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Joan Kutcher has more than 30 years of experience providing strategic advice to stakeholders in a broad range of industries, with a particular expertise in federal and state health care-related programs. Over the years, she has helped states, pharmaceutical companies, government contractors, insurance companies and trade associations successfully navigate the Congress and regulatory agencies.
Drawing on decades of experience, Ms. Kutcher successfully advises clients on both proactive legislative campaigns and defensive strategies to advance their legislative and regulatory goals. She played a key role in the development of the Long-Term Care Insurance program for federal employees. Ms. Kutcher is a senior member of Covington’s Public Policy and Government Affairs Practice Group, and has served on the firm’s Retirement Committee for five years.
- Legislative and strategic advisor to state clients on Medicaid matters.
- Legislative and strategic advisor to John Hancock Financial Services on a wide range of tax and retirement security matters. Assisted client in its efforts to secure legislation creating a public private partnership encouraging the purchase of long-term care insurance.
- Legislative and strategic advisor to Unisys Corporation on homeland security, tax, pension and budget matters.
- Successfully assisted medical device manufacturer in securing Medicare coverage and reimbursement for innovative product. Helped secure Medicare prescription drug coverage of Kos Pharmaceutical’s cholesterol drug.
- Assisted in securing millions of dollars in additional Medicaid dollars for Puerto Rico in the Affordable Care Act.
- Helped client successfully implement congressional strategy that led to key changes to HHS proposed rules governing the use of genetic information in certain insurance products.
Pro Bono
- Serve as Guardian Ad Litem in child custody dispute in Superior Court matter on behalf of the Children’s Law Center.
- Assisted Helping Hands: Monkey Helpers for the Disabled in securing an amendment to The Captive Primate Safety Act to ensure that the legislation did not constrain the nonprofit organization’s ability to continue to place specially trained capuchin monkeys with the disabled.
- Advised Girls, Inc., which provides educational programs to girls in high-risk, underserved areas on appropriations strategy to expand its nationally recognized programs.
Memberships and Affiliations
- The Raymond Locke Foundation, Inc., Vice President of Board of Directors, organized to provide after-school athletic program in high risk, underserved neighborhood.
- District of Columbia Bar Association, Health Care Committee
Previous Experience
- Governor of New York, Senior Legislative Counsel (1981-1989)
- U.S. Department of Energy, Office of Hearings and Appeals, Deputy Assistant Director (1978-1981)
June 29, 2017, Covington Alert
Last week, Senate Republican leadership released the Better Care Reconciliation Act of 2017 (BCRA), which would repeal and replace the Affordable Care Act (ACA). While Senate Republicans do not yet have the requisite votes to pass the legislation, and did not start the debate this week as planned, the bill is still very much alive. Senate Republicans continue to consider changes to the BCRA to get the votes needed for passage.
This advisory analyzes the provisions of the BCRA, including the amendments to the BCRA released Monday. Among other things, the BCRA would: make major changes to the federal subsidies provided to purchase individual market health plans; roll back several of the ACA’s health insurance market reforms; expand State flexibility under Section 1332 waivers; phase-out increased federal funding for the Medicaid expansion; and impose a per capita cap on state Medicaid expenditures.
May 3, 2017, Covington Alert
Last week, Representative Thomas MacArthur (R-N.J.) proposed an amendment (the “MacArthur Amendment”) to the American Health Care Act (AHCA) in an effort to resuscitate the Republican bill that Speaker Paul Ryan pulled from the House floor last month. The MacArthur Amendment makes several changes to the AHCA, which we summarized in Advisories 17-9 and 17-10.
April 3, 2017, Covington Alert
On March 24, 2017, Speaker Ryan pulled the American Health Care Act (“AHCA”) from the House floor and announced that the Affordable Care Act (“ACA”) would remain in place “for the foreseeable future.” Since that time, there has been considerable speculation about what comes next for the ACA, both in Congress and with respect to administrative action by the Trump Administration. In the advisory below, we analyze the prospects for legislative and administration action on health care in the coming months.
March 13, 2017, Covington Alert
Last week, House Republicans introduced long-awaited legislation, through “budget reconciliation,” to “repeal and replace” the Affordable Care Act (ACA). The American Health Care Act (AHCA) makes major changes to current law.
January 24, 2017, Global Policy Watch
On January 20, 2017, President Donald J. Trump signed an Executive Order instructing federal agencies to work to “minimize the unwarranted economic and regulatory burdens” of the Affordable Care Act (“ACA”), and to increase the flexibility provided to States to run healthcare programs. While the Executive Order itself does not change any regulation or ...
January 24, 2017, Covington Alert
On January 20, 2017, President Donald J. Trump signed an Executive Order instructing federal agencies to work to “minimize the unwarranted economic and regulatory burdens” of the Affordable Care Act (“ACA”), and to increase the flexibility provided to States to run healthcare programs. (The text of the order can be found at the end of this advisory.) While the Executive Order itself does not change any regulation or specific ACA-implementing policy, it sends a signal that the Trump Administration intends to use executive authority to roll back parts of the ACA and increase State flexibility.
November 14, 2016, Global Policy Watch
It is safe to observe that modifying or repealing the Affordable Care Act (aka as Obamacare) will be the top health care-related priority of the Trump Administration. Trump spoke about repeal and replace often — he even called for a special session of Congress to repeal it — and while it was not among his...… Continue Reading
October 11, 2016, Global Policy Watch
The post-election period — from the lame duck congressional session to the first 100 days and beyond of a new Administration and Congress — is expected to be a time of extraordinary, if not unprecedented, public policy debate on issues that impact pharmaceutical/life sciences companies and interest groups. These issues present both significant threats and...… ...
Life Sciences Congressional Investigations: Trends, Traps and Tips
June 17, 2015, Life Sciences Essentials Webinar Series
December 23, 2014, Covington E-Alert
July 20, 2012, Law360
July 2, 2012, Covington Advisory
June 29, 2012, Covington E-Alert
Covington Announces Three New Of Counsel
April 30, 2010
Government Affairs Practice Group Post Election Analysis
November 7, 2008, Covington Report
November 16, 2006, Covington E-Alert
2006, John Hancock Practice Advancement Conference (Connecticut)
Practices
Industries
Education
Catholic University of America, Columbus School of Law, J.D., 1978
- Catholic University Law Review, Member
Wheaton College, B.A., 1975
- summa cum laude
- Phi Beta Kappa
Government Service
- U.S. Department of Energy
Bar Admissions
- District of Columbia