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Daniel A. Cody

Member

[email protected]

+1.415.432.6114

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Dan has more than 20 years of experience representing clients across the health care and life sciences sectors, including in the digital health industry, providing strategic counseling and leading civil fraud and abuse investigations.

Dan represents a diverse set of clients, such as hospitals, health systems, physicians, post-acute care entities, digital health and medical technology companies, life sciences organizations, and investors on a broad range of complex regulatory, compliance, privacy, and transactional matters. Dan assists clients in navigating evolving federal and state laws and regulations regarding pricing and reimbursement, licensing and accreditation, state corporate practice of medicine, privacy and consent, federal and state anti-kickback statutes, and federal and state self-referral provisions. He additionally oversees regulatory due diligence in mergers, acquisitions, and other transactional matters.

Drawing upon knowledge gained from representing a wide range of health industry sector clients and leveraging his extensive regulatory and compliance background, Dan represents clients in fraud and abuse matters in federal and state courts around the country, with an emphasis on matters involving the civil False Claims Act and similar state laws. Dan also conducts internal investigations and leads mediations and settlement negotiations.

Through the course of his practice, Dan regularly interacts with federal and state entities such as the Department of Justice, the Department of Health and Human Services, and state administrative and enforcement agencies.

In law school, Dan was a staff member of the William & Mary Law Review and an articles editor for the William & Mary Environmental Law and Policy Review.

Dan has more than 20 years of experience representing clients across the health care and life sciences sectors, including in the digital health industry, providing strategic counseling and leading civil fraud and abuse investigations.

Experience

Regulatory

  • Represent digital health companies, hospital systems, and home health and palliative care providers in maintaining compliance with multistate regulatory requirements applicable to telehealth activates of physicians and other health care professionals including licensing, establishing patient relationships, provider-to-provider consulting, supervision and delegation among providers, and prescribing and treatment standards.
  • Providing on-going strategic corporate, regulatory, and privacy advice and counsel to innovative membership-based clinics, hybrid, and telehealth only platforms providing primary, behavioral, and specialty health care.
  • Provide on-going counsel to health systems, physician groups, and other providers in connection with federal and state physician self-referral statutes including structuring arrangements, assessing compensation models, and making necessary self-disclosures.
  • Developed and implemented comprehensive compliance and data privacy programs for health care entities including digital health companies, hospitals, and post-acute care organizations.
  • Advised digital health companies and hospital systems in the establishment and operation of international telehealth programs.
  • Counseled an institutional pharmacy in its internal reorganization of its pharmacy services delivery system.

Investigations/Enforcement

  • Successfully represented a hospital system in resolving two novel federal and California qui tam False Claims Act matters involving the federal and California Department of Justice, Office of Inspector General of the Department of Health and Human Services, and California Department of Health Care Services alleging improper arrangements with Medicaid managed health care plans. 
  • Obtained favorable outcomes for digital health companies and their affiliated physician groups in responding to state medical board investigations regarding the provisions of clinical services including certain laboratory tests and prescription drug orders.
  • Represented a durable medical equipment company in connection with a federal and California qui tam False Claims Act lawsuit alleging violation of state best price requirements.
  • Successfully negotiated on behalf of a hospital system a favorable settlement of a national False Claims Act investigation involving implantable cardiac devices.
  • Obtained reversals of a Medicare contractor post-payment review overpayment determinations against physicians and post-acute care providers utilizing a creative administrate appeal/litigation strategy.
  • Represented an Arizona hospital in a False Claims Act investigation of Medicare claims submitted in connection with a clinical research trial.
  • Obtained successful dismissal of federal lawsuits filed against several hospitals and skilled nursing facilities alleging violation of the Medicare Secondary Payer provisions.

Transactional

  • Conducted health care regulatory due diligence on behalf of digital health companies, genetic testing laboratories, and post-acute care providers in connection with financing transactions.
  • Advised private equity companies in their acquisition of health care entities including strategic advice, regulatory due diligence, purchase agreement negotiations, and post-acquisition compliance activities.  
  • Advised a leading genetic testing laboratory in a sale to a newly formed international joint venture in a transaction exceeding $1.0 billion.

 

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viewpoints

California Legislative Update: Reproductive and Gender Affirming Care Rights and Protections

October 11, 2023 | Blog | By Lara Compton, Kathryn Edgerton, Daniel Cody

Governor Gavin Newsom recently signed multiple bills into law as part of California’s ongoing efforts to safeguard access to reproductive and gender affirming health care. The new laws are intended to increase protections for health care providers and patients, increase health care provider availability, and improve patient privacy. In a recent press release, California Legislative Women’s Caucus Vice Chair Assemblymember Cecilia Aguiar-Curry noted: “Last year, we enacted 14 bills and budget funding to expand and protect reproductive rights and services in our state. This year, we build on that momentum with legislation that ensures California remains a national leader in the fight for reproductive justice.”
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January 1, 2024 is rapidly approaching, which is when California’s new Office of Health Care Affordability (OHCA) is set to begin advance regulatory review of certain health care mergers, acquisitions, affiliations, and other arrangements that result in material changes of assets, control, or governance. The law establishing OHCA left many details regarding the types of transactions that would be subject to review to be established by emergency regulations, which have been proposed and are available here. A public workshop will be held on August 15, 2023 (more information here), allowing for public comment and the written comment period will be open until August 31, 2023. The final emergency rulemaking package is expected to be submitted in October 2023.
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News & Press

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Mintz proudly announced the election of 13 attorneys to Members and the addition of a record-setting 22 new lateral Members in 2023, with 11 Partners in the newly opened Toronto office. This diverse group strengthens Mintz’s core areas, spanning Commercial and IP Litigation, Life Sciences, Tech, Private Equity, and Energy & Sustainability. The elevated Members and new lateral additions bring invaluable expertise to help clients navigate complex legal landscapes.
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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
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Law360 covered the arrival of Daniel Cody to the firm's San Francisco office.
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To support the growth of our San Francisco office in our core practices — including life sciences, private equity, and litigation — Mintz welcomed two new Members. Litigator Marc Axelbaum and health law attorney Daniel Cody will help serve hundreds of clients and kick-start plans to double our Bay Area headcount within two years.
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SAN FRANCISCO – Mintz is pleased to announce that Daniel Cody has joined the firm’s Health Law Practice as a Member in the San Francisco office.
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Dan has more than 20 years of experience representing clients across the health care and life sciences sectors, including in the digital health industry, providing strategic counseling and leading civil fraud and abuse investigations.

Recognition & Awards

  • Chambers USA: California ‬– Healthcare (2021‬ – 2023)

  • Daily Journal: "Top Health Care Lawyers" (2020)

  • The Legal 500 United States: Healthcare: Insurers (2017); Healthcare: Service Providers (2014)

  • Daily Journal: "Top 20 Attorneys Under the Age of 40" (2009) 

  • Nightingale's Healthcare News: "Outstanding Young Healthcare Lawyer" (2008)

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Dan has more than 20 years of experience representing clients across the health care and life sciences sectors, including in the digital health industry, providing strategic counseling and leading civil fraud and abuse investigations.

Involvement

  • Member, Health Law Section, American Bar Association
  • Member, American Health Lawyers Association
  • Member, California Society for Healthcare Attorneys
  • Honorary Board Member, Larkin Street Youth Services
  • Board Member, William & Mary Alumni Association Board
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