Cody focuses his practice on health care matters. He dedicates a large portion of his practice to complex health care industry transactions, including mergers and acquisitions, joint ventures, and affiliations, for health care providers and investors across the United States. His recent health care industry merger and acquisition experience includes transactions for a Fortune 250 company, a nephrology practice group, and providers of radiology services.
In addition to his transactional practice, Cody provides counsel to non-profit organizations on matters related to formation and corporate governance and advises digital health companies on general business and corporate matters, including day-to-day corporate governance, corporate compliance, contracting, and HIPAA compliance. He also advises digital health companies on regulatory matters related to telehealth and the corporate practice of medicine.
Cody is actively involved in pro bono matters and regularly advises non-profit organizations on corporate governance matters and matters related to obtaining tax-exempt status.
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 and corporate 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 American Cancer Society, the Centers for Disease Control and Prevention, and the Health Care Bureau of the New York State Attorney General’s Office.
Cody participated in the Transactional Law Certificate Program at Emory University School of Law.
viewpoints
New York Office of Medicaid Inspector General Proposes Regulations on Medicaid Managed Care Fraud, Waste, and Abuse Prevention
August 31, 2022 | Blog | By Cody Keetch, Jean D. Mancheno
On July 26, 2022, we published a blog post detailing part one of three of proposed regulations published by the New York State Office of Medicaid Inspector General (OMIG). The proposed regulations would repeal the current Part 521 - Provider Compliance Programs of Title 18 of the New York Codes, Rules and Regulations (NYCRR) in its entirety and establish new requirements for providers to detect and prevent fraud, waste, and abuse in the Medicaid Program under a new Part 521: Fraud, Waste, and Abuse Prevention (Part 521). In this post, we summarize the second subpart of Part 521 covering proposed regulations that would require MMCOs to develop and implement programs to detect and prevent fraud, waste, and abuse in the Medicaid program.
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New York Office of Medicaid Inspector General Proposes Regulations on Medicaid Provider Compliance Programs
July 26, 2022 | Blog | By Jean D. Mancheno, Cody Keetch
The New York State Office of Medicaid Inspector General (OMIG) published proposed regulations in the July 13, 2022 issue of the New York State Register. The proposed regulations would repeal the current Part 521 - Provider Compliance Programs of Title 18 of the New York Codes, Rules and Regulations (NYCRR) in its entirety and establish new requirements for providers to detect and prevent fraud, waste and abuse in the Medicaid Program under a new Part 521: Fraud, Waste, and Abuse Prevention (Part 521). This blogpost highlights certain provisions from the first of Part 521’s three subparts, Subpart 521-1, that are relevant to New York Medicaid providers as they structure and update their compliance programs.
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White House Issues Telehealth Guidance on Substance Use Disorder Services
July 11, 2022 | Blog | By Lara Compton, Cody Keetch, Jean D. Mancheno
On June 22, 2022, the White House Office of National Drug Control Policy (ONDCP) issued guidance advocating for Congress and federal agencies to make permanent certain telehealth access measures for people struggling with substance use disorders (SUD). The guidance, titled Telehealth and Substance Use Disorder Services in the Era of Covid-19: Review and Recommendations (Guidance), made four recommendations geared at increasing telehealth access, utilization, and equity among individuals who have experienced an SUD. This blogpost with provide an analysis of the four recommendations and their implications.
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New York Establishes First Pharmacy Benefits Bureau in the Nation as Registration and Annual Reporting Deadlines for Pharmacy Benefit Managers Approach
May 25, 2022 | Blog | By Tara E. Dwyer, Cody Keetch, Jean D. Mancheno
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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Life-Changing Support Services Help Veterans Move Forward
February 28, 2022 | Article
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. Mancheno
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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New Year, New Laws: An Overview of New Laws Impacting New York Nursing Homes in January 2022
December 21, 2021 | Blog | By Cody Keetch, Jean D. Mancheno
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. Mancheno
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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PhRMA Updates its Code on Interactions with Health Care Professionals in Response to the OIG's Special Fraud Alert on Speaker Programs
August 17, 2021 | Blog | By Rachel Yount, Cody Keetch, Joe Ort
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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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.
Are You a Medical Device Servicer or Remanufacturer? FDA’s New Guidance May Help…Or Not
July 21, 2021 | Blog | By Benjamin Zegarelli, Cody Keetch
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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News & Press
Publications
- Co-author, "An Overview of the Office of Medicaid Inspector General’s Proposed Medicaid Fraud, Waste, and Abuse Prevention Regulations," New York State Bar Association’s Health Law Journal (January 2023)*
- Co-author, "A Patchwork Framework: A Range of State Health Care Transaction Review Laws Emerges," New York State Bar Association’s Health Law Journal (January 2024)**
*Reprinted with permission from the New York State Bar Association © 2023.
**Reprinted with permission from the New York State Bar Association © 2024.
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