Health Care

The health care industry has never faced a more tumultuous time. Knowing what’s ahead and where the new opportunities are can help you maintain a competitive edge. Mintz Levin’s attorneys are on the frontlines, influencing reforms and interpreting regulations that will affect your organization. We understand how significant developments will impact the health care industry as a whole, and that can help keep your business healthy.

Through our experience counseling clients in every sector of the health care industry, we have gained a deep knowledge of the specific business drivers, operational issues, and regulatory challenges that face each type of entity. We counsel every type of business in the health care industry, from providers, payors, pharmacies, manufacturers, suppliers, and distributors to lenders and investors. 

Health Law
If you’re looking for a law firm with health law attorneys who can help you face every legal challenge, then you’ve found it with Mintz Levin. Our Health Law Practice is broad, so we can counsel you on all your legal matters — from complying with changing regulations to successfully completing transactions and handling audits and investigations. We can help guide you through industry-wide structural and operational changes as well as help you address matters involving licensure and accreditation, clinical trials and research, and Medicare and Medicaid reimbursement. Our Health Law attorneys are dedicated to the practice of health law and know how to help health care clients address the issues in the industry today.


Antitrust
With regulators and enforcement agencies scrutinizing past and present business practices, relationships, and transactions for antitrust issues, it can be hard to know what will raise a red flag. We can counsel you on making business decisions that comply with antitrust laws and regulations. And in the event a state or federal regulator or enforcement agency is investigating you for anticompetitive business practices, our antitrust attorneys will vigorously represent you. We can also assist you with the FTC and DOJ approval process for a merger, acquisition, or other transaction.


Health Care Enforcement Defense
It’s good to know if your company has an issue before the government gets involved. And if the government does become involved, it’s critical to have a legal team who can vigorously represent you while working to lessen the impact of a government investigation or enforcement action on your business. Mintz Levin’s Health Care Enforcement Defense Practice brings together health care industry attorneys, attorneys who have held government positions, and experienced litigators who can assist you with everything from favorably resolving allegations of health care fraud to putting together compliance and training programs, conducting internal investigations, and conducting regulatory due diligence in transactions.


Employment, Labor & Benefits
We can assist you with the workplace laws and regulations that you are required to comply with from hiring through termination as well as handle labor / union negotiations. We can be a resource for day-to-day employment questions as well as any conflicts or issues that may arise. We will work closely with your management and HR departments to help you develop best practices and the best responses to potential situations.


Corporate Governance
We can help you or your corporation, board, or committee successfully navigate through the demands and risks of board and committee service. Our Corporate Governance Practice attorneys can provide you with strategic counseling on rules and best practices as well as advise you on insurance, risk management, and litigation matters.


Litigation
Disputes and investigations can impact not only your bottom line, but also your reputation. Our attorneys can help you manage these situations before they escalate into a lawsuit or enforcement action. And if you are dealing with a dispute or an investigation, we will work with you to find the best solution for your business. We have successfully represented a variety of health care companies, including providers and payors, in matters including general corporate litigation and breach of contract disputes.


Corporate & Transactional Law
Knowing the compliance and regulatory issues involved in a transaction will help it go more smoothly for you. Our Health Law attorneys regularly help clients structure deals that are designed to comply with all the required laws and regulations, protecting your legal interests while expanding your business. We regularly undertake due diligence and counsel clients in all types of transactions, including mergers, acquisitions, sales and affiliations; joint ventures and strategic alliances; disaffiliations and unwinds; venture capital, private equity, and other private and institutional financings; facility and management company partnering; technology and intellectual property licensing; and conversions of public and nonprofit hospitals.


Government Law & Contracts
When you need to know the system to move forward with your agenda, our Government Law & Contracts attorneys can help you navigate through it. We regularly utilize our knowledge of policy making, legislation, regulations, processes, and procedures for the benefit of our clients in the public and private sectors. When necessary, we can call upon our affiliate, ML Strategies, LLC, to help you achieve your objectives.


Immigration
Whether you need to bring an employee to the United States or secure a US visa for yourself as an accomplished individual or investor, Mintz Levin’s Immigration attorneys will tenaciously represent you. We’re known for helping companies, accomplished individuals, and investors in routine and extraordinary US immigration matters.


Intellectual Property
Protecting your intellectual property throughout the world does not need to involve more than one law firm. Mintz Levin’s Intellectual Property attorneys in the United States and Europe will work together to obtain and enforce the best possible protection for your intellectual property assets. We have served as a single point of contact for hospitals, life sciences companies, medical device companies, pharmaceutical companies, research centers, and universities on their IP matters, including licensing and technology transfer, patent enforcement, copyright and trademark protection, and IP prosecution and litigation.


Public Finance
We can help you find flexible financing solutions for your infrastructure projects. Our attorneys understand your primary goal is to do what’s best for your institution, and using our extensive knowledge of financing products, we will work with you to structure a solution that is economically efficient and has the maximum flexibility in its financial covenants. We serve as bond counsel, underwriters’ counsel, and institutions’ counsel to hospitals and health care organizations. Our clients include the largest health care organizations in the United States and most investment banking firms.


Privacy & Security
Data privacy and security issues have become an everyday business problem in the health care industry. We can counsel you regarding the requirements of health care privacy and security laws, including HIPAA, HITECH, the Communications Act, the Gramm-Leach-Bliley Act, the EU Data Directive, state privacy laws, state data breach laws, and privacy-related common law. In addition to assisting you with the implementation of mandated policies under federal, state, and local privacy laws, we can manage the disclosure of any data breaches and losses of protected health information as well as defend you in civil or criminal enforcement actions.


Real Estate
Whether your business is a landlord or tenant or in the process of expanding or developing a facility, Mintz Levin’s Real Estate attorneys can guide you through the complexities of your real estate transactions. We have specific health care industry experience, including private use analysis for nonprofit health care providers and R&D campus development projects. Our clients include clinics, long-term care facilities, hospitals, and centers for excellence.


Tax
Whether it’s at the local, state, or federal level, tax issues often touch many areas of the law. That’s why Mintz Levin’s Tax attorneys are integrated with other practices in order to provide quick and efficient resolution.

Sort by: Name  Title  Office

Lisa Adams

Lisa Adams

Member

Boston 617-348-3054
Priya K. Agrawal

Priya K. Agrawal

Associate

New York (212) 692-6708
Boston 617-348-3084
New York (212) 692-6866
David Barmak

David Barmak

Member

Washington, DC (202) 585-3507
Boston (617) 348-1707
Francis X. Bellotti

Francis X. Bellotti

Of Counsel

Boston (617) 348-1606
Boston (617) 348-1784
Washington, DC (202) 661-8715
Boston (617) 348-4472
Boston (617) 348-3057
Scott Biel

Scott Biel

Member

San Diego (858) 314-1555
Los Angeles (310) 586-3200
San Francisco (415) 432-6000
New York (212) 692-6869
Boston (617) 348-4498
Boston (617) 348-3073
Boston (617) 348-1614
Boston (617) 348-3097
Boston (617) 348-1705
Steven B. Callahan

Steven B. Callahan

Of Counsel

New York (212) 692-6218
Boston (617) 348-4425
Stamford (203) 658-1700
New York (212) 692-6231
Stamford 203-658-1700
Washington, DC 202-434-7300
Barbara Chin

Barbara Chin

Associate

Boston (617) 348-4405
William L. Coffman

William L. Coffman

Of Counsel

Boston (617) 348-1890
Boston (617) 348-4468
John P. Condon

John P. Condon

Associate

Boston (617) 348-4453
James Conley

James Conley

Member

San Diego (858) 314-1514
Mo Cowan

Mo Cowan

Of Counsel
ML Strategies - Senior Vice President & Chief Operating Officer

Boston 617-348-1600
Boston (617) 348-1676
Washington, DC (202) 661-8787
New York (212) 692-6217
Boston (617) 348-4716
Katya Daniel

Katya Daniel

Associate

Boston (617) 348-1782
Boston (617) 348-1670
New York (212) 692-6703
Robert Duggan

Robert Duggan

Member

Boston (617) 348-1780
Brian P. Dunphy

Brian P. Dunphy

Associate

Boston (617) 348-1810
New York (212) 692-6730
Boston (617) 348-1635
Boston (617) 348-3003
Isobel Finnie

Isobel Finnie

Member

London, UK +44 20 7776 7318
Boston (617) 348-1868
Boston (617) 348-4474
Washington, DC (202) 661-8758
Boston (617) 348-1642
Boston (617) 348-1834
Jason W. Georgitis

Jason W. Georgitis

Associate

Boston (617) 348-1644
Kristin A. Gerber

Kristin A. Gerber

Associate

Boston 617-348-3043
New York (212) 692-6247
Kimberly J. Gold

Kimberly J. Gold

Associate

New York (212) 692-6706
Boston (617) 348-1651
Ian A. Hammel

Ian A. Hammel

Member

Boston (617) 348-1724
Boston (617) 348-1654
Sarah T. Hogan

Sarah T. Hogan

Associate

Boston 617-348-1883
Boston (617) 348-1657
Boston (617) 348-1706
Boston (617) 348-4939
Boston (617) 348-1662
Boston (617) 348-1665
Helen J. Kim

Helen J. Kim

Associate

Washington, DC (202) 434-7460
Boston (617) 348-1829
New York (212) 692-6768
Boston (617) 348-1638
Pamela Kramer

Pamela Kramer

Of Counsel

New York (212) 692-6737
Wynter N. Lavier

Wynter N. Lavier

Associate

San Diego 858-314-2772
Boston (617) 348-4780
Boston (617) 348-4832
Dionne Lomax

Dionne Lomax

Member

Washington, DC 202-434-7419
San Diego (858) 314-1519
San Diego (858) 314-1542
Boris A. Matvenko

Boris A. Matvenko

Of Counsel

New York (212) 692-6858
Boston (617) 348-1683
Boston (617) 348-1688
New York (212) 692-6794
Boston (617) 348-1691
New York (212) 692-6700
Bridget A. Moorhead

Bridget A. Moorhead

Of Counsel

San Diego (858) 314-1585
Boston (617) 348-1836
Julie J. Muyco

Julie J. Muyco

Patent Agent

San Diego (858) 314-1563
Boston (617) 348-1620
Boston (617) 348-4865
New York (212) 692-6774
Maura M. Pelham

Maura M. Pelham

Contract Attorney

Boston (617) 348-1851
Boston (617) 348-4454
New York (212) 692-6838
Boston (617) 348-1841
Gauri P. Punjabi

Gauri P. Punjabi

Associate

Boston 617-348-1760
Linda Rockett

Linda Rockett

Member

Boston (617) 348-4888
San Diego (858) 314-1527
Los Angeles (310) 586-3200
San Francisco (415) 432-6080
Carrie A. Roll

Carrie A. Roll

Associate

Washington, DC (202) 434-7350
New York (212) 692-6889
San Diego (858) 314-1550
New York (212) 692-6766
Stamford (203) 388-8464
San Diego (858) 314-1873
Boston (617) 348-1730
Daniel Sellwood

Daniel Sellwood

Technical Assistant

London, UK +44 20 7776 7338
Jessica C. Sergi

Jessica C. Sergi

Associate

Boston (617) 348-1766
Bram Shapiro

Bram Shapiro

Member

Boston (617) 348-1610
Andrew J. Shin

Andrew J. Shin

ML Strategies - Director, Health Care Policy & Life Sciences

Washington, DC 202-434-7487
Farrah Short

Farrah Short

Associate

Washington, DC (202) 585-3518
Gurneet Singh

Gurneet Singh

Technology Specialist

New York 212-692-6842
Boston (617) 348-3039
Boston (617) 348-1689
Washington, DC (202) 434-7303
Boston (617) 348-1739
Nancy J. Sterling, APR

Nancy J. Sterling, APR

ML Strategies - Senior Vice President, Strategic Communications

Boston (617) 348-1811
Ellyn L. Sternfield

Ellyn L. Sternfield

Of Counsel

Washington, DC (202) 434-7445
Kate F. Stewart

Kate F. Stewart

Associate

Boston (617) 348-4427
Tara E. Swenson

Tara E. Swenson

Associate

Washington, DC (202) 585-3504
Aaron M. Tidman

Aaron M. Tidman

Associate

Washington, DC (202) 434-7392
Tali M. Tuchin

Tali M. Tuchin

Of Counsel

San Diego (858) 314-1558
Colin G. Van Dyke

Colin G. Van Dyke

Associate

Boston (617) 348-1655
Boston (617) 348-1612
Boston (617) 210-6856
Boston (617) 348-1757
Boston (617) 348-1758
Washington, DC (202) 434-7437
Howard Wisnia

Howard Wisnia

Member

San Diego (858) 314-1592
San Francisco 415-432-6101
Nili S. Yolin

Nili S. Yolin

Member

New York (212) 692-6799
Dean G. Zioze

Dean G. Zioze

Member

Boston (617) 348-4795

Antitrust

  • Represented one of the nation’s premier pharmacy chains in its $27 billion acquisition of a “big three” pharmacy benefits manager.
  • Represent physicians, hospitals, ancillary care providers, independent practice associations, physician-hospital organizations, pharmacy services administrative organizations, trade associations, and insurers in all phases of investigation and litigation arising from antitrust claims and other civil statutes.
  • Represented CVS in the antitrust aspects of its $2.7 billion acquisition of Longs Drugs.
  • Provided antitrust and regulatory advice to Partners HealthCare related to its courtship and plan to have South Shore Hospital, a 318-bed hospital in eastern Massachusetts, merge into the Partners system. The firm filed Partners’ Hart-Scott-Rodino forms and is representing Partners in the investigation of the acquisition by the Department of Justice Antitrust Division and the Massachusetts Attorney General.
  • Serving as “deal counsel” for antitrust issues related to Partners HealthCare’s plan to merge Cooley Dickinson Hospital, a 140-bed hospital in western Massachusetts, with Massachusetts General Hospital. The firm filed both parties’ Hart-Scott-Rodino forms with the federal antitrust agencies and is facilitating review of the transaction by the Department of Justice Antitrust Division and the Massachusetts Attorney General.
  • Developed and facilitated implementation of clinical integration programs for two nationally renowned systems with academic medical centers and community hospitals.
  • One of our antitrust attorneys obtained advisory opinion letters from the Federal Trade Commission for Greater Rochester IPA and TriState Health Partners regarding their creation and implementation of clinical integration programs.
  • Assisted with the creation and implementation of clinically integrated networks of medical staff physicians for a variety of hospitals and health systems, from the small, rural hospital to a multi-hospital system spread across a state.
  • Advised the first clinically integrated hospital network created in the nation and are working on the creation of others, including one that involves the integration of hospitals, physicians, skilled nursing facilities, and long-term care facilities.
  • Worked with three clients in preparing Pioneer ACO applications, and provide regular counseling to five of the 32 Pioneer program participants.
  • Assisted Accountable Care Clinical Services and four other clients in preparing successful MSSP ACO applications.
  • Assisted several messenger model and risk-contracting IPAs and PHOs in the transition to clinical integration.

Corporate & Transactional Law

  • Represented a private equity firm in one of the largest health care transactions to take place in Massachusetts. We negotiated to protect thousands of confidential and proprietary documents submitted to the Attorney General’s Office as part of its review and approval of the transaction.
  • Advised a national independent laboratory on state, federal, and accrediting agency notice and approval requirements in connection with the division of the company and subsequent acquisition of one subsidiary and prepared hundreds of filings to be submitted to all agencies.
  • Represent one of the nation's most prestigious health care providers and hospital groups, since its creation over 15 years ago, to help it make smooth and efficient acquisitions and respond effectively to government investigations.
  • Represented one of the nation’s premier pharmacy chains in its $27 billion acquisition of a “big three” pharmacy benefits manager.
  • Negotiated an outsourcing agreement with an Indian data processing company for a health care data analytics company.
  • Negotiated SaaS agreements for a health care data analytics company offering subscription-based data analytics products.
  • Negotiated strategic collaborations with consumer health portals, e-prescribing vendors, payment processing service providers, and consumer health content publishers for an innovative provider of online care.
  • Negotiated a strategic distribution arrangement with a leading telecommunications carrier for an international mobile health IT applications company.
  • Negotiated a strategic exclusive license arrangement with a large EHR vendor and health care data analytics company for distribution of an integrated platform.
  • Represented hospital systems in strategic collaborations with major IT companies.
  • Coordinate the Medicare and Medicaid change of ownership process for a variety of clients, such as independent laboratories, hospitals, and home health agencies.
  • Represented AMICAS, Inc. in its $215 million sale to Merge Healthcare, Incorporated.
  • Represented CVS in the antitrust aspects of its $2.7 billion acquisition of Longs Drugs.
  • Advised a health care and life sciences private equity firm on its acquisition of a pathology laboratory company.
  • Advised a national operator of skilled nursing facilities on the acquisition and sale of facilities in several states.
  • Counseled a nationwide dialysis services provider on a variety of transactions involving both acquisitions of dialysis clinics and joint ventures with dialysis providers throughout the United States.
  • Represented a behavioral health management company in a merger with another behavioral health management company.
  • Represented a New York hospital in its affiliation with, and in becoming a member institution of, a large regional health care system.
  • Represented AMICAS, Inc. in its sale to a leading private equity fund followed by a topping bid from Merge Healthcare.
  • Represented Verathon, Inc. in its sale to Roper Industries, Inc. on behalf of DW Healthcare Partners.
  • Represented Reveal Imaging Technologies, Inc. in its sale to Science Applications International Corporation (SAIC) on behalf of a premier investor group.
  • Represent Beacon Health Strategies, a platform company of Diamond Castle Holdings, in its platform deal and numerous add-on acquisitions.
  • Represented Frazier Healthcare in its acquisition of Orthotic Holdings Inc., a holding of Langer Biomechanics, Arizona AFO and The Orthotic Group, from majority owner, Incline Equity Partners.
  • Represented Cerberus Capital Management, a New York City-based private equity firm, in its $800M+ acquisition of the Caritas Christi Health Care system, a six-hospital non-profit system owned by the Roman Catholic Archdiocese of Boston. The firm served as local counsel on corporate, regulatory and reimbursement matters, including facilitating the completion of a purchase and sale agreement, Department of Public Health and Attorney General approval, and related matters.
  • Represented Piramal Healthcare Limited, an India-based drug company, in its acquisition of Decision Resources Group, a Massachusetts-based health care information data provider.

Employment, Labor & Benefits

  • Represented a durable medical equipment distributor and orthotic and prosthetic services provider that sued a benefit management company and others for violating confidentiality agreements, unfair competition, and other business torts arising from misappropriated trade secrets.
  • Successfully negotiated a settlement on behalf of a publicly traded medical device company and two sales executives in a noncompete action brought by the sales executives’ former employer, a Fortune 100 medical device company.
  • Represented the new CEO of one of the world’s largest suppliers to the health care industry with respect to employment terms and compensation.
  • Conduct a state-by-state analysis and audit of a managed care organization’s operations for fraud, abuse, and waste.
  • Defended a publicly held medical supply manufacturer in a series of FLSA actions (individual and collective). Successfully negotiated notice, achieving an opt-in rate of only 8%.
  • On behalf of a diagnostics service provider, successfully negotiated a favorable settlement agreement for a wage and hour class action filed on behalf of pickup and delivery drivers who alleged failure to pay overtime. Majority of the settlement amount was funded by joint defendants based on the client’s position that it was not the principle employer of the putative class members.
  • On behalf of Cambridge Health Alliance, obtained dismissal of all state overtime claims for unionized class members on federal labor law preemption grounds in hybrid collective action and class action filed by a nurse on behalf of all non-exempt employees.
  • Represented Fidelis Health Care, Inc. in connection with a hybrid collective and class action for FLSA (failure to pay overtime) and New York Labor Law (wage law violations) claims.

Government Law & Contracts

  • Advised an academic medical center applicant throughout the NIH grant application process and with ongoing compliance with federal grants regulations.
  • Advised the Institutional Animal Care and Use Committee of a large, academic medical center on a variety of preclinical studies, including studies involving a primate model.
  • Counseled the Commonwealth of Massachusetts in connection with the historic 2006 Massachusetts health care reform law. Our lawyers have testified before the Senate Finance Committee and provided briefings to the staffs of various US House and Senate committees and subcommittees on federal health care reform.
  • Provided strategic and legal advice to the Massachusetts Health Information Technology Council, which was charged with developing a statewide Health Information Exchange.

Health Care Enforcement Defense

  • Defend clients against alleged violations of laws prohibiting the following:
    • Offering or receipt of kickbacks and other financial inducements
    • Filing of false claims with government health insurance programs
    • Marketing of drugs and devices in violation of the Food, Drug, and Cosmetic Act
    • Maintenance of financial relationships that create unlawful conflicts of interest
  • Draft compliance program documents for medical device manufacturers, clinical laboratories, group purchasing organizations, and other clients, and advise on compliance program implementation.
  • Represent clients in government investigations and litigation involving Medicare and Medicaid reimbursement issues, including matters before the Provider Reimbursement Review Board, the Departmental Appeals Board, and state and federal courts.
  • Served as health care regulatory counsel to a hospital executive and his management company in a criminal cost report fraud case, United States v. Jones (5th Cir. Jan.16, 2007), and obtained reversal of the district court’s sentencing and restitution order based on weaknesses in the government’s case.
  • Obtained a favorable resolution for a large retail pharmacy client involved in a government investigation into pharmacy reimbursement for generic pharmaceuticals.
  • Obtained a favorable resolution for a national, multisite anatomic pathology laboratory subject to a federal False Claims Act investigation that had arisen as a result of a qui tam case filed under seal by a relator against eight corporate defendants and 20 John Does.

Health Law

  • Represented a dialysis services provider in successfully obtaining certificates of need in the District of Columbia to open new dialysis centers, add modalities, and acquire the assets of another provider.
  • Worked with leaders of key regulatory agencies in Massachusetts to formulate regulations applicable to limited services clinics and successfully facilitated the opening of the first limited services clinics in Massachusetts.
  • Assisted a private company in the establishment of a stem cell research oversight committee to support its stem cell research program, in compliance with state and federal standards.
  • Counseled a large clinical diagnostics company on the design and implementation of a tissue banking and outcomes research program, including acquisition of clinical data within regulatory confines to support an outcomes research program.
  • Counseled a pharmaceutical company on the acquisition of tissue samples post mortem and associated clinical data to support its research program.
  • Counseled the IRB of a large, academic medical center with a research program averaging 200 active protocols annually and ranging from late-stage drug studies to xenotransplantation.
  • Negotiated agreements for international clinical trials for one of the UK’s major contract research organizations on behalf of a US-based pharmaceutical firm.
  • Advise multiple pharmaceutical manufacturers and medical device companies on the application of state and federal laws requiring implementation of certain compliance policies and reporting of transfers of value to physicians and other health care professionals.
  • Provide specialized compliance training for sales force employees of pharmaceutical manufacturers, medical device companies, and clinical laboratories.
  • We assisted a Residency in Pediatrics in securing continued full accreditation after a period of probation. We worked with the program to develop new goals and objectives, revised its affiliation agreements, and presented its involvement in scholarly activity in a clear and coherent fashion.
  • We filed an administrative appeal in connection with the ACGME’s proposed expedited withdrawal of the accreditation of a hospital’s Residency in Anesthesiology. We worked with the program and the hospital, a member of a large health system, to prepare and submit to the ACGME several volumes of material in response to the nine separate citations of noncompliance that were levied against the program. We were successful in convincing the ACGME to rescind the proposed expedited withdrawal of accreditation, and to restore the program’s accreditation.
  • We secured a reversal of the Residency Review Committee’s determination to withdraw the accreditation of a New Jersey hospital’s Cardiovascular Disease Fellowship Program outside of the scope of the ACGME’s appeals rules. The RRC’s decision to withdraw the program’s accreditation was premised on one basic assumption — that the program had 13, rather than 15, peer-reviewed publications — and that assumption was wrong. Rather than pursuing a costly and time-consuming appeal, or going through the process of preparing a new application and undergoing a new site visit, we submitted a letter of clarification that corrected this factual error on the part of the RRC.
  • We secured five-year accreditation cycles — the longest available — for two New York City hospitals’ Residencies in Surgery and a third New York City hospital’s Residency in Anesthesiology. We evaluated their data and assisted them in preparing their Program Information Forms, met with their faculty members and residents to discuss prior citations and how they had been addressed, and conducted mock site visits to prepare the programs for their Residency Review Committee site visits.
  • Acted as general counsel to an international software company providing clinical information and EHR systems for critical, peri-operative, and acute care environments.
  • Advised a multispecialty physician group on procuring an EHR system.
  • Advised a pharmacy benefits manager on procurement of a new claims processing platform.
  • Advised a community hospital on procuring a web-based patient communication portal.
  • Advise clients on Medicare and Medicaid enrollment and participation matters and prepare enrollment applications, including the CMS 855.
  • Advise Medicare Part A providers and Medicare Part B suppliers on rules governing coverage and payment for the products and services they provide.
  • Assist MA organizations and Medicare Part D plans in preparing for and responding to audits by CMS and the Office of Inspector General for the Department of Health and Human Services.
  • Counsel Medicare Advantage (MA) organizations and Medicare Part D plans on various program requirements, including bid development, plan design, marketing, enrollment, compliance, and fraud, waste, and abuse.
  • Negotiated a $21 million settlement for a hospital client in a Medicare reimbursement appeal before the Provider Reimbursement Review Board.
  • Assisted many public and private employers in the health care industry with affirmative action plans and audits.

Intellectual Property

  • Developed a comprehensive document collection plan and thereunder reviewed and produced more than 1 million documents relating to a dispute regarding a pharmaceutical commercialization and marketing collaboration agreement between two life sciences companies using a combination of document review and Mintz Levin attorneys.

Litigation

  • Decision by the Massachusetts Supreme Judicial Court to reverse the decision of the trial court resulting in our client, a pharmaceutical company, recovering nearly $7 million in compensation and bonuses from a disloyal former CEO.
  • Obtained dismissal with prejudice of claims brought on behalf of a putative class of employee benefit plans, insurers, managed care organizations, and third-party payors alleging violations of RICO and state consumer protection laws in connection with the sales of laboratory test kits.
  • Represented a pharmaceutical company in a claim brought by a woman who alleged that she suffered a rare syndrome as a result of her use of an oral contraceptive. A summary judgment issued in the company’s favor by the district court was subsequently affirmed by first circuit in a precedent-setting case regarding scope of “discovery rule” exception to statute of limitations.
  • Represented a pharmaceutical company in wrongful death and personal injury actions involving participants in phase III clinical trials.
  • Serve as national counsel to a large biopharmaceutical company, representing it in many states in cases involving several complex biologic drug products.
  • Coordinated and oversaw the collection, review, and production of more than two terabytes of data — approximately 85 million pages — for a Fortune 20 pharmacy services company relying on the identification of primary review sources using early case assessment technology and review metrics.
  • Currently serve as national e-discovery counsel for a leading biotechnology company building a litigation document database and coordinating discovery efforts in more than 15 state, federal, and international jurisdictions.
  • Implemented a litigation hold and document collection protocol for a diagnostic developer and manufacturer with no litigation experience or readiness requiring a comprehensive analysis and identification of more than 30 company employees in Europe and the United States as well as the preservation and collection of more than 2 million pages of documents.
  • Represented a health information technology company in connection with FCPA issues relating to a business finder arrangement and advised the company in evaluating potential FCPA red flags.
  • Represented a biotech company and the company’s directors in two shareholders derivative cases (filed in New Jersey and the Delaware Court of Chancery) alleging breach of fiduciary duty and a federal class action alleging breach of fiduciary duty and violation of Section 14 of the Securities Exchange Act of 1934 arising out of a pending acquisition of the company. Once our client announced the transaction, plaintiffs sued seeking to enjoin the transaction. We opposed the preliminary injunction in Delaware and won at both the trial and appellate levels. We successfully moved to stay the New Jersey state action. The New Jersey federal plaintiff voluntarily dismissed his complaint after receipt of our motion to dismiss papers.
  • Won a jury verdict defending a global public biotechnology company in a $68 million securities fraud class action suit. In the pretrial phase, Mintz Levin obtained dismissal of the majority of the plaintiffs’ claims. After an eight-day trial, the jury needed just three hours to reach a verdict completely absolving both the company and its chairman of any wrongdoing. The National Law Journal featured the victory as one of the top defense verdicts in the country.
  • Successfully defended a for-profit hospital chain in a suit where the plaintiff sought to enjoin our client’s leveraged buyout.
  • Successfully defended a hospital client in a matter involving an elderly patient against a preliminary injunction motion and multiple follow-up motions regarding medical decision-making rights, patient visitation issues, and access to medical records.

Privacy & Security

  • In a bench trial on a landmark case concerning the preservation of medical records privacy, we obtained judgment dismissing all claims against our client. Previously, we had successfully obtained dismissal of the bulk of plaintiff’s claims through an early motion to dismiss and a subsequent motion for summary judgment. We also successfully obtained an order decertifying a statewide class previously certified in the case. This string of successes resulted in complete victory in a matter in which the plaintiff had originally claimed class-wide damages in excess of $100 million.
  • Counsel pharmacy benefit managers on numerous regulatory issues, including Medicare Part D compliance and HIPAA privacy and security compliance.
  • Advised an online behavioral health company on online contracting, licensing, and distribution matters.
  • Represented hospital systems in strategic collaborations with major IT companies.
  • Advised the independent state agency (known as the Connector) formed to manage Massachusetts’s health insurance program on the substantial outsourcing of its customer service center operations.
  • Represented a US-based pharmaceutical company with the establishment of an international data registry to support clinical research
  • Served as counsel to a health care provider on the investigation and mitigation of a data breach involving more than 20,000 patients of a large hospital.

Real Estate

  • Obtained regulatory approvals for a hospital building a new medical-surgical wing and a cancer center (jointly developed by a hospital, physician practice, and clinic) to  provide radiation oncology, chemotherapy, and related services.
  • Represent UMass Memorial Medical Center in connection with the construction and development of a 300,000-square-foot research and development facility in Worcester, MA.
  • Counseled a university in acquiring land and buildings for the establishment of a new medical school, and in handling related regulatory and accreditation issues.

Clients We Serve

Providers

  • Academic medical centers
  • Ambulatory service providers
  • Dialysis providers
  • Hospice providers
  • Home care agencies
  • Laboratories
  • Hospitals and hospital systems
  • Assisted living / life care communities
  • Physicians / physician practices
  • Post-acute and long-term care facilities
  • Allied health providers
  • Retail clinics

Payors

  • Commercial insurers
  • Medicare / Medicaid managed care plans
  • Medicare Part D plans
  • TRICARE
  • Pharmacy benefit managers

Pharmacies

  • Retail
  • Specialty
  • Internet / mail-order

Manufacturers, Suppliers & Distributors

  • Health care IT
  • Durable medical equipment
  • Medical devices
  • Pharmaceutical products
  • Biotech products
  • Diagnostics companies

Lenders & Investors

  • Bond Issuers / underwriters
  • Commercial lenders
  • Private equity
  • Venture capital
  • Investment banks
  • Hedge funds

Representative Clients

  • American Well
  • Ampersand Capital Partners
  • Archdiocese of New York
  • Beacon Health Strategies
  • Brigham and Women’s Hospital
  • Caris Life Sciences, Ltd.
  • Catamaran Corp.
  • CVS Health Corporation
  • Dana-Farber Cancer Institute
  • DaVita HealthCare Partners Inc.
  • DW Healthcare Partners
  • Fidelis Care New York
  • HealthpointCapital
  • iMDsoft
  • ImmunoGen, Inc.
  • Kindred Healthcare, Inc.
  • Linden, LLC
  • Miraca Life Sciences, Inc.
  • Partners HealthCare System, Inc.
  • QIAGEN N.V.
  • Quest Diagnostics Incorporated
  • Tenet Healthcare
  • The Wartburg Adult Care Community
  • Tufts Medical Center

Upcoming

Past