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Susan W. Berson

Member Emerita

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Susan Berson retired from Mintz and her roles as Division Head of the firm’s Health Law Practice and Managing Partner of the firm’s Washington, DC office in 2023.

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2021 was a busy year for Mintz ’s Health Law team, as they helped clients navigate complex health care transactions.
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This edition covers return-to-work challenges, insight on patenting AI innovations, FDA guidance on medical devices, transactional and IP activity in the life sciences, and recent Mintz work for life sciences clients.
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In this episode of the Health Law Diagnosed podcast, Mintz’s Susan Berson discusses her career trajectory, the benefits of building a diverse and inclusive workplace, why women may be drawn to health law, and the importance of mentorship and sponsorship.
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Susan Berson explains why health care technology and artificial intelligence are of particular interest to private equity investors and why these investors are uniquely positioned to invest in technology and bring it to market.
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Susan Berson discusses key considerations for private equity firms that are considering investing in the health care sector as well as Congress’ heightened interest in these transactions.
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In an unexpected turn of events, the Trump administration has apparently reversed course and has withdrawn the proposed rule that would have amended the discount safe harbor under the Anti-Kickback Statute to eliminate protections for certain drug rebates paid by pharmaceutical manufacturers. “Based on careful analysis and thorough consideration, the president has decided to withdraw the rebate rule. The Trump administration is encouraged by continuing bipartisan conversations about legislation to reduce outrageous drug costs imposed on the American people, and President Trump will consider using any and all tools to ensure that prescription drug costs will continue to decline," White House Deputy Press Secretary Judd Deere said in a statement.
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On Friday, after weeks of delay, the President finally delivered his Drug Pricing Speech and released the HHS Blueprint detailing the Trump Administration's plan to lower drug prices and reduce out-of-pocket costs.
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As described in last week’s post, Senator Wyden has introduced the C-THRU Act that seeks to require public disclosure of PBM rebate amounts, establish a minimum rebate percentage that PBMs must pass on to Part D and Exchange Plan clients, and intends to change the definition and/or application of “negotiated prices” under the Part D program. 
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For several years now, the public outcry over the issue of drug pricing and reimbursement has increased in frequency and fervor. At least one government agency wants you to know that it has been listening and wants to help provide the information necessary to forge a solution.
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Just last month the “Improving Transparency and Accuracy in Medicare Part D Spending Act” was introduced in the Senate to amend the Social Security Act. The bill seeks to prohibit Part D plans (and their contracted pharmacy benefit managers (PBMs)) from retroactively reducing payments to pharmacies for clean claims.
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News & Press

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Mintz served as health regulatory legal advisor to Kindred Healthcare in the recently completed sale of Kindred Healthcare to LifePoint Health, a national network of hospitals, post-acute service providers, and outpatient centers. As a result of the successful transaction, ScionHealth, a new healthcare system focused on high-quality acute and post-acute hospital solutions, was launched on December 23rd.
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In a recent installment of Law360 Pulse’s “Ask a Mentor” column, Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson, who regularly mentors firm attorneys, and Associate Hassan Shaikh, who transitioned from a private equity mergers and acquisitions practice to a health care regulatory role, offered retooling tips to associates.
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In an article published by Communications Daily, Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson was quoted on the return to in-person work for attorneys and professional staff in the firm’s Washington, D.C. office, which she said was subject to regional and Centers for Disease Control and Prevention guidance. She added that the firm has demonstrated that clients can be served well remotely and likely will use a hybrid model long term.
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Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson was selected to participate in Law360’s 2021 Health Care Editorial Advisory Board, which is a designated group of attorneys that provide feedback on the publication’s health care news coverage and insights on how best to shape future coverage.
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In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
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The Deal reported that Mintz, led by Member and Health Law Division Head Susan Berson and Member and Chair of the Health Law Practice Karen Lovitch, served as legal counsel to TPG Capital in its new partnership with existing investors, Summit Partners and Silversmith Capital Partners, to back outpatient behavioral health services provider LifeStance Health.

Mentoring at Mintz

November 13, 2018

This Q&A is conducted with Susan Berson. Susan is the Managing Member of Mintz's Washington, D.C. office and Division Head for the Health, Communications, Antitrust Sections, along with ML Strategies. The focus of the profile is on mentoring. Susan discusses her experiences as both a mentor and a mentee and how she and the firm are advising the next generation of leaders. 
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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
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Mintz is advising a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their acquisition of Curo Health Services, one of the nation’s leading hospice providers. The definitive agreement was announced on April 23, 2018. The deal is valued at approximately $1.4 billion.
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Mintz is advising a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their acquisition of Kindred Healthcare, Inc. The definitive agreement totals approximately $4.1 billion in cash including the assumption or repayment of net debt.
ML Strategies has added veteran policy advisor Constance Garner as Vice President for Disability Policy & Education Policy. Ms. Garner draws on decades of legislative, health care, government agency, and consulting work.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”
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Events & Speaking

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Apr
21
2021

Women in Law & Leadership Virtual Summit - Washington, D.C.

The Women in Law Summit Series

Virtual Event

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Sep
23
2020

Sponsors, Influencers & Career Engineering for Legal Counsel

Women, Diversity & Change Summit - Washington, D.C.

Online

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Moderator
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Nov
12
2015

4th Annual Pharmacy Benefit Oversight & Compliance Conference

CBI

16770 North Perimeter Drive Scottsdale, AZ

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Jun
26
2015

CMS Audit Readiness for PBMs and Plans

CBI

Hilton Magnificent Mile, Chicago, IL

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Susan W. Berson

Member Emerita