Overview
Adam S. Herbst is a partner in Sheppard Mullin’s Healthcare practice and a nationally regarded leader at the intersection of law, policy, and healthcare delivery. His career spans nearly three decades across government, health systems, nonprofits, and the private sector, giving him a unique ability to advise clients not only as legal counsel but also as a strategist, operator, and policy architect. Adam is recognized as a leading authority on healthcare policy, Medicaid innovation, and system transformation. He has deep expertise in the corporate and transactional dimensions of healthcare, advising on mergers, acquisitions, affiliations, financings, and joint ventures involving hospitals, long-term care facilities, managed care organizations, private equity funds, and mission-driven nonprofits. He regularly structures governance arrangements, negotiates complex management and administrative services agreements, and guides providers and investors through multi-state regulatory approvals and compliance regimes.
Adam is also widely regarded for his mastery of Medicaid law, financing, and policy. He advises on 1115 waivers, state-directed payments, managed care contracting, and Medicaid reimbursement strategies across multiple states. His work includes HCBS waiver design, PACE program expansion, long-term and post-acute care reimbursement, and disability-focused services. He integrates financing rules with corporate structuring, helping clients build sustainable, compliant growth models while advancing care for vulnerable populations.
Before joining Sheppard Mullin, Adam served as Deputy Commissioner of the New York State Department of Health and Special Advisor to two Governors. In those roles, he led sweeping initiatives in Medicaid transformation, long-term care reform, and managed care modernization, and he chaired New York’s Master Plan for Aging. During the COVID-19 pandemic, Adam played a critical leadership role in the State’s emergency response—coordinating with federal partners, creating COVID-only nursing homes, ensuring hospital surge capacity, stabilizing long-term care, and supporting one of the largest vaccine distribution efforts in the country.
Adam’s career is deeply rooted in the nonprofit and mission-driven sector. He has run a children’s hospital, led a major community health center, and worked with faith-based organizations and disability service agencies to sustain programs through periods of growth, transformation, and financial stress. He has also advised nonprofits on governance, financing, and regulatory oversight, often stepping in to stabilize and preserve critical community services when other providers could not.
As a thought leader, Adam is a frequent speaker, writer, and advisor on healthcare transformation, Medicaid reform, health equity, aging, and disability policy. He has led high-profile webinars, authored widely read pieces on regulatory reform and system financing, and spoken before national and state associations, investor groups, and academic institutions. He teaches healthcare law and policy at Columbia School of Public Health, New York Law School and the University of Miami, and he is regularly sought out by policymakers and industry leaders to frame strategies that respond to shifting federal and state priorities. Adam’s clients value his ability to combine “inside baseball” knowledge of government processes with sophisticated corporate deal experience and a deep understanding of mission-driven care. Whether guiding a multi-state transaction, structuring a PACE or HCBS program, advising on Medicaid waivers, or supporting aging and disability service organizations, he brings a holistic approach that integrates law, policy, operations, and strategy.
Insights
Articles
Healthcare Law Blog Posts
- "New York Adopts Major Certificate of Need Amendments Effective August 6, 2025," August 12, 2025
- "State-Directed Payments, Value-Based Care, and the 'One Big Beautiful' Bill: A Comprehensive Analysis," August 1, 2025
- "What Health Equity Means for CON — and Why It Matters Now," July 25, 2025
- "Policy Brief: Aligning Nursing Home Bed Planning with New York’s Certificate of Need Reform Goals," July 17, 2025
- "New York’s Master Plan for Aging: What Legal, Health, and Policy Leaders Need to Know," July 1, 2025
- "Congressional Budget Proposal Includes Adjustments to Dual-Eligible Enrollment Pathways and Medicare Savings Program Rules," June 24, 2025
- "Understanding the Federal Reconciliation Bill’s Implications for MCO Tax Structure," June 18, 2025
- "Proposed Rule on Medicaid Tax Waivers: CMS Moves to Close a Loophole Shifting Costs to the Federal Government," May 28, 2025
- "Medicaid in the Crosshairs What Restructuring Could Mean for States, Providers, and Beneficiaries," February 24, 2025
- "Updated: The Future of Gender-Affirming Care – New Legal and Regulatory Considerations for Hospitals Providing These Services," February 12, 2025
- "Healthcare Industry Leaders Predict Four Areas to Watch After the U.S. Election: Takeaways from the Business of Health Care Conference Hosted by the Miami Herbert Business School," February 5, 2025
- "New York’s Health Information Privacy Act: A Turning Point for Digital Health or a Roadblock to Innovation?," January 31, 2025
- "Navigating New York’s Proposed Cost Market Impact Review," January 24, 2025
- "Building a Smarter Long-Term Care System in New York," January 10, 2025
- "Inside the World of Long-Term Care Certificate of Need (CON): An Exclusive Opportunity," January 10, 2025
- "Health Care at a Crossroads: Insights from the Post-Election Health Care Conference," January 10, 2025
- "The Legal and Economic Realities of Medicare Drug Pricing: Navigating Opportunities and Challenges," December 20, 2024
Media Mentions
Speaking Engagements
- "Miami Healthcare Breakfast Salon," November 18, 2024
Events
Memberships
Memberships
Advisory Board, Department of and Center for Health Management and Policy at the University of Miami Herbert Business School
American Health Lawyers Association
New York State Bar Association
Digital Media
Digital Media
Practices
Industries
Education
J.D., Albany Law School
M.B.A., Union College
B.A., American University, summa cum laude
Admissions
- New York
- New Jersey