Caroline Brown

Caroline Brown

Partner, Covington & Burling LLP

Caroline has been practicing in the area of government-sponsored health care and other public benefit programs for more than 25 years. Prior to founding Brown & Peisch PLLC, she was a partner at a major D.C. law firm, where she chaired the Federal-State Programs practice and co-chaired the Health Care group. At Brown & Peisch, she continues to focus her practice on advice and litigation involving Medicaid, Medicare, CHIP, and the Affordable Care Act, as well as non-health care entitlement programs such as TANF, Foster Care and Adoption Assistance, Child Support Enforcement, SNAP, and WIC.

Caroline’s advisory practice centers on the public assistance statutes and implementing regulations which courts have described (correctly) as “among the most completely impenetrable texts within human experience.” She regularly counsels clients on application of those provisions to a range of complex issues including Medicaid upper payment limits (UPL), Medicare and Medicaid disproportionate share hospital (DSH) payments, certified public expenditures (CPE), graduate medical education (GME), Medicaid managed care, payment for home and community-based services, dual eligibles, provider taxes, and Section 1115 demonstration projects.

Caroline has represented clients in over 50 cases before the Department of Health and Human Services’ (HHS) Departmental Appeals Board, and over 20 appeals of state plan amendment disapprovals. Her federal court practice includes representing clients suing HHS agencies to invalidate various types of agency action, as well as defending state and local agencies in challenges to operation of their public assistance programs. These cases include Georgia Department of Community Health v. HHS, 79 F. Supp. 3d 269 (D.C. Cir. 2015); N.J. Primary Care Ass’n v. State of N.J. Dep’t of Human Servs., 722 F.3d 527 (3d Cir. 2013); Consejo De Salud De La Comunidad De La Playa De Ponce, Inc. v. González–Feliciano, 695 F.3d 83 (1st Cir, 2012); Louisiana Dep’t of Health v. Center for Medicare & Medicaid Services, 346 F.3d 571 (5th Cir. 2003).

Caroline is a graduate of Harvard College and Harvard Law School. Prior to private practice, she was a law clerk to Ruth Bader Ginsburg, then serving on the D.C. Circuit, and Sandra Day O’Connor, on the Supreme Court.

Apart from her law practice, Caroline is a board member of Ethiopian Education Initiatives, and the Foundation Schools.