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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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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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Senate Bill Targets Part D DIR Fees

October 11, 2016 | Blog | By Tara E. Dwyer

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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We are thrilled that our inaugural Pharmacy Industry Summit is now less than a week away.  The Summit is next Tuesday May 10th, 2016, here in our DC offices.  Since we started planning for the Summit many months ago, this hottest of topics that we chose to cover, drug pricing, has become even hotter.
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CMS Releases 2017 Advance Notice and Draft Call Letter

February 29, 2016 | Blog | By Bridgette Keller, Lauren Moldawer

Last week, the Centers for Medicare & Medicaid Services (CMS) released its 2017 Advance Rate Notice and draft Call Letter (“2017 Draft Call Letter”) for the Medicare Advantage (“MA”) and Part D programs. With the final 2017 Call Letter to be released April 4, 2015, CMS is providing interested stakeholders until this Friday, March 4th to provide comments.
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The Managed Care Industry – 2015 Year in Review

January 6, 2016 | Blog | By Bridgette Keller

As we start a new year, let’s take a look back at a few hot topics that emerged in the managed care industry in 2015 and will likely be drivers of developments in 2016.
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The Pharmacy Industry - 2015 Year In Review

December 8, 2015 | Blog | By Theresa Carnegie, Lauren Moldawer

With 2015 coming to a close, we wanted to provide a recap of the major updates impacting the pharmacy industry and what pharmaceutical manufacturers, pharmacy benefit managers (“PBMs”), and pharmacies might expect in 2016. 
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Over a Decade in the Making: CMS Releases Long-Awaited Medicaid Managed Care Rule

June 5, 2015 | Advisory | By Pamela Kramer, Bridgette Keller, Lauren Moldawer

On May 27, 2015, the Centers for Medicare and Medicaid Services (“CMS”) published a 653-page proposed rule affecting the thirty-nine states (plus the District of Columbia) that use managed care organizations (“MCOs”) to administer their Medicaid benefits.
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For the last of our series on the 2016 Draft Call Letter, we focus on the provisions impacting plans serving Medicare-Medicaid, or dual eligible, enrollees. As we have previously posted, the Centers for Medicare & Medicaid Services (CMS) has struggled with how to provide high quality, seamless care to dual eligible individuals.
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News & Press

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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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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