Chris Flynn is a partner in Crowell & Moring's Washington, D.C. office and is co-chair of the firm's Health Care Litigation Team, and a Health Care Group Steering Committee member. Chris focuses his practice on complex commercial litigation before federal and state courts, administrative agencies and arbitral forums. Chris regularly represents HMOs, PPOs, IPAs, TPAs, health benefit plans, fiscal intermediaries, managed behavioral healthcare organizations, plan sponsors and health care industry associations in various litigation and regulatory matters. Chris' experience includes all areas of health care, including payor/provider contract disputes, class action defense, ERISA preemption, subrogation disputes, regulatory challenges and whistleblower claims. Chris has also briefed health care matters for the Supreme Court as counsel for amicus curiae.
Chris also represents biotechnology companies in contract and licensing disputes before state and federal courts, bringing his wealth of litigation experience to bear in order to streamline complex issues.
In addition to his work as defense counsel for health care clients, Chris represents corporate clients pursuing damage claims as plaintiffs. Of note are approximately twenty-five cases in which Chris has represented health plans that were underpaid premiums by the federal government under the Federal Employees Health Benefits Program. Chris and his colleagues have recovered over $300 million for these clients to date.
Chris received his bachelor's degree from the George Washington University and his law degree from the Columbus School of Law at the Catholic University of America. Chris is also an active member of the American Bar Association, Health Law and Litigation Sections as well as the American Health Lawyers Association.
Chris is a member of the Maryland and District of Columbia bar.
- Successfully represented payor in $250 million nationwide dispute with hospital system regarding coding practices.
- Represents coalition of health care entities challenging enforcement of Federal Mental Health Parity Regulations for failure to engage in notice and comment rulemaking.
- Secured dismissal of $30 million lost profits claim against a managed care organization by a hospital system based on the alleged refusal to permit the system to participate in a provider network.
- Successfully secured $18 million arbitration award on behalf of a Medicare Advantage plan against a multi-specialty provider group that solicited plan members to a competing plan.
- Represent plan in a putative national class action regarding balance billing by emergency room physicians.
- Represented managed behavioral healthcare organization in several putative class actions involving impact of state parity laws on claims for eating disorder coverage.
- Participated in trial team that secured directed verdict on behalf of health plan against four regional health systems challenging out-of-network reimbursement.
- Represent health plan in a putative class action regarding appropriateness of co-pays for outpatient emergency services.
- Represented Florida health plan in a dispute with a hospital system regarding the manner in which non-participating providers are compensated under Florida law.
- Represented managed care organization in a dispute with a state employees health benefits program regarding appropriateness of premium payments.
- Secured dismissal of $300 million putative class action against managed care support contractor in the CHAMPUS/Tricare program based on alleged underpayment of outpatient hospital claims. Ruling affirmed on appeal by the Third Circuit.
- Represented employee assistance program in Federal District court and before the Second Circuit in duty to warn case in which the District Court granted summary judgment and the Second Circuit affirmed.
- Represented health plan in putative class action in which a consumer class alleged violation of ERISA in the denial of residential treatment claims.
- Represented staff model HMO in a consumer class action relating to subrogation practices that allegedly violated state law.
- Tried case on behalf of HMO to defense verdict in a state law action brought by a DME provider challenging non-participating provider reimbursement rates.
- Successfully represented staff model HMO in matter in which the trial court vacated a TRO prohibiting the plan from terminating an allegedly "bona fide" employer group.
- Successfully represented licensor of genomic data at trial in a license dispute with a pharmaceutical company regarding most favored nation pricing.
- Represent national Medicare Advantage plan in a dispute with an ESI vendor relating to transmission of claims data.
- Successfully challenged state insurance commissioner's interpretation of health plans' ability to collect last month premiums in the individual market.