Stefan Grow Named to Florida Bar Administrative Law Section Executive Committee
Nov 22, 2022
stefan r. grow
Of Counsel
Tallahassee
overview
Stefan Grow helps healthcare providers and managed care organizations navigate their path forward. Drawing on his in-house experience as general counsel to Florida’s Agency for Health Care Administration -- the state’s $29 billion Medicaid and health facility regulatory agency -- he advises on healthcare regulatory matters and Medicaid program issues faced by hospital systems, managed care organizations and long-term care facilities. He uses his executive leadership experience to help his clients create strategies to anticipate issues, manage conflicting priorities and swiftly respond to emerging concerns.
Stefan serves as an advisor on a wide range of complex healthcare matters, counseling clients on such matters as state regulation and oversight; Medicaid program issues; transactions; rate setting and reimbursement issues; and contracts.
In addition, he advises on government contracting and procurement, bid protests, and agency rulemaking. He also has extensive experience counseling on public records and Florida’s “sunshine” laws. In his most recent post, Stefan oversaw Florida’s Statewide Medicaid Managed Care (SMMC) procurement, the largest procurement in state history with more than $90 billion in contract awards, as well as multiple large healthcare technology procurements.
During the COVID-19 pandemic, he drafted or consulted on nearly every emergency order and executive order issued by the state affecting health care facilities.
Finally, with years of experience as a felony prosecutor and in both civil and administrative litigation, Stefan brings courtroom experience to help clients resolve disputes through litigation.
Experience
Procurement and Administrative Litigation
- Represented national technology company in bid protest against the Department of Management Services after unsuccessful bid. Settlement negotiations resulted in contract for the company.
- Obtained successful dismissal of rule challenge against Florida’s Department of Children and Families.
Hospitals
- Advised hospitals, including long-term care hospital, on state and federal regulatory requirements for off campus satellite and hospital within a hospital projects.
- Provided compliance assistance to hospital on institute for mental disease (IMD) requirements.
- Advised hospital system on multiple Medicaid supplemental payment programs, eligibility and compliance requirements.
- Assisted hospital with remaining compliant with EMTALA requirements.
- Obtained emergency meeting with agency leadership on pressing issue within hours of request in order to develop successful plan to address significant issue affecting patient intake.
Long-Term Care Providers
- Assisted Florida’s largest nursing home association in successfully obtaining a one-time multi-million-dollar Medicaid rate increase.
- Assisted multiple nursing homes, assisted living facilities, and home health agencies with successful change of ownership (CHOW) for state licensure, Medicaid and Medicare enrollment.
- Provide local counsel for Medicaid policy and enrollment issue on large multi-facility acquisitions.
Hospice and Home and Community Based Providers
- Developed creative argument to assist national home health agency on Agency for Health Care Administration rules and proposed legislation affecting statewide operation.
- Assisted national home health company with analysis of new AHCA Medicaid requirements and worked with stakeholders to draft proposed legislation to defeat regulatory requirement.
- Assisted home health agency with Medicaid program implications resulting from multiple location transaction.
- Advised large hospice and national litigation counsel on strategy for defeating CMS payment audit based on interpretation of state regulations and engagement with state agency.
- Developed plan of correction for large home health agency in response to state survey successfully resulting in no adverse findings in response to significant potential fine amount.
- Successfully convinced Attorney General’s Medicaid Fraud Control Unit to drop criminal investigation against home health agency for alleged Medicaid billing fraud.
Other Representative Matters
- Provided strategic advice and occupational conflict of interest analysis for technology company contracted with state agency.
Experience Prior to Joining Parker Hudson
- Led legal defense team for Florida’s Statewide Medicaid Managed Care program, the largest procurement in the history of the state of Florida, with $90 billion in awarded contracts.
- Lead negotiator for the Agency on $40 million Medicaid managed care provider service network contract.
- Led legal team advising on $27 million Medicaid technology contract.
- Member of Agency’s executive management team developing the Agency’s long-term strategy for implementing and setting procurement schedule for federally mandated Medicaid information technology transformation.
- Chief legal advisor to Agency on multi-billion dollar Medicaid managed care plan merger between national Medicaid plans. Worked with Florida Attorney General’s Office and the United States Department of Justice to negotiate antitrust considerations.
- Advised on significant contract actions taken against Medicaid managed care plans by the Agency for non-compliance, including enrollment freezes and liquidated damages.
- Handled and advised the Agency on the largest administrative fine in state history issued against a Hospital in the amount of $870,000.
- Primary drafter for rule language requiring emergency generator power for all of the state’s nursing homes and assisted living facilities.
- Prepared key strategy to secure dismissal of hospital outpatient rate rule challenge brought by statewide health plan association.
- Oversaw outside national counsel representing the Agency in defense of Medicaid low income pool supplemental payment disallowance brought by the Centers for Medicare & Medicaid Services before the U.S. Department of Health & Human Services Departmental Appeals Board.
- Developed response to U.S. Department of Health & Human Services Office of Inspector General audit draft report alleging Medicaid overpayments in excess of $700 million against the state in which no final audit was issued.
- Drafted bill language and worked with legislative staff to revise existing law following an appellate court ruling which resulted in a significant negative impact to the Agency’s audit operation and $50 million impact to Medicaid overpayment projects.
Thought Leadership
- Presenter, "Regulatory Update," Florida Hospital Association (FHA) Compliance Roundtable Meeting (December 6, 2022)
- Speaker, "Post-Employment Restrictions for the Government Lawyer," Florida Government Bar Association (FGBA) Meeting (November 11, 2022)
- Speaker, “Navigating the Regulatory Environment: Enforcement, CHOW and the IDR Process,” Florida Health Care Association (FHCA) 2022 Annual Conference and Trade Show (August 2, 2022)
- Speaker, “A Regulator’s Perspective on Managed Medicaid,” 2022 Montana Hospital Association Board Retreat (July 13, 2022)
- Presenter, "Navigating Licensure and Enforcement Issues: Tips and Tricks From an Insider," 58th Annual LeadingAge Florida Convention & Exposition (August 31, 2021)
- Client Alert, "Are You Ready - Less than 14 Days to Meet OSHA’s standards for Healthcare Providers" (June 23, 2021)
- Speaker, "Health Insurance Portability and Accountability Act (HIPAA)," July Membership Meeting and Monthly CLE, The Florida Government Bar Association (July 28, 2021)
- Speaker, "Appeals, Arbitration, and Mediation of Healthcare Payment Disputes CLE," Florida Bar Health Law Section (April 13, 2021)
- Featured, "Agility and Speed Disrupting the Future of Health Law," American Health Law Association docuseries "Health Law Disruption:2030 and Beyond" with Bob Brennan, Tracy Field and Tara Ravi (October 22, 2020)
- Panelist, The Argonaut's Speak: Agency General Counsel Panel, The Florida Bar Pat Dore Administration Law Conference: An APA Odyssey (October 2018)
areas of focus
- Healthcare
- Professional Services
- Administrative Litigation
- Appellate Litigation
- Healthcare Litigation
- Healthcare Transactions
- Healthcare Regulatory, Reimbursement & Compliance
- Regulated Industry Advocacy, Licensing & Certifications
- Government Contracts and Bid Protests
education
- Mississippi College School of Law (J.D., cum laude, 2011)
- Florida State University (B.A., cum laude, 2007)
Accolades
- Recognized by Best Lawyers in America® for Administrative / Regulatory Law (2023)
- Recognized by Daily Business Review's Florida Legal Awards as "On the Rise" (2023)
- Selected as one of Florida Trend's "Legal Elite" for Government & Non-Profit Attorneys (2020)
professional affiliations
- Serves on the Firm's Associates and Of Counsel Committee
- Florida Bar Association, Administrative Law Section, Executive Committee
- Florida Bar Association, Administrative Law Section, General Counsel Liaison
- Tallahassee Hunting Retriever Club, former board member
- Tallahassee Memorial Healthcare Animal Therapy Services, volunteer
- Tall Timbers Research Station & Land Conservancy, advancement fundraising committee member
- William H. Stafford American Inns of Court, member
admitted to practice
- Florida
- Northern District of Florida
- Middle District of Florida
- Southern District of Florida
- Eleventh Circuit Court of Appeals