Overview
Attorney Kevin Malone helps health care organizations navigate the most complex regulatory, transactional, and strategic issues in managed care and delivery system reform.
Managed care organizations, provider groups, value-based enablement companies, and trade associations seek Kevin’s advice on matters involving, among other things:
- Medicare Advantage,
- special needs plans (SNPs),
- Medicaid managed care organizations,
- commercial insurers,
- participants in the Program of All-Inclusive Care for the Elderly (PACE),
- Medicare Shared Savings Program (MSSP) and ACO REACH entities,
- self-funded group health plans,
- third-party administrators, and
- pharmacy benefit managers.
Guidance on Dual-Eligible Systems, Value-Based Care, and Integrated Health Care Models
With a distinguished body of work on dual-eligible delivery systems and the Mental Health Parity and Addiction Equity Act, Kevin is also a trusted counselor on value-based payment arrangements, risk-bearing structures, and corporate governance for integrated care models. His practice bridges regulatory compliance, business strategy, and dispute resolution, allowing clients to operate confidently in a fast-evolving health care environment.
Government Policy Experience
Before entering private practice, Kevin served in senior policy roles at the Centers for Medicare & Medicaid Services (CMS), where he developed financing and delivery models for dual-eligible beneficiaries, advanced PACE expansion, and shaped Medicaid policy for medically frail populations. He also worked at the Substance Abuse and Mental Health Services Administration (SAMHSA), focusing on behavioral health integration, billing, and insurance enrollment under the Affordable Care Act.
Thought Leadership and Industry Accreditation
Kevin is a frequent speaker and author on managed care law and policy. He also serves as an accreditation reviewer for URAC’s Mental Health Parity Accreditation Program, assessing compliance with federal parity requirements and industry best practices, and teaches Managed Care Law & Policy as an adjunct professor at The George Washington University Law School.
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Focus Areas
Services
- Behavioral Health
- General Counsel Services
- Government and Commercial Coding, Coverage, and Payment
- Government Contracts and Procurement
- Health Care
- Health Policy and Legislation
- Managed Care
- Medicare Advantage
- Mental Health Parity
- Program of All-Inclusive Care for the Elderly (PACE)
- Value-Based Purchasing and Accountable Care
Experience
- Mental Health ParityAdvised State Medicaid Agency on Completion of Analysis for Mental Health Parity and Addiction Equity Act (MHPAEA) Compliance for Medicaid Program
- Mental Health ParityProvided Counsel to National Group Commercial Insurer with the Use of Third-Party Administrators Regarding Mental Health Parity Compliance
- Currently serves as a seconded general counsel for a regional health plan with responsibility for managed care and government program matters.
- Served as acting general counsel for a national laboratory network benefit management and technology company.
- Advises multiple behavioral health medical specialty societies on developing strategies and licensing programs to commercialize medical necessity criteria, including structuring agreements, protecting intellectual property, and ensuring compliance with federal and state parity requirements.
- Represents value-based enablement companies in establishing innovative risk management and contracting structures to support risk-bearing activities and value-based programs for health systems, primary care groups, and multi-specialty networks.
- Counseled a major managed care organization in a significant arbitration matter involving a value-based payment arrangement and capitation settlement dispute, including interpretation of applicable federal and state regulatory frameworks.
- Represents independent practice associations, management services organizations, and Medicare Advantage plans in strategies related to dual-eligible SNP (D-SNP)—including institutional SNP—market entry and operations, delegation and program management, CMS program audits, and regulatory oversight.
- Represents MSSP ACOs and ACO REACH entities, including high-needs ACOs, in structuring corporate governance, compliance programs, contracting, and strategic planning.
- Represents payer- and provider-led PACE organizations in complex corporate structuring and real estate matters involved in establishing and operating PACE programs in multiple jurisdictions, including New York and California.
- Guides Medicare-Medicaid plans, D-SNPs, and PACE organizations through licensure, contracting, and compliance with CMS and state regulatory frameworks.
- Provides ongoing strategic and regulatory support to behavioral health providers, telehealth companies, and multi-state provider groups on licensure, network development, utilization management, and corporate practice of medicine issues.
- Represents national trade associations, payers, base organizations, and provider entities in federal and state government advocacy, including regulatory comment drafting, executive policy meetings with agency leadership, and administrative litigation.
Recognition
- The Best Lawyers in America©: “Ones to Watch” in Health Care Law (2022 to 2026)
- The Legal 500 United States, Healthcare: Health Insurers (2023 to 2024)
- Washington, DC, Rising Stars, Health Care (2022 to 2025)
Credentials
Education
- The George Washington University Law School (J.D.)
- Washington University in St. Louis (B.A.)
Bar Admissions
- District of Columbia
- Massachusetts
- New York
Media
Events
Past Events
- February 2025
- December 2024
- Fall 2024
- Fall 2024
Insights
Insights
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2026
12 minute read - Firm Announcements
Thirteen Epstein Becker Green Attorneys Named to the 2025 Washington, DC Super Lawyers and Rising Stars Lists
6 minute read - BlogsFederal Regulators Announce Non-Enforcement of the 2024 Rule for Mental Health Parity13 minute read
- BlogsMental Health Parity – What Non-Enforcement of the 2024 Parity Rule Means for Employer Plans13 minute read
- Media Coverage
Kevin Malone Featured in AHLA’s Speaking of Health Law Podcast, “Trends in Digital Therapeutics”
1 minute read - PublicationsCMS Rule for CY 2026 Highlights AI, Behavioral Health, Anti-Obesity Drug Coverage, and More24 minute read
- Media Coverage
Kevin Malone Featured in AHLA’s Speaking of Health Law Podcast, “Mental Health Parity: The New Legal and Regulatory ...
1 minute read - PublicationsApplication of New Mental Health Parity Rules to Provider Network Composition and Reimbursement: Perspective and Analysis ...14 minute read
- PublicationsMental Health Parity: Federal Departments of Labor, Treasury, and Health Release Landmark Regulations12 minute read
- Media CoverageKevin Malone Quoted in “Mental Health Parity Rule Pushes Employers to Rethink Status Quo”3 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - Firm Announcements
Epstein Becker Green Receives National Recognition and Top Rankings in the 2024 Edition of Legal 500
3 minute read - PublicationsFinal Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality17 minute read
- PublicationsCMS Finalizes Medicaid Access Rule: Significant Changes Ahead for HCBS Industry10 minute read
- PublicationsCMS Finalizes Rule Establishing Minimum Staffing Standards for Long-Term Care Facilities17 minute read
- Firm Announcements
Fourteen Epstein Becker Green Attorneys Named to the 2024 Washington, DC, Super Lawyers and Rising Stars Lists
7 minute read - BlogsSAMHSA Final Rule Regarding OTPs Expands Access, Increases Flexibility for Patients5 minute read
- BlogsCMS Announces New Primary and Behavioral Health Care Integration Demonstration Model5 minute read
- PublicationsTop Ten Issues in Health Law 2024—Major Expansion of Federal Regulation of Managed Care Through the Mental Health Parity ...6 minute read
- PublicationsCalifornia Finalizes SB 184 Pre-Transaction Notice Requirements for “Material Change” Health Care Transactions ...26 minute read
- PublicationsMedicare Advantage, Part D, and More: Proposed Rule Outlines Significant Policy and Technical Changes for CY 2025 ...35 minute read
- PublicationsCalifornia Enacts Statute That Furthers Efforts to Move Toward a Unified Health Care Financing System11 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 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 - Firm Announcements
Thirteen Epstein Becker Green Attorneys Named to the 2023 Washington, DC, Super Lawyers and Rising Stars Lists
4 minute read - PublicationsBiden Administration Prioritizes Health Equity in Proposed Reforms to Medicare Managed Care33 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2023 Best Lawyers for Excellence in the Legal Profession
11 minute read - Media CoverageLaw360 Names the 10 Epstein Becker Green Attorneys Who Moved Up the Ranks in 20222 minute read
- PublicationsACO REACH Model: Legal Requirements for ACO Agreements with Providers8 minute read
- Firm Announcements
Thirteen Attorneys Named to the 2022 Washington, DC, Super Lawyers and Rising Stars Lists
5 minute read - PublicationsMental Health Parity: Increased Enforcement Efforts Highlighted in 2022 Report to CongressSpring 20222 minute read
- Publications2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts20 minute read
- PublicationsTri-Agencies Release Report on Mental Health Parity and Addiction Equity Act (MHPAEA) Compliance1 minute read
- Media CoverageKevin Malone, David Shillcutt Quoted in “DOL Says Employers Struggling with Mental Health Parity Law”4 minute read
- Media CoverageKevin Malone Discuss Private Equity’s Push into the Mental Health Space in Q&A with Dana Jacoby3 minute read
- Firm AnnouncementsEpstein Becker Green Announces 2022 Promotions6 minute read
- PublicationsU.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Alleged Violations of the Mental ...2 minute read
- Media CoverageKevin Malone Quoted in “Employers on Hook for Mental Health Parity Despite New Target”4 minute read
- PublicationsBest Practices for Mental Health Parity: Considerations for ImplementationAugust 20213 minute read
- Firm AnnouncementsThirty-Five Epstein Becker Green Attorneys Recognized as “Ones to Watch” by The Best Lawyers in America 2022 ...5 minute read
- PublicationsU.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Violations of the Mental Health ...12 minute read
- Firm AnnouncementsEpstein Becker Green Receives 2021 Beacon of Justice Award for “Redefining Justice”6 minute read
- PublicationsMental Health and Substance Use Disorder Parity Compliance: Documentation Requirements and Federal Enforcement ...March-April 20212 minute read
- PublicationsNew York’s Strict Requirements for Insurers’ Mental Health and Substance Use Disorder Parity Compliance and Oversight ...3 minute read
- PublicationsNew York's Strict Requirements for Insurers' Mental Health and Substance Use Disorder Parity Compliance and Oversight ...10 minute read
- PublicationsPost-Acute Care and "COVID-19 Centers of Excellence"9 minute read
- Media CoverageBloomberg Law "Weekend Read” Features Epstein Becker Green Insights on Health-Care Coverage and Reimbursement Amid ...2 minute read
- PublicationsINSIGHT: Health-Care Coverage and Reimbursement Amid Coronavirus2 minute read
- PublicationsFamilies First Coronavirus Response Act: Guidance for Health Care Providers and Plans Regarding COVID-1912 minute read