Stephen M. Cowherd focuses his practice in the areas of health care and administrative law, and serves as co-chair of Pullman & Comley's Health Care practice. He has more than 20 years of experience representing clients before regulatory agencies and advising health care providers on compliance with fraud and abuse laws, Medicare and Medicaid enrollment and reimbursement rules, medical staff matters, patient rights issues, HIPAA, licensure and certificate of need proceedings. His transactional experience includes representing both hospitals and physicians in joint ventures, medical practice acquisitions, as well as mergers and reorganizations.
Steve spent the first seven years of his legal career at a large international law firm where he represented Fortune 500 clients in complex commercial litigation, regulatory compliance and internal investigation matters. His litigation experience includes: jury and bench trials in New York and Connecticut federal and state courts for health care, insurance, media, manufacturing and pharmaceutical companies; appellate arguments before the New York State Court of Appeals, Court of Appeals for the Second Circuit and New York Supreme Court Appellate Division; AAA, AHLA, and NASD arbitrations and a one-year assignment representing New York City as Special Assistant Corporation Counsel.
Prior to attending law school, Steve worked for Doremus Porter Novelli, a large New York City and Washington, D.C. based media and government relations company, representing clients such as Bristol-Myers Squibb and U.S. Healthcare. As a result, he also has significant experience in working with boards and senior management in developing corporate and crisis communication strategies directed at key stakeholders.
Connecticut Health Lawyers Association - Vice President and Board of Directors member
Connecticut Bar Association, Health Law Section - Executive Committee member
American Health Lawyers Association - Stark Law, Physician Organizations and Reimbursement Sections
American Bar Association - Health Law and Litigation Sections
Fordham University School of Law - Adjunct Professor, 1997-1998; 2000-2002
Town of Westport PAL and Little League - coach
Westport Sunrise Rotary - member
Honors & Recognitions
Named a Moffly Media Top Lawyer in Fairfield County, 2021 - Healthcare Law
Steve's transactional experience includes hospital and medical practice mergers and acquisitions, hospital-physician joint ventures, health system reorganizations as well as formation, purchases and sales of ambulatory surgery, imaging and other specialized treatment centers. Steve also has vast experience in certificate of need, licensure and other regulatory proceedings. A sampling of these matters include the following:
- Representation of a university health center in a clinical integration with a regional health system and transfer of its NICU to a children’s hospital
- Structuring a series of affiliation agreements between a community hospital and a major academic medical center
- Counseling state health insurance exchange on developing ACA-compliant practices and procedures
- Advising health systems on acquisitions of freestanding ASCs and conversion to HOPDs
- Development of Stark and IRS compliant recruitment arrangements between tax-exempt hospitals and group practices
- Establishing concierge medical practices; forming non-profit medical foundations; affiliating community-based health clinics with an FQHC
- Revising medical staff bylaws for Joint Commission review
- Representing peer review bodies in terminations/suspensions of physician privileges
- Drafting contracts involving medical director, co-management and ACO arrangements as well as EMR and managed care agreements
- Successful prosecution of a hospital CON application for interventional cardiac program opposed by competitors
- Dismissal of an Office of Civil Rights investigation into a hospital and affiliated group practice for HIPAA violations
- Negotiation of a favorable Consent Order for a clinical laboratory in a billing and compliance investigation conducted by Medicaid Fraud Control Unit
- Representation of a health care provider in the remand and rescission of a licensing board’s drug diversion finding
- Positive resolution of an Attorney General investigation into a hospital’s use of charitable assets in a cy pres action
- Reduction of overpayment claims against a hospital in a redetermination proceeding and appeal to an ALJ
- Counsel to hospitals and specialty providers in proceedings under the CMS, OIG and Connecticut DSS self-disclosure protocols; and multiple representations of health care entities and physicians in MAC, ZPIC and Medicaid audits as well as related DOJ investigations.
News & Insights
- Greenwich, New Canaan/Darien + Rowayton, Stamford, Westport and At Home Magazines, 03.2021
- Information Blocking FAQs – The April 5th Implementation Deadline Has Passed; What Providers Need to Know04.08.2021
- Question to Ask for Next Coronavirus Surge: Are Your Triage Protocols in Compliance with OCR Guidance?09.08.2020
- Governor Lamont Declares Continuing State of Emergency, Extends Executive Emergency Powers Through February 9, 202109.04.2020
- Southern District of New York’s Decision to Invalidate Health Care Provider Exclusion and Work Availability Requirement of FFCRA May Have Implications for Connecticut08.07.2020
- Governor Lamont Orders Mandatory COVID-19 Testing of All Nursing Home and Assisted Living Agency Employees06.03.2020
- More Money for Hospitals and Other COVID-19 Caregivers: Federal Provider Relief Fund Replenished and Disbursement Begins04.24.2020
- Connecticut Allows New Telehealth Capabilities and Further Expands Clinical Workforce in Response to COVID-19 Pandemic04.24.2020
- Executive Order Limiting Liability for Connecticut Providers Responding to COVID-19 Grants Protections for Health Care Professionals and Hospitals Grappling With Pandemic04.05.2020
- Connecticut Further Expands Coverage of Telehealth Services During the COVID-19 Public Health Emergency03.20.2020
- Connecticut Governor Issues Executive Orders to Establish Statewide Healthcare Cost Growth and Quality Benchmarks01.23.2020
Members of Pullman & Comley's Health Care team worked with clients transitioning to the growing practice of "concierge," "boutique" or "retainer" methods of practice.
Our health care attorneys were at the forefront of representing clients in mergers and acquisitions as well as in a host of regulatory matters in the ever-growing ambulatory surgery center sector.
Our Health Care attorneys counsel hospitals and physicians dealing with these economic pressures and represent physician groups and hospital systems in negotiating merger and asset acquisition agreements and employment and independent contractor agreements.
Bar and Court Admissions
- New York
- U.S. District Court, District of Connecticut
- U.S. District Court, Southern and Eastern Districts of New York
- U.S. Court of Appeals for the Second Circuit
St. John's University, J.D., high honors, 1991
State University of New York at Stony Brook, B.A, cum laude, Phi Beta Kappa, 1982