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Susan W. Berson

Member Emerita

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Susan 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.

viewpoints

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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The inaugural Mintz Life Sciences Newsletter brings the latest developments in life sciences, legal insights, and industry activity straight to your inbox.
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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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In an unexpected turn of events, the Trump administration has apparently reversed course and has withdrawn the proposed rule that would have amended the discount safe harbor under the Anti-Kickback Statute to eliminate protections for certain drug rebates paid by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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Here in Washington, it seems everyone has an idea on a drug “fix”:  amendments to the provisions governing Medicare reimbursement, new rebate requirements, changes to price reporting measures, revisions to the 340B Drug Discount Program, etc. Proposals are interesting, but will Congress actually do anything?  If anything is actually going to pass, it has to get through the Senate.
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Following our first panel discussing Drug Pricing Challenges and Opportunities, the second panel, which Theresa is moderating involves a subject near and dear to the heart of many of our clients: The New Wave of Value-Based Pricing and Contracting.
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News & Press

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Mentoring at Mintz

November 13, 2018|

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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.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
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podcasts

2021 was a busy year for Mintz ’s Health Law team, as they helped clients navigate complex health care transactions.
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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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Events & Speaking

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Panelist
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