and had primary responsibility for a number of Medicare payment policies, including transplant center certifications and decertifications, assignment, reassignment, and various statutory payment exclusions, among others.

Previously, Romano also served as a senior attorney in the U.S. Department of Health & Human Services (HHS) Office of the General Counsel, during which time he handled major reimbursement litigation, program integrity and program advice matters affecting the Medicare program.

“Don’s in-depth familiarity with the health care regulatory system, including his direct involvement in developing the Stark Law regulations, will help us to better serve our clients facing physician self-referral issues and other compliance challenges,” said Lawrence W. Vernaglia, chair of the firm’s Health Care Industry Team. “His arrival strengthens our existing team of health care practitioners, many of whom have also served in key government agencies. There are very few attorneys with his breadth of experience and knowledge concerning all things Medicare.”

Romano focuses his practice on counseling clients regarding compliance, reimbursement and litigation issues involving a complex array of federal regulatory authorities, including the Physician Self-Referral Statute (Stark), Anti-Kickback Statute, the False Claims Act, the Civil Monetary Penalties Statute, the Exclusion Statute, Health Insurance Portability and Accountability Act and other laws and regulations.
“Foley’s array of service offerings provides many opportunities for me to augment my experience and further expand my practice,” said Romano. “I look forward to collaborating with my new Foley colleagues to assist clients with their complex health care issues.”

Romano is a recipient of the 2006 Secretary’s Distinguished Service Award, regarded as the highest individual award given by the HHS, in recognition of his extraordinary leadership and contribution to the Department.

“Don is a welcome addition to our growing team of attorneys in the D.C. office,” said Scott L. Fredericksen, managing partner of Foley’s Washington, D.C. office. “Our clients will benefit from having access to the depth of his experience.”

With nearly 1,000 attorneys in 21 offices, Foley & Lardner LLP provides award-winning business and legal insight to clients across the country and around the world. Our team-based approach, innovative technology, and focus on value and client service are continually recognized by our clients and the legal industry. In a recent survey* of Fortune 1000 corporate counsel, Foley received a top 10 ranking out of more than 500 firms for our strong client focus, breadth of service, innovation, and value for the dollar. In addition, Foley was a Top 10 firm on the U.S. News – Best Lawyers® 2010 “Best Law Firms” list, based on the total number of first-tier metropolitan rankings, and CIO magazine recognized Foley for technological innovation that enhances business value by naming the firm to its prestigious CIO-100 list. Learn more at

*The BTI Consulting Group (Wellesley, Massachusetts)


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