Margaret M. Manning

Margaret M. Manning has more than 40 years’ experience in health care law. She began her career in the Office of the General Counsel of the U.S. Department of Health and Human Services, Health Care Financing Division, where she provided program advice, reviewed and revised proposed regulations, and represented the Medicare and Medicaid programs in litigation in Federal court.

Thereafter, she practiced for more than 15 years with national health care firms in Baltimore and Los Angeles. In 2009, she and her partner began practicing in a new, two-person firm in the San Juan Islands in Washington State.

Her experience includes Medicare and Medicaid provider audits and appeals; health care regulatory compliance audits; fraud and abuse defense; Medicare certification and coverage disputes; utilization and peer review; licensing, accreditation, and credentialing; HIPAA privacy; and organizational advice.

Peg has briefed and argued a substantial number of important appellate health care cases dealing with Medicare reimbursement, jurisdiction, peer review, and fraud defense. Among the cases she litigated are:

  • O’Bannon v. Town Court Nursing Center, 424 U.S. 773 (1980) (agency counsel); Town Court Nursing Center v. Beal, 586 F.2d 266 (3d Cir. 1978), 586 F.2d 280 (3d Cir. 1978) (lead counsel) (provider decertification and transfer trauma)
  • Bowen v. Georgetown University Hospital, 109 S.Ct. 468 (1988) (brief amicus curiae on behalf of American Hospital Association and state hospital associations) (retroactive rulemaking)
  • County of Los Angeles v. Sullivan, 969 F.2d 735 (9th Cir.1992) (Medicare ancillary services payment)
  • Swedish Hospital Corporation v. Shalala, 1 F.3d 1261 (D.C. Cir. 1993) (attorneys’ fees in class action)
  • St. Agnes Hospital v. Bowen, 905 F.2d 1563 (D.C. Cir. 1989) (interest on Medicare reimbursement appeals)
  • Beverly Hospital v. Bowen, 872 F.2d 483 (D.C. Cir. 1989) (representing the American Hospital Association and the hospital class in a national class action challenging Medicare payment)
  • State of Oregon v. Bowen, 854 F.2d 346 (9th Cir. 1988) (Medicare cost report reopening)
  • Mt. Diablo Hospital District v. Bowen, 860 F.2d 951 (9th Cir. 1988) (Medicare TEFRA bonuses)
  • Tallahassee Memorial Regional Medical Center v. Bowen, 815 F.2d 1435 (11th Cir. 1987)(self-disallowance of Medicare claims; retroactive effect of revised Medicare malpractice rule)
  • St. James Hospital v. Heckler, 760 F.2d 1460 (7th Cir. 1985) and Bedford County MemorialHospital v. DHHS, 769 F.2d 1017 (4th Cir. 1985) (validity of Medicare malpractice rule)

Peg has also represented hospitals, physicians and suppliers in defense of false claims, sanction and overpayment matters. She has coordinated the analysis of Medicare and Medicaid false claims allegations against numerous providers and suppliers, and developed extensive factual and legal submissions to contradict unfounded allegations. She obtained a series of Part B appeal decisions returning close to $5 million to a supplier whose Medicare claims had wrongfully been denied.

From 2000-2007, Peg focused on alternative dispute resolution, and served as Commissioner on the County of Los Angeles Commission on Hospitals and Health Services.

Peg has spoken and written on health care issues at national health care associations, including the American Health Lawyers` Association (AHLA) and the Health Care Financial Management Association. She was elected to the AHLA Board of Directors for two terms, 1992-1999, and was elected a Fellow of AHLA in 2007.

Peg is admitted to practice in Washington State, California and the District of Columbia, and before the Third, Fourth, Sixth, Seventh, Eighth, Ninth, Eleventh and District of Columbia Circuit Courts of Appeals, as well as numerous federal district courts.

She received the Bachelor of Arts degree in political science/planning from the University of Pennsylvania, Philadelphia, PA, in 1970, and the Juris Doctor degree from the Temple University School of Law, Philadelphia, PA, in 1975.