Daryl advises on compliance matters pertaining to federal and state health law statutes and represents clients in health law matters before state and federal courts.
He has counseled clients on transactional and regulatory issues relating to the Beneficiary Inducement Prohibition, federal and state anti-kickback statutes, the Stark Law, and Medicaid and managed care reimbursement. He conducts regulatory analyses on health care transactions and regularly reviews and drafts hospital affiliation agreements, provider group agreements, and managed care contracts.
Prior to joining Mintz, Daryl was an associate in a DC-area law firm with a significant focus on health law. While attending law school, he served as an articles editor for the American Journal of Law & Medicine and as an intern with the Children’s Disability Project at Greater Boston Legal Services, where he assisted with Supplemental Security Income appeals for low-income families of children with disabilities.
- Boston University School of Law (JD)
- Yale University (MPH)
- Hamilton College (BA)
January 2, 2020 | Blog | By Ellyn Sternfield, Daryl Berke
CMS Ignores the Courts: 2020 Hospital Outpatient Prospective Payment System Final Rule Includes 340B Rate Cuts Already Ruled Unlawful
November 14, 2019 | Blog | By Ellyn Sternfield, Daryl Berke
Key Takeaways from CMS’s Final Rule Requiring the Disclosure of Affiliates during Provider Enrollment
September 12, 2019 | Blog | By Daryl Berke, Sarah Beth Kuyers, Karen Lovitch
July 19, 2019 | Blog | By Daryl Berke
Azar v. Allina: Supreme Court Decides Important Case on When CMS Must Use Formal Rulemaking when Instructing Medicare Contractors
June 4, 2019 | Blog | By Thomas Crane, Laurence Freedman, Daryl Berke
May 28, 2019 | Blog | By Bridgette Keller, Daryl Berke, Lauren Moldawer
April 3, 2019 | Blog | By Daryl Berke
Last year, CMS published a road map outlining the agency’s approach to addressing the nation’s opioid epidemic. CMS’s strategy has three prongs: (1) prevent new cases of opioid use disorder (OUD); (2) expand treatment for individuals with OUDs; and (3) leverage data to improve the agency’s prevention and treatment options.
In line with that strategy, the agency published an article detailing its Medicare Part D Opioid Overutilization Policies for 2019. The policies focus on improving communication between and among Part D plans (PDPs) and providers to better coordinate efforts to prevent opioid misuse. As CMS points out, “Providers are in the best position to identify and manage potential opioid overutilization in the Medicare Part D population. Medicare prescription drug plans can assist providers by alerting them about unusual utilization patterns in prescription claims.”