Philip Peisch

• (202) 499-4261
• ppeisch@brownandpeisch.com

Phil Peisch is the Managing Partner of the firm. Phil helps state agencies, health plans, providers, and other clients navigate complex issues and disputes arising out of government-sponsored health care programs and other public benefit programs.  Prior to founding Brown & Peisch PLLC, Phil practiced at Covington & Burling LLP, where he was the vice-chair of the Health Care group.

At Brown & Peisch, Phil advises clients on matters involving Medicaid, Medicare, CHIP, and the Affordable Care Act (ACA), as well as non-health care programs such as TANF, Foster Care and Adoption Assistance, Child Support Enforcement, and SNAP.  Phil has also counseled technology companies and other clients on digital health issues, including with respect to the application of Medicaid and Medicare regulations to new technology, state regulation of telemedicine, and the certification and use of Electronic Health Records.

Phil represents clients in litigation arising from the operation of healthcare and other government programs. Phil regularly handles appeals of U.S. Department of Health and Human Services’ (HHS) actions before the HHS Departmental Appeals Board.  He also represents clients in litigation suing HHS agencies to invalidate agency action, and he defends state agencies in lawsuits challenging the operation of their public assistance programs.

Phil’s representative matters include: 

• Defending state agency in an Americans with Disabilities Act “Olmstead” challenge to a Section 1915(c) waiver program serving individuals with intellectual disabilities in Michael T. v. Crouch, 344 F. Supp. 3d. 856 (2018).
• Advising state mental health agency on compliance with federal laws and policies governing substance use disorder and behavioral health services.  
• Representing Moda Health Plan in an action seeking over $200 million in unpaid ACA risk corridor payments in Moda Health Plan, Inc. v. United States, 130 Fed. Cl. 436 (2017), rev’d 892 F.3d 1311, rev’d Maine Cmty. Health Options v. United States, 140 S. Ct. 1308 (2020).
• Advising state Medicaid agency on compliance with federal laws and policies governing DSH payments to hospitals.
• Advising the regional health organization on issues relating to a Section 1115 Medicaid demonstration.  

Prior to entering private practices, Phil clerked for Judge Norman H. Stahl on the U.S. Court of Appeals for the First Circuit and the Judge J. Frederick Motz on the U.S. District Court for the District of Maryland.

Phil lives in Maryland with his wife and three young children.