Overview
When clients need help understanding the federal and state regulation of health insurance, and identifying and addressing related barriers and opportunities, they turn to attorney Helaine Fingold.
Clients benefit from Helaine’s experience working at both the Centers for Medicare & Medicaid Services and the Medicare Payment Advisory Commission (MedPAC), which has given her keen insight into how regulators interpret and apply the laws, regulations, and related administrative processes regarding Medicare, Medicaid, and commercial insurance.
Her clients range from small start-ups to large corporate entities with multiple subsidiaries. They include Medicare Advantage, PACE, Medicaid, and other managed care plans; provider entities; vendors to providers and managed care companies (including administrative support entities, providers of software and online services, agents/brokers/field marketing organizations, and advertising/marketing entities).
Helaine’s practice focuses largely on the regulation of Medicare managed care (including Medicare Advantage, Part D, dual eligibles, PACE, demonstrations), Medicaid managed care, commercial managed care products (including surprise billing), and behavioral health (including mental health parity).
Helaine helps clients:
- understand and address state licensure rules that apply to their business;
- develop and submit Medicare Advantage, Qualified Health Plan, and other managed care applications for qualification;
- respond to deficiencies in Medicare Advantage applications;
- appeal the denial of a Medicare Advantage application;
- challenge and get withdrawn federally issued compliance notices for allegedly failing to comply with Medicare Advantage regulations and guidelines;
- identify and correct noncompliance with Medicare managed care laws and regulations;
- identify health regulatory compliance risks in potential investments through due diligence reviews;
- understand applicable rules, and appeal Medicare star ratings; and
- understand and interpret the new federal law on surprise billing, including areas for potential regulatory governance.
Before building her private practice, Helaine gained 20 years of experience in the federal government: 13 years at CMS, working on Medicaid, Medicare Advantage/Part D, and ACA implementation, and seven years at MedPAC. During her time at CMS, she was part of the team that implemented the Medicare Advantage program prior to its rollout in 2006. She also worked with the team that implemented the Affordable Care Act requirements applicable to federal and state health care marketplaces, qualified health plans, and individual and small group commercial insurance. Helaine’s government experience also included serving as General Counsel for the Medicare Payment Advisory Commission.
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Experience
- Represented a vendor supporting providers and payors in claims processing and other administrative tasks. Helaine assisted the client with research on Medicaid rules for each of the 50 states regarding the ability of managed care plans and their downstream entities to use non-U.S. employees and subcontractors. She coordinated and guided a team of associates in completing the research and explained the results to her client.
- Provided representation to a national Medicare managed care plan on its corporate restructuring efforts. Helaine advised the client on Medicare rules regarding changes of ownership and the resulting impact on options for corporate restructuring. She assisted in drafting materials for submission to CMS, and the client’s restructuring initiative was approved by CMS.
- Represented a utilization management company that sought approval by CMS as a provider-led entity (PLE) offering Medicare appropriate use criteria. Helaine researched and reviewed regulatory requirements as well as applications of entities previously reviewed and approved or denied as a PLE. The client was successfully approved as a PLE.
- Won approval for a national managed care plan to offer Medicare Advantage products in its requested service area.
- Represented a vendor to commercial managed care plans that sought analysis of its offerings to demonstrate to potential clients that its offering could be considered quality improvement activities under medical loss ratio (MLR) rules.
- Provided representation to a managed care plan that sought assistance in developing a corporate and regulatory strategy for offering Medicare managed care joint ventures to maximize expenses qualifying as clinical services under MLR rules.
Recognition
- The Legal 500 United States, Healthcare: Service Providers (2023)
Credentials
Education
- Northeastern University School of Law (J.D., 1991)
- University of Massachusetts (B.A., 1987)
Bar Admissions
- District of Columbia
- Maryland
Professional & Community Involvement
- American Health Law Association
- District of Columbia Bar Association
- Maryland Bar Association
Media
Events
Past Events
- February 2025
- April 27, 2023
Insights
Insights
- Media CoverageHelaine Fingold Quoted in “'Watching the Clues': Uncertainty Clouds Medicare Broker Conference”3 minute read
- Media CoverageHelaine Fingold Quoted in “MedPAC Members Will Hear Out Agents, Brokers After Slamming `Flawed System’”2 minute read
- Media CoverageHelaine Fingold Quoted in “Trump Regulation Freeze Could Put Chill on Medicare Advantage Funding”2 minute read
- Media CoverageHelaine Fingold Quoted in “Trump 2.0 Faces Lingering Legal Questions Regarding RADV Audits, Stars, Broker Pay” ...3 minute read
- PublicationsCMS Rule for CY 2026 Highlights AI, Behavioral Health, Anti-Obesity Drug Coverage, and More24 minute read
- Media CoverageHelaine Fingold Quoted in “In a Twist, Medicare Advantage Insurers Try to Avoid Selling Plans”2 minute read
- BlogsTexas Judge Sides with Challengers on CMS Rule Limiting Medicare Agent/Broker Payments6 minute read
- Media CoverageHelaine Fingold Quoted in “MAOs, Brokers, Agents Get Relief with Legal Pause on Policy Changes”2 minute read
- Media CoverageHelaine Fingold Quoted in “Court Pauses CMS Broker Compensation Rule for Medicare Advantage Plans”3 minute read
- Media CoverageHelaine Fingold Quoted in “FMO Lawsuits Could Delay Agent and Broker Compensation Rules”3 minute read
- Media CoverageHelaine Fingold Quoted in “Finalized Broker Pay Cap Appears to Exclude FMOs, but Impact Remains Unclear”2 minute read
- Media CoverageHelaine Fingold Quoted in “3 Years In, 'No Surprises' Gets Mixed Reviews from Providers”2 minute read
- PublicationsAdvancing Interoperability and Improving Prior Authorization: No One Said It Would Be Easy!18 minute read
- Media CoverageHelaine Fingold Quoted in “No Surprises IDR Portal Is Back; Prepare for New Info Requirements”2 minute read
- PublicationsMedicare Advantage, Part D, and More: Proposed Rule Outlines Significant Policy and Technical Changes for CY 2025 ...35 minute read
- Media CoverageHelaine I. Fingold Quoted in “The Medicare Advantage Marketing Problem and Where It’s Headed”3 minute read
- Media CoverageHelaine Fingold Quoted in “Reports of Cold Calling, False Promises Put Medicare Marketers on Alert”3 minute read
- BlogsTexas Federal Court Issues Fourth Ruling Invalidating Parts of the Administration’s No Surprises Act Regulations ...3 minute read
- BlogsIndependent Dispute Resolution Process Halted Following the Government's Third Major No Surprises Act-Related Loss in ...4 minute read
- Media CoverageHelaine Fingold Quoted in “2022 Medicare Advantage Audit Report Reflects Modest Penalties, Familiar Failures” ...3 minute read
- PublicationsCMS Announces the Making Care Primary Model, a Multistate Initiative to Strengthen Primary Care9 minute read
- Firm Announcements
Epstein Becker Green Earns National Recognition and High Rankings in the 2023 Edition of Legal 500
3 minute read - Media CoverageHelaine Fingold Featured in “The 2024 Final Rule: Insights from a Medicare Marketing and Compliance Attorney” ...2 minute read
- Media CoverageHelaine Fingold Quoted in “CMS Rule Finalizes Marketing Changes, Leaves Out Ban on Sharing Beneficiary Contact Info” ...3 minute read
- PublicationsFederal Judge in Texas Strikes Down ACA's Preventive Services Coverage Mandate12 minute read
- PublicationsBiden Administration Prioritizes Health Equity in Proposed Reforms to Medicare Managed Care33 minute read
- PublicationsNo Surprises Act: HHS Extends Enforcement Moratorium on Co-Provider & Co-Facility Good Faith Estimates5 minute read
- PublicationsMedicare Advantage Provider Network Adequacy Regulatory Changes for 20242 minute read
- Media CoverageHelaine Fingold Quoted in “Surprise Medical Billing Disputes Pile Up as Lawsuit Unfolds”2 minute read
- Media CoverageHelaine Fingold Quoted in “Senate Democrats Push for MA Marketing Fixes, but Not All May Be Feasible”4 minute read
- Media CoverageHelaine Fingold Quoted in “Medicare Advantage Insurers Face High Marketing Stakes”4 minute read
- PublicationsAt Nine Months, No Surprises Act Can Barely Crawl2 minute read
- Media CoverageHelaine Fingold Quoted in “No Surprises IDRs Stall, but New Rules More Likely to Favor Providers”2 minute read
- Media CoverageHelaine Fingold Quoted in “‘Not So Optimistic’: Surprise Billing Arbitrations Cause Frustration”2 minute read
- PublicationsCMS Framework for Health Equity: An Opportunity for Client Advocacy9 minute read
- BlogsNo Surprises Act Update – New IDR Guidance3 minute read
- Media CoverageHelaine Fingold Quoted in “Surprise Bill Resolutions' Path Forward Hinges on Final Rule”2 minute read
- PublicationsMental Health Parity: Increased Enforcement Efforts Highlighted in 2022 Report to CongressSpring 20222 minute read
- Media CoverageHelaine Fingold Quoted in “Slim Marketing Guidelines Stress Importance of Reviewing Regs”3 minute read
- Publications2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts20 minute read
- Media CoverageHelaine Fingold Quoted in “CMS Rule Seeks More Oversight of TPMOs, ‘Chain of Enrollment’”3 minute read
- PublicationsU.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Alleged Violations of the Mental ...2 minute read
- PublicationsMore Surprises on Surprise Billing: Will Federal or State Law Control?2 minute read
- PublicationsU.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Violations of the Mental Health ...12 minute read
- PublicationsThe No Surprises Act: New and Surprising Challenges for Clinical Laboratories3 minute read
- PublicationsThe No Surprises Act: A Look at the First Round of Federal Regulations on Surprise Billing3 minute read
- PublicationsMore Surprises on Surprise Billing: Will Federal or State Law Control?11 minute read
- Media CoverageHelaine Fingold Quoted in “Surprise Bill Legislation Means Big Changes for Patients and Hospitals”3 minute read
- PublicationsMental Health and Substance Use Disorder Parity Compliance: Documentation Requirements and Federal Enforcement ...March-April 20212 minute read
- PublicationsThe No Surprises Act: Implications for Health Plans, Health Care Facilities, and Health Care Providers19 minute read