FacultyFaculty/Author Profile
Esther  Scherb

Esther Scherb

Covington & Burling LLP

Washington, DC, USA

Esther Scherb’s practice focuses on healthcare and regulatory matters, with an emphasis on Medicare, Medicaid and other government programs administered by the U.S. Department of Health and Human Services (HHS). She counsels clients on reimbursement and compliance issues faced by the healthcare and life sciences industries.

Dr. Scherb assists providers, medical device, pharmaceutical and biotechnology manufacturers, private equity firms, investment bankers and other industry groups in various matters, including development and implementation of comprehensive reimbursement strategies for new and existing technologies; reimbursement and compliance counseling; advocacy with the Centers for Medicare & Medicaid Services (CMS), Medicare Administration Contractors and third-party payors on coverage, coding, payment, enrollment and certification policies; representation in administrative and federal court litigation stemming from government audits and payment disputes; analysis and interpretation of regulatory risks and implications for investment, corporate mergers, acquisitions and affiliations; and compliance with government drug pricing programs, including pricing methodologies and reporting.

Dr. Scherb served with the HHS Office of the General Counsel. She represented the Health Care Financing Administration (now CMS) in all phases of litigation involving hospitals, clinics, physicians and other medical providers, and counseled the agency on Medicare policies, rulings and guidelines. She also represented HHS in a number of Medicare and Medicaid investigations and appeals.

Representative Matters

  • Developed reimbursement strategies for numerous medical device manufacturers positioning their new technologies for market launch and for other stages of the life cycle.
  • Provided strategic analysis of reimbursement landscape and healthcare regulatory developments to market investors and underwriters.
  • Provided regulatory counseling to medical device and pharmaceutical manufacturers on Medicare and other third-party payor billing issues.
  • Assisted medical device and pharmaceutical companies with successful applications for new and revised billing codes.
  • Assisted medical device companies with obtaining Medicare coverage for new and existing technologies.
  • Assisted numerous Medicare providers suppliers, such as major academic centers, national device companies and pharmacies, with preparation of responses to audit requests from the Office of Inspector General and Medicare administrative contractors.
  • Successfully represented manufacturers and providers before administrative adjudicators, resulting in the substantial reductions of Medicare overpayment liability and reversals of claims and cost report denials.

Previous Experience

  • U.S. Department of Health and Human Services, Office of the General Counsel, Health Care Financing and Civil Rights Divisions, General Attorney
  • Office of Technology Development of the National Cancer Institute, Special Assistant

Memberships and Affiliations

  • American Health Lawyers Association, Member
  • American Bar Association, Payment and Reimbursement Interest Group, former Vice-Chair
  • Dental Assisting National Board, former Chair of the Board of Directors


  • Regulatory and Public Policy
  • Food, Drug, and Device


  • Health Care
  • Life Sciences


  • University of Richmond School of Law, J.D., 1987
  • Tufts University, D.M.D., 1978
  • Brooklyn College, B.S., 1975

Government Service

  • U.S. Department of Health and Human Services

Bar Admissions

  • District of Columbia Virginia
Esther Scherb is associated with the following items:
Course Handbooks  Course Handbooks Health Care Law Institute 2017
On-Demand Web Programs  On-Demand Web Programs Health Care Law Institute 2017: The New Challenges Facing Providers -- Reimbursement, Enforcement, Compliance, and Other Hot Topics, Thursday, December 28, 2017, New York, NY
Live Seminar  Live Seminar Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, New York, NY
Live Webcast  Live Webcast Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, New York, NY
PLI Grpcast-Live Web  PLI Grpcast-Live Web Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, Columbus, OH
Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, New Brunswick , NJ
Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, Atlanta, GA
Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, Nashville, TN
Hot Topics in Health Care Law 2018, Wednesday, December 19, 2018, Indianapolis, IN

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