• Michael S. Kolber

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    New York
    Direct: 212.790.4568
    General: 212.790.4500
    Fax: 212.790.4545


    Harvard Law School, J.D., magna cum laude, 2009.

    Supervising Editor, Harvard Law Review.


    Yale University, B.A. with distinction in History, 2002.

    Bar Admissions
    New York
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements


    With a health law background in both government and private practice, Michael Kolber advises health insurers, pharmaceutical manufacturers, state and federal agencies, technology vendors, and others on implementation of health coverage issues, especially the Affordable Care Act (ACA), Medicare managed care, and employee benefits. He provides legal and policy advice, with particular focus on risk adjustment and related premium stabilization programs for health insurers under the ACA.

    Health reform. Prior to joining Manatt, Mr. Kolber was the lead legal adviser to the U.S. Department of Health and Human Services (HHS) on several key features of the ACA, including essential health benefits, health insurance exchanges, risk adjustment, and CO-OP loans. Now, health insurers, actuarial consultants, state exchanges, technology vendors, physician specialty groups, and pharmaceutical manufacturers turn to Mr. Kolber to advise them on complex legal and regulatory questions concerning health reform and advocate on their behalf in front of key federal decision makers. A frequent speaker and author on health reform, Mr. Kolber coauthored Bloomberg BNA's treatise on the subject.

    Medicare managed care. Mr. Kolber advises Medicare Advantage organizations and Medicare prescription drug plan sponsors on compliance with federal regulations and guidance, including helping them design special needs plans and Medicare-Medicaid plans for the dual eligible population.

    Employee benefits. Mr. Kolber counsels health insurers, third-party administrators, benefits consultants, employers, and others on the interaction of ERISA, the ACA, and other employee benefits laws. He has also performed analyses for states on how state efforts at provider payment and delivery system reform relate to self-insured employer health plans.

    Prior to joining Manatt, Mr. Kolber was an attorney in the Centers for Medicare and Medicaid Services Division in the Office of the General Counsel of HHS and served as a law clerk to Judge Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.

    Representative Matters

    Honors & Awards

    Excellence in Legal Services Award, U.S. Department of Health and Human Services Office of the General Counsel, 2012.

    Best Paper in Administrative Law, Harvard Law School, 2009.

    First Place Short Paper, H. Thomas Austern Memorial Writing Competition, Food and Drug Law Institute, 2008.



    “King v. Burwell: What a Subsidy Shutdown Could Mean for…Consumers, Insurers, Health Care Providers and States,” Series of four articles prepared for The Commonwealth Fund blog, February 24-27, 2015.

    Coauthor, “How Consumers Might Game the 90-Day Grace Period and What Can Be Done About It,” Health Affairs blog, November 17, 2014.

    Coauthor, “Reference Pricing And Network Adequacy Standards: Conflict Or Concord?” Health Affairs, September 18, 2014.

    Coauthor, “Provider Payment Reform in New Hampshire: Legal Considerations for Policymakers,” Prepared for the New Hampshire Insurance Department, 2014.

    Author, "Administrative Inefficiency in Coordination of Benefits," The Council for Affordable Quality Healthcare (CAQH) White Paper Series, 2014.

    Coauthor, "Affordable Care Act Implementation: Regulations, Models and Implications," Bloomberg BNA's Health Law & Business Series, 2013.

    Author, "Opacity and Cost-Effectiveness Analysis in Medicare Coverage Decisions: Health Policy Encounters Administrative Law," Food & Drug Law Journal, 2009.

    Author, "The Mysteries of the Congressional Review Act," Harvard Law Review, 2009.

    Author, "Rulemaking Without Rules: An Empirical Study of Direct Final Rulemaking," Albany Law Review, 2009.


    Memberships & Activities

    Admitted to practice in New York.

    Member, American Health Lawyers Association.

    Member, New York State Bar Association.


    Speaking Engagements

    Panelist, “The Transformation of Private Health Insurance: The Affordable Care Act Five Years In,” American Health Lawyers Association (AHLA) In-House Counsel Program & Annual Meeting, Washington, D.C., June 29-July 1, 2015.

    Speaker, “The Latest on Public Exchanges,” Society of Actuaries, Atlanta, GA, June 16, 2015.

    Speaker, “Implications of King v. Burwell on the future of the ACA,” Southeastern Regulators Association Conference, Charleston, SC, April 30, 2015.

    Speaker, “What’s Next for Health Plans: Opportunities and Challenges in 2015 and Beyond,” World Healthcare Congress, Washington, D.C., March 23, 2015.

    Panelist, “Will ACA Reign Supreme in 2015?,” Bloomberg Intelligence State of Health Care Summit, New York, NY, February 13, 2015.

    “2017 Innovation Waivers: The Future Is Right Around the Corner,” State Coverage Initiatives and State Health Reform Assistance Network webinar, December 4, 2014.

    “Client briefing on King v. Burwell,” Bloomberg BNA webinar, November 2014.

    Speaker, "Health Insurance Exchanges," American Academy of Orthopaedic Surgeons Annual Meeting, Washington, D.C., May 2, 2014.

    Speaker, "Off to a Rocky Start: The Ongoing Implementation of Health Insurance Exchanges and Their Future Impact," Yale Healthcare Conference, New Haven, CT, April 11, 2014. 

    Panelist, "The Dash to 2014: The Scramble to Implement Health Reform in Individual and Group Health Coverage," American Health Lawyers Association (AHLA) Annual Meeting, San Diego, CA, June 30-July 3, 2013.

    Guest Lecturer, "Risk Adjustment, Reinsurance, and Risk Corridors," New York University Law School, New York, NY, 2013.

    Guest Lecturer, "Adverse Selection and Risk Adjustment," George Washington University Law School, Washington, D.C., 2011.