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Cody Keetch

(he/him/his)

Associate

[email protected]

+1.212.692.6760

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Cody focuses his practice on health care transactions and advises health care organizations on regulatory, compliance, and governance matters. He regularly negotiates and drafts documents for mergers, acquisitions, and reorganizations. Cody assists clients with formation and dissolution, governance disclosures to state regulatory bodies, employment agreements, and licensure and certification applications. His practice involves preparing a wide variety of corporate and commercial agreements, including license and service agreements. In addition, Cody represents clients in the technology and life sciences industries.

Prior to joining Mintz, Cody was an associate at a Long Island, New York–based boutique law firm that serves the health care industry, where he handled transactional, corporate, and compliance matters.

While attending law school, Cody had a number of internships and externships focusing on legal issues affecting the health care sector, including with the Health Care Bureau of the New York State Attorney General’s Office and the Centers for Disease Control and Prevention in Atlanta,  researching and drafting pleadings, motions, and memorandums on health law and other legal issues. Cody also worked as a legal extern at the American Cancer Society in Atlanta and a legal intern at the Children's Cancer & Blood Foundation in New York, where he focused on contracting and corporate governance matters.

Cody participated in the Transactional Law Certificate Program at Emory University School of Law.

Education

  • Emory University (JD)
  • University of Michigan (BA)

Languages

- Spanish

Viewpoints

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On May 11, 2022, New York Governor Kathy Hochul announced the creation of the Department of Financial Services’ Pharmacy Benefits Bureau. Governor Hochul noted that the Pharmacy Benefits Bureau is the first of its kind in the country. The Pharmacy Benefits Bureau will be tasked with implementing and overseeing new licensing and reporting requirements impacting Pharmacy Benefit Managers (PBMs) in New York. This blog post provides an analysis of the intended purpose of the Pharmacy Benefits Bureau and an overview of the new PBM guidance from the Department of Financial Services.
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Pro Bono Viewpoint
Many of our nation’s 18 million veterans experience significant day-to-day challenges related to their time in the military. Through our pro bono legal counsel and the firm’s community services, including a holiday gift drive for veterans, we assist many nonprofit and advocacy organizations working to improve veterans’ lives.
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New York To Require Licensure of Pharmacy Benefit Managers

February 25, 2022 | Blog | By Cody Keetch, Jean D. Krebs, Nick Torres

In an effort to counteract rising prescription drug costs and health insurance premiums, New York Governor Hochul signed S3762/A1396 (the Act) on December 31, 2021.  This legislation specifies the registration, licensure, and reporting requirements of pharmacy benefit managers (PBMs) operating in New York. The Superintendent of the Department of Financial Services (Superintendent) will oversee the implementation of this legislation and the ongoing registration and licensure of PBMs in New York. Notably, this legislation establishes a duty of accountability and transparency that PBMs owe in the performance of pharmacy benefit management services.
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Throughout 2021, former Governor Andrew Cuomo introduced sweeping legislation to initiate reform in nursing homes licensed under Article 28 of the New York Public Health Law. While many of these laws took effect this past year, some are set to take effect in the New Year and beyond. Below we provide a brief overview of three that are taking effect in January 2022.
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Entirely Virtual Shareholder & Member Meetings Now Permitted in New York

November 23, 2021 | Blog | By Cody Keetch, Jean D. Krebs

On November 8, 2021, Governor Hochul signed legislation to permanently amend the New York Business Corporation Law and New York Not-for-Profit Corporation Law. Under the new law, for profit and not-for-profit corporations are permitted to hold their shareholder or member meetings solely through virtual means, unless such virtual meetings are prohibited by a corporation’s articles of organization or bylaws.
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On Friday, August 6, 2021, Pharmaceutical Research and Manufacturers of America (PhRMA), the preeminent trade association representing pharmacies companies, announced revisions to its Code on Interactions with Health Care Professionals (PhRMA Code) that will become effective January 1, 2022. The PhRMA Code is a voluntary code for pharmaceutical companies, but its standards are considered to be best practices and are commonly adhered to by pharmaceutical and medical device companies. Moreover, some states (e.g. California, Massachusetts, Nevada, and the District of Columbia) require pharmaceutical companies to adopt a code consistent with the PhRMA Code.

The changes to the PhRMA Code are undoubtedly in response to a November 16, 2020, Special Fraud Alert from the Department of Health and Human Services’ Office of the Inspector General (OIG), on “fraud and abuse risks associated … speaker programs.” (For additional information on the OIG’s Special Fraud Alert, please see our November 25, 2020 blog post.) Speaker programs are a common practice in the industry and generally entail pharmaceutical and medical device companies retaining health care professionals (HCPs) to speak or present to educate their peers on the companies’ drugs or devices.
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On June 24, 2021, the Food and Drug Administration (FDA) issued the long-awaited Remanufacturing of Medical Devices Draft Guidance, which describes the agency’s current thinking on activities that meet the definition of remanufacturing and a process for determining whether an act done to an original equipment manufacturer’s (OEM’s) legally marketed finished device is considered remanufacturing (the “Draft Remanufacturing Guidance”).
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The American Families Plan & A Call for Drug Pricing Legislation

May 10, 2021 | Blog | By Theresa Carnegie, Cody Keetch

On April 28, 2021, President Biden gave his first address to Congress and announced the American Families Plan (AFP). The AFP follows the 1.9 trillion-dollar stimulus, the American Rescue Plan Act, signed into law on March 11, 2021. Notably, in his speech, President Biden called upon Congress to pass drug pricing legislation; however, the current White House Fact Sheet on the AFP does not include specific drug pricing provisions. This blog post discusses the health-related portions of the AFP and provides an overview of the Lower Drug Costs Now Act which seeks to lower prescription drug prices.
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