Overview
Health care providers and managed care organizations know they can rely on attorney Marjorie Scher for practical and effective advice and counsel on commercial plans, Medicare, and Medicaid, as well as for help with contract drafting and analysis and regulatory research.
Passionate about ensuring broad access to health care, Marjorie has advised on a wide range of Medicaid and health equity-related matters. Before becoming an attorney, she worked as an office administrator in a prosthetics and orthotics practice, giving her firsthand exposure to the provider experience.
Marjorie understands both the provider and payor perspectives and the complexities of the network arrangements in the managed care space. Providers and payors turn to her for advice on forming and executing payor or provider relations strategies, creating and implementing value-based payment methodologies (including on the Anti-Kickback Statute Safe Harbors that may insulate participants from regulatory risk while in a value-based arrangement), and responding to payor audits and disputes. She also drafts complex value-based payment contracts incorporating concepts such as clinical integration, risk corridors on upside and downside risk arrangements, and opportunities for additional payment by meeting quality metrics.
In addition to her health care regulatory work, Marjorie maintains a robust pro bono practice, providing advice and counsel to nonprofit organizations. She currently serves as pro bono counsel to Heart of Passion, a summer camp experience for teens with cancer, where she also enjoys running programming throughout the year to train high school volunteers to work with this important population.
Prior to joining Epstein Becker Green, Marjorie’s practice focused on consulting for private equity firms interested in investing in providers with high Medicaid and Medicare exposure. At her previous law firm, Marjorie founded a research and policy team at the outset of the COVID-19 pandemic that analyzed the immense amount of new legislation and regulations affecting the Medicaid space.
Focus Areas
Services
Trending Issues
Experience
- Provides ongoing contract negotiation support to a women’s health telehealth provider in its transition from a largely private-pay patient base to a largely Medicaid-managed care patient base. Marjorie also advises on a macro strategy for standardizing operations across several payors and geographies and the provider-friendly preferred provisions that should be in each payor contract.
- Successfully represented a behavioral health provider in an appeal and termination of suspension from the Washington, DC, Medicaid program.
- Represented a behavioral health provider in a multi-party payor audit, successfully avoiding a criminal referral for alleged submission of false claims while providing advice and counsel for bolstering the provider’s billing and coding practices.
- Created a new model managed care contract for a state client after the client expressed concern that its existing contract did not comply with Centers for Medicare & Medicaid Services (CMS) requirements. Marjorie and her team’s new model contract complied with CMS requirements as well as the state's mental health parity, network adequacy, and alternative payment model goals. CMS intends to use the model contract as a best practice example in its Criteria for Medicaid Managed Care Contract Review and Approval.
Recognition
- The Best Lawyers in America©: “Ones to Watch” in Health Care Law (2024 to 2025)
Credentials
Education
- Tulane University School of Law (J.D., 2015)
- Senior Articles Editor, The Sports Lawyers Journal
- H. Martin Hunley, Jr. Award in Health Care Law
- Tulane University School of Public Health and Tropical Medicine (M.H.A., 2015)
- Upsilon Phi Delta Honor Society
- Binghamton University, State University of New York (B.A., 2011)
Bar Admissions
- New York
Professional & Community Involvement
- Heart of Passion, Board Member
Media
Events
Insights
Insights
- BlogsGlobal Hospital Budgets: A New Trend?5 minute read
- Media CoverageMarjorie Scher Quoted in “Will Medicaid Incarceration Waivers Hit 'Cutting Room Floor'?”2 minute read
- Firm Announcements
Epstein Becker Green Attorneys Honored for Excellence in the Legal Profession by Best Lawyers 2025
14 minute read - PublicationsCMS Issues Mandatory “TEAM Model” for Acute Care Hospitals to Improve Episode-Based Alternative Payments and Advance ...17 minute read
- PublicationsFinal Medicaid Managed Care Rule Updates Requirements Regarding Access, Finance, and Quality17 minute read
- Media CoverageMarjorie Scher Quoted in “Citing U.S. Supreme Court Decision, Health System Sues Medicare Advantage Plan for Past 340B ...4 minute read
- PublicationsNew Coverage, Delivery, and Payment for Health-Related Social Needs Services Under New York’s Approved 1115 Medicaid ...13 minute read
- BlogsAn Overview of the CMS Approved New York 1115 Medicaid Waiver12 minute read
- PublicationsHospital and MA Plan Considerations for CMS Final Rule to Remedy 340B Drug Payment Policy11 minute read
- BlogsCMS Adds Place of Service to Allow Additional Flexibility in Delivering Medicare and Medicaid Healthcare Services to the ...7 minute read
- BlogsNavigating the New New York Department of Health Regulation on Facility Fees9 minute read
- Firm Announcements
Epstein Becker Green Attorneys Recognized by 2024 Best Lawyers for Excellence in the Legal Profession
12 minute read - BlogsCMS Forwards Its Health Equity Agenda Through Its Annual Prospective Payment System Rulemaking Process5 minute read
- BlogsThe Joint Commission’s 2023 Focus on Health Equity4 minute read
- Publications2023 Physician Fee Schedule Final Rule Supports Health Equity Through Investments in Accountable Care Organizations ...12 minute read
- Publications
In Wake of Dobbs Decision, CMS Issues Guidance to Hospitals on EMTALA Obligations
12 minute read