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Susan W. Berson

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Education

  • Columbia University (JD, 1985)
  • University of Rochester (BA, 1982)

Bar Admissions

  • District of Columbia
  • New York

Susan is the Managing Member of the firm’s DC office, serves on the firm’s Policy Committee, and is Division Head of Mintz Levin’s Health Law, Communications, and Antitrust practices as well as ML Strategies, the firm’s government relations affiliate.

Clients look to Susan for her deep understanding of the health care industry and her extensive experience solving their most complex, cutting edge issues. However, a distinguishing feature of why clients turn to Susan is that she is able to provide industry insight and strategic guidance to help them determine the pros and cons of engaging in a transaction, as well as the best structure for that transaction, well before any issues or regulatory requirements are identified. Her broad client base includes:

  • Private and public health care service providers, including managed care organizations, such as Medicare Advantage Plan Sponsors, Medicare Part D Plan Sponsors (including Employer Group Waiver Plans), and Medicaid Managed Care plans;
  • Pharmaceutical services providers such as PBMs, pharmacies, specialty care companies, and integrated delivery systems; and
  • Private equity firms and other investors in the health care sector.

She routinely advises these clients in the context of strategic affiliations and complex service agreements. Susan has also led many complex due diligence projects of health care companies, in a vast array of areas including managed care organizations, specialty pharmacies, and pharmacy benefit managers, to name a few. She also regularly provides counsel on compliance and regulatory matters, including federal programmatic and certification requirements, risk adjustment programs and practices, benefit design requirements for state and federal programs, fraud and abuse and anti-kickback rules, state regulatory requirements relating to drug pricing and coverage, and government policies, procedures, and reporting requirements.

Susan has literally been in the client’s shoes and this drives her holistic view of the industry and her pragmatic business advice in solving legal issues and managing legal expenses. Her in-house experience has given her a unique perspective on the need to devise practical, pragmatic, business-focused solutions to issues in a cost effective and timely manner. From 2006 to 2008, Susan served as general counsel of the Public and Senior Markets Group at UnitedHealth Group, a Fortune 20 company. In this role, she was responsible for the legal and regulatory oversight of UnitedHealth’s government programs, including Medicare and Medicaid, and was also the chief legal counsel for all pharmacy services.  

Susan has been recognized by Chambers USA for several years. One Chambers-quoted client called her “brilliant,” noting that she “has a really deep knowledge across the whole spectrum of healthcare, not just one area.”

Representative Matters

  • Counseled a full-service pharmacy benefit manager (PBM) and its affiliated companies in a merger with another pharmacy benefit management company, and served as lead counsel on the drafting and negotiation of related transaction documents between the parties, including ancillary services agreements and transition agreements
  • Counseled a global health care company in connection with its acquisition of health plans and provider groups; work included health regulatory due diligence in more than several health plan acquisitions and health regulatory advice regarding transaction structure and strategy, regulatory notices, and other filings
  • Counseled a large pharmacy benefit manager (PBM) in its negotiation of a PBM services agreement with a global health insurance company

Recognitions & Awards

  • Chambers USA: District of Columbia – Healthcare (2013 - 2015)
  • Recognized by the The Legal 500 United States for Healthcare: Service Providers (2014)
  • International Law Office and Lexology: “Client Choice Award” – Healthcare & Life Sciences, District of Columbia (2015)
  • Harlan Fiske Stone Scholar at Columbia University
  • Phi Beta Kappa

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