Stephen D. Bittinger

man with buzzed brown hair, blue eyes, brown beard, black suit, yellow tie, blue shirt; Stephen D. Bittinger Shareholder at Polsinelli PC
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Professional Biography

Stephen Bittinger represents health care providers and businesses when reimbursement disputes turn on statistical sampling, extrapolated overpayment demands, AI or algorithmic systems and data-driven audit findings. He is a shareholder and co-chair of the APA Practice Group, with a practice focused on federal Administrative Procedure Act litigation, reimbursement litigation, audit and integrity matters, payor disputes and False Claims Act defense.

Stephen regularly handles disputes involving the use of statistics, data analytics, generative artificial intelligence and algorithmic systems as evidence or as the basis for liability in the health care reimbursement process. He represents clients in commercial payor disputes, government payor fraud investigations, waste and abuse audits, FCA proceedings, health care criminal proceedings and reimbursement-related litigation involving CMS, HHS-OIG, DOJ, VA, state Attorneys General and Medicaid Fraud Control Units.

Stephen has represented providers, suppliers, laboratories, pharmacies, revenue cycle management companies, health care technology vendors, drug and device manufacturers and investment companies on the care delivery side of the U.S. health care system and internationally. His work includes defending CMS audits, UPIC, RAC and TPE audits, Medicaid audits, private payor audits, payor appeals, network and enrollment termination proceedings, OIG exclusion and CMS preclusion appeals, and disputes involving statistical sampling and extrapolation.

Stephen has served as subject matter counsel and as an expert witness in disputes involving statistical sampling, AI-as-evidence, Medicare Part C reimbursement, Medicaid regulations, reimbursement methodology, CMS regulations and rural hospital compliance. He has been recognized by Chambers USA for Healthcare in South Carolina, selected for inclusion in Best Lawyers in America for Health Care Law and named a Legal Innovator Finalist by the Southeastern Legal Awards.


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