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Xavier G. Hardy


[email protected]



Xavier’s practice includes a variety of health care regulatory, fraud and abuse, and reimbursement issues in health care transactions and business arrangements. He represents clients that are involved in, or invest in, the health care and life sciences industries.

Xavier provides regulatory counsel to private equity firms and other investors in mergers and acquisitions involving a variety of targets, including health systems and other health care providers, pharmacies, health insurance plans, laboratories, health care technology companies, and risk adjustment vendors.

He routinely advises clients on a wide variety of federal and state health care regulatory issues, including fraud and abuse, licensure and scope of practice rules, telehealth, certificate of need applications, and genetic privacy. He has a particular focus on regulatory and compliance matters for health plans participating in Medicare Advantage, Medicare Part D, and Medicaid Managed Care programs.

On behalf of health care providers, Xavier handles licensure and regulatory filings, particularly in the context of transactions. He also routinely advises these and other health care industry clients on legislative and regulatory trends, including on issues such as drug pricing and risk adjustment.

Prior to joining Mintz, Xavier was an associate in the Washington, DC office of a national law firm. In that role, he advised clients on legal and regulatory issues around health care reimbursement involving Medicare, Medicaid, and other third-party payors. He also counseled clients on federal and state health care fraud and abuse laws, including the Stark Law and the anti-kickback statute.

While he was in law school, Xavier served as an intern in the US Department of Health and Human Services’ Office of Inspector General and Vermont Legal Aid’s Office of the Health Care Advocate. He also worked as a senior research assistant at The George Washington University Milliken Institute School of Public Health, where he contributed to projects around health care regulatory issues.


  • George Washington University (JD)
  • Rice University (BS)


  • Member, American Health Lawyers Association

Recent Insights

News & Press


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New Mexico Court Affirms Ruling in ACA Risk Adjustment Case

November 6, 2018 | Blog | By Xavier Hardy

On October 19, 2018, a New Mexico district judge rejected a request from HHS to reconsider a February decision that had briefly led to the suspension of the ACA’s risk adjustment program.  In February, District Judge James Browning ruled that HHS’s use of statewide average premium to calculate risk adjustment payments, and the fact that the program was administered as budget-neutral, were arbitrary and capricious.
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ACA plans scored a major victory last week when a federal court held that health plans participating on the ACA exchanges are entitled to unpaid cost sharing reduction (CSR) payments from the federal government. 
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On Wednesday, August 8, CMS filed a proposed rule clearing the way for the federal government to continue making payments under the ACA’s risk adjustment program for the benefit year 2018. 
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Appeals Court Rejects Insurers Risk Corridors Claims

June 14, 2018 | Blog | By Xavier Hardy

On Thursday June 14, 2018, the US Court of Appeals for the Federal Circuit ruled against two health plans seeking risk corridors payments from the federal government. Inside contains more detailed information on the program.
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Decision Expected Soon in Ongoing Risk Corridors Litigation

June 12, 2018 | Blog | By Xavier Hardy

Many provisions of the Affordable Care Act (“ACA”) have been the subject of litigation over the last decade, with several high-profile Supreme Court cases including: NFIB v. Sebelius, King v. Burwell, and Burwell v. Hobby Lobby. One of the more overlooked topics of litigation has been the ACA’s “Risk Corridors” program.
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In early January, Idaho Governor Butch Otter signed an executive order (EO) directing the state’s Department of Insurance (DOI) to “seek creative options” to expand “access” to health insurance coverage for Idahoans.
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The Department of Justice (DOJ) recently intervened in a False Claims Act (FCA) case that raises a variety of interesting allegations, including payment of kickbacks by a compounding pharmacy to contracted marketing companies in the form of percentage-based compensation, to TRICARE beneficiaries in the form of co-payment waivers, and to physicians who submitted prescriptions without seeing patients.
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Mintz’s Antitrust & Federal Regulatory Practice recently published a Health Care Antitrust Alert on the DOJ Antitrust Division’s announced settlement with Henry Ford Allegiance Health (“Allegiance”).
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News & Press

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Mintz Member Thomas Crane and Associate Xavier Hardy co-authored a Bloomberg Law Insights article discussing the COVID-19 pandemic’s impact on the Affordable Care Act (ACA), specifically the staggering unemployment numbers’ emphasis on the ACA’s measures to increase coverage.
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Mintz is advising a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their acquisition of Curo Health Services, one of the nation’s leading hospice providers. The definitive agreement was announced on April 23, 2018. The deal is valued at approximately $1.4 billion.
Xavier Hardy, an Associate in Mintz's Health Law practice, authored this American Bar Association Antitrust Health Care Chronicle article on what impact the Affordable Care Act may have on monopsony analyses in health insurance mergers reviews.