Dylan Nicole de Kervor

Dylan Nicole de Kervor is a Partner in Potomac Law Group's Health Care, Administrative Law & Regulatory, Education, and Litigation practice groups. She is a nationally recognized civil rights and health law attorney with more than 15 years of experience advising federal agencies, shaping landmark regulations, and leading complex enforcement and litigation matters at the intersection of healthcare, equity, and civil rights compliance. Dylan offers a distinctive combination of senior federal leadership experience and deep subject-matter expertise in Section 1557 of the Affordable Care Act, Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Administrative Procedure Act, LGBTQI+ civil rights protections, environmental justice, health equity, language access, and disability rights.

Dylan's practice encompasses regulatory counseling, impact litigation support, policy analysis, and administrative advocacy for healthcare systems, civil rights organizations, educational institutions, and government entities navigating the evolving landscape of federal civil rights enforcement. Since joining PLG, she has counseled national advocacy organizations and healthcare providers on high-stakes civil rights matters, preparing litigation memoranda, motions, and expert declarations in federal constitutional challenges involving healthcare access and the rights of vulnerable populations, and drafting amicus briefs in federal appellate courts on civil rights and nondiscrimination issues. She advises clients on federal administrative rulemaking affecting healthcare access and nondiscrimination requirements, HIPAA protections and patient privacy rights in the context of government investigations, and Title IX compliance and evolving federal enforcement policies in K–12 and higher education settings. Dylan also analyzes emerging federal enforcement tools — including False Claims Act theories, grant conditions, agency subpoena authority, OIG referral mechanisms, and CMS enforcement actions — and counsels clients on risk identification and mitigation strategies. She regularly publishes client advisories on pressing civil rights and healthcare regulatory developments through the firm.

Before entering private practice, Dylan served in senior roles at the U.S. Department of Justice Civil Rights Division and the U.S. Department of Health and Human Services Office for Civil Rights, where she helped craft national civil rights policy and oversaw some of the federal government's most consequential enforcement initiatives. As Special Legal Counsel in DOJ's Federal Coordination and Compliance Section, she represented the United States in federal litigation enforcing Title IX and the Fair Housing Act, led civil rights investigations against federal fund recipients — including healthcare entities, social service agencies, state court systems, and law enforcement agencies — and developed and contributed to amicus briefs and statements of interest submitted to the U.S. Supreme Court and federal appellate and district courts in landmark civil rights cases. She also conducted comprehensive legal and policy analysis on education civil rights issues and briefed White House, HHS, and DOJ leadership on emerging constitutional and statutory questions, including nondiscrimination in gender-affirming and reproductive healthcare. As Senior Advisor to the Director at HHS OCR, she launched a new strategic enforcement division, led the 2022 Section 1557 Notice of Proposed Rulemaking, advised agency and White House leadership on regulatory and enforcement priorities across gender-affirming care, reproductive health, disability rights, and religious freedom, and collaborated with DOJ to represent HHS in federal litigation involving Administrative Procedure Act challenges to the Department's rulemaking and guidance. She also served as Senior Attorney at the National Health Law Program, where she developed federal advocacy strategies to advance equity and access in healthcare.

Dylan's work has earned the DOJ Assistant Attorney General's Special Commendation Award, DOJ's John Dunn Award for advancing LGBTQI+ rights, the HHS Secretary's Award for Distinguished Service, and the HHS OCR Director's Executive Award. She has been recognized as a "40 Under 40" LGBT Lawyer and has published scholarship on applying Bostock v. Clayton County across federal civil rights statutes.

Dylan earned her J.D. and a Master of Social Welfare with a concentration in management and planning from the University of California, Berkeley, where she served as Supervising Editor of the Berkeley Journal of Gender, Law & Justice and was a founding member of the Berkeley Journal of Middle Eastern & Islamic Law. She received her B.A. with honors in Urban Studies and Planning with a minor in Healthcare and Social Issues from the University of California, San Diego. She is admitted to practice in California and is a member of the American Health Lawyers Association.

Representative Services & Experience

• Brings insider perspective on Section 1557 and Title IX compliance, having led development and review of implementing regulations and high-profile enforcement actions at HHS and DOJ, and develops affirmative civil rights compliance programs for health care and education clients.
• Draws on experience as DOJ Special Legal Counsel representing the U.S. in federal civil rights litigation to advise on litigation risk and appellate strategy, including drafting amicus briefs in federal circuit courts.
• Applies experience coordinating civil rights policy across HHS, DOJ, and the White House to help clients navigate multi-agency enforcement, anticipate regulatory shifts, and prepare comments on CMS and HHS rulemaking.
• Represents health care entities and educational institutions in HHS OCR, DOJ, and Department of Education investigations, leveraging firsthand enforcement experience to guide clients through inquiries and coordination with state attorneys general.
• Develops language access and disability rights compliance programs for health care entities, drawing on experience as Senior Advisor to the Director of HHS, on Section 504, Section 1557, and Title VI requirements.
• Conducts DOJ and HHS enforcement risk assessments for FQHCs and nonprofit providers, advising on grant conditions, fund termination risks, and building audit-ready compliance programs.
• Advises clients on compliance with federal health care conscience laws and religious exemption frameworks, helping clients navigate evolving regulatory guidance and enforcement priorities.
• Represented the United States in litigation enforcing the Title IX and the Fair Housing Act.
• Developed and contributed to amicus briefs and statements of interest submitted to the U.S. Supreme Court and federal appellate and district courts in landmark civil rights cases.
• Investigated claims of race, color, and national origin discrimination against recipients of federal financial assistance, including health care entities, social service agencies, state court systems, and law enforcement agencies.
• Investigated claims of race, color, national origin, sex, age, and disability discrimination against recipients of federal financial assistance, including health care entities and other health programs and activities.
• Conducted comprehensive legal and policy analysis on education civil rights issues and briefed White House, Department of Health and Human Services, and Department of Justice leadership.
• Collaborated with the Department of Justice to represent the Department of Health and Human Services in federal litigation involving Administrative Procedure Act challenges to the Department’s rulemaking and guidance.