Spencer Bruck

Counsel | He/Him/His

Overview

Spencer Bruck represents health care entities in government enforcement actions and high-stakes litigation, and provides regulatory guidance with a focus on mental health parity law.

Mental Health Parity

Spencer is adept at navigating the evolving landscape of mental health parity regulation, providing comprehensive guidance to health care organizations navigating the complexities of federal and state parity laws. He collaborates with national and regional health plans to ensure compliance with parity regulations, addressing issues related to network access, reimbursement rates, and other non-quantitative treatment limitations. Spencer’s experience extends to drafting comparative analyses, liaising with regulators, and defending organizations in government inquiries and enforcement actions.

Recently, Spencer led a team in resolving complex state parity enforcement actions for major health plans, ensuring compliance and mitigating potential penalties, thereby safeguarding the client’s operational integrity and market position.

Government Enforcement

Spencer joined the firm from the Office of the New York State Attorney General where he led civil health care fraud and qui tam investigations involving managed care organizations, pharmaceutical companies, national pharmacies chains, hospital groups, nursing homes, and independent medical groups. These investigations arose under the False Claims Act, Anti-Kickback Statute, Stark Law, the New York State Executive and Social Services laws, and managed care contracts. As part of his investigations, Spencer regularly liaised with CMS, HHS-OIG, DOJ, NYS DOH, and NYS OMIG. Spencer also negotiated self-disclosures with providers involving the HHS-OIG, the NYS OMIG, and the NYS MFCU protocols.  

Spencer’s government experience helps him represent health care entities in government enforcement actions, including responding to investigations, administrative actions, surveys, and audits; conduct internal investigations or compliance reviews; and counsel health care entities on regulatory policy and guidance.

Litigation

Spencer is a seasoned litigator who focuses on defending managed care organizations in high-stakes payor/provider contract disputes, discovery disputes, and fraud cases across federal, state, and arbitral forums. His collaborative approach, working closely with subject matter experts and other firm lawyers, drives exceptional results for his clients. Spencer’s extensive experience in all phases of litigation—including drafting dispositive motions,  taking and defending depositions, and trial preparation—ensures comprehensive and strategic legal support for his clients. 

Career & Education

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    • New York
      Special Assistant Attorney General, 2021–2023
    • New York
      Special Assistant Attorney General, 2021–2023
    • University of Michigan, with distinction
    • Georgetown University Law Center
    • University of Michigan, with distinction
    • Georgetown University Law Center
    • New York
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Eastern District of New York
    • New York
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Eastern District of New York

Representative Matters

  • Conducted a qui tam investigation into a non-profit FQHC regarding False Claim Act allegations involving accounting for threshold visits.
  • Conducted a qui tam investigation into a national pharmacy retailer regarding False Claim Act allegations involving partial-fill and restocking issues.
  • Conducted a qui tam investigation into a hospital regarding False Claim Act allegations involving split/shared and physician supervision issues.
  • Conducted a qui tam investigation into an independent medical group and a pharmacy regarding False Claims Act and Stark Law issues involving rehabilitation services and prescriptions.
  • Conducted data analytics-driven investigation of MLTC regarding provision of services, retention of improper capitation payments, disenrollment, and compliance issues.
  • Conducted data analytics-driven investigation into modifiers used by managed care organization.
  • Conducted investigation into nursing homes involving patient neglect, understaffing, and financial fraud issues.
  • Negotiated self-disclosure with HHS-OIG, USAO, and hospital group regarding Anti-Kickback Statute and Stark Law issues.
  • Represented a multinational financial institution in a joint investigation by the Department of Justice and Securities and Exchange Commission into corruption issues in multiple international markets.
  • Conducted an internal investigation for a medical device manufacturer into corruption issues in India.
  • Represented a steelmaker in litigation through trial and a successful appeal regarding the breach of a natural gas transmission agreement.
  • Represented a real estate investment firm in litigation against a joint venture partner regarding liquidation distributions.
  • Represented a financial services company in a FINRA arbitration regarding customers trading options on futures contracts.
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