Upcoming Event
Cozen O'Connor's Health Care & Life Sciences industry team invites you to this year's Health Law 2022 program.
Register here
Health care and life sciences is inarguably one of the largest, most heavily regulated, and fastest-growing industries in the U.S. economy. It is also utterly unique. Health care and life sciences companies do not function simply to maximize returns, and the standard economic forces of supply and demand do not apply. Ultimately, every player in this market—whether a hospital, biotechnology company, nursing home, or medical equipment manufacturer—is responsible for helping people lead longer and healthier lives.
To be effective, advocates for the health care and life sciences industry must integrate an awareness of and commitment to this underlying responsibility into every element of their work. The members of Cozen O’Connor’s health care and life sciences industry team understand this social mission as well as its legal, political, macroeconomic and business consequences for our clients. Attorneys at the firm have been providing excellent counsel to health care and life science companies for decades.
Our client base includes a diverse array of companies. In the health care sector, we serve leading pharmaceutical companies, hospitals, health care systems, medical equipment manufacturers and suppliers, assisted living facilities, academic institutions, insurers and physician groups. In the life sciences sector, we serve drug developers, biotechnology companies, medical device manufacturers and cutting-edge startups.
For health care and life sciences clients, it is essential that their attorneys have deep industry knowledge. Good commercial litigators or corporate lawyers can serve a chain of shoe stores just as capably as a chain of pizza parlors, but that does not mean they can serve a chain of hospitals. The health and life sciences field is so heavily regulated that all legal work in this arena must be grounded in a specific and sophisticated understanding of health laws. At Cozen O’Connor, we have litigators, transactional lawyers and corporate counselors who are both leaders in their legal disciplines and masters of this complex and ever-changing statutory regime.
SERVICE AREAS
Litigation
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Handle third-party payer litigation and reimbursement proceedings
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Represent clients in fraud, abuse, Stark Law and False Claims Act cases
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Conduct internal investigations and respond to enforcement acts by federal and state agencies
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Represent health care and life sciences companies in intellectual property, employment, antitrust and other commercial litigation
Transactional
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Arrange mergers, acquisitions, consolidations, divestitures, workouts and restructurings
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Negotiate joint ventures, alliances and co-management arrangements
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Resolve antitrust, tax and bankruptcy issues for health care and life sciences organizations
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Arrange financings through public offerings, bonds, loans and other investment vehicles
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Conduct major real estate deals for industry clients
Regulatory
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Advise on privacy, confidentiality, HIPAA compliance and safety laws
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Handle Medicare, Medicaid and other third-party reimbursement matters
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Develop and assess regulatory compliance programs for health care and life science clients
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Counsel clients on employee benefits, credentialing and executive compensation strategies
RELATED PRACTICES
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Health Law
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Labor & Employment
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Employee Benefits & Executive Compensation
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Antitrust
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Real Estate
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Public & Project Finance
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Intellectual Property
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Product Liability
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Cozen O’Connor Public Strategies, LLC
April 06, 2022
CMS continued to roll out guidance regarding the No Surprises Act. The latest guidance is the second set of FAQs regarding the Good Faith Estimate Requirement for uninsured and self-pay patients was issued on April 5, 2022. The FAQs address six questions regarding the requirement and can be found...
March 30, 2022
On February 23, 2022, the U.S. District Court for the Eastern District of Texas gutted portions of the interim final rule affecting the independent dispute resolution (“IDR”) process of the No Surprises Act (the “Act”). Tex. Med. Ass’n v. U.S. Dep’t of Health & Human Servs., No....
March 09, 2022
A few weeks ago, the U.S. Court of Appeals for the Fourth Circuit answered a critical inquiry in the False Claims Act (“FCA”) context: does a defendant violate the FCA when its reading of the regulation is objectively reasonable and there is no government guidance discouraging or rejecting that...
October 05, 2021
On Thursday, September 30, 2021, The United States departments of Health and Human Services (“HHS”), Labor and Treasury released an interim final rule (“Rule”) that completes most of the regulatory framework under the federal No Surprises Act (“Act”). The Act largely bars balance billing of...
August 12, 2021
Two chambers of commerce, the Chamber of Commerce the United States of America and the Tyler (TX) Area Chamber of Commerce, filed a lawsuit on August 10, 2021, in the US District Court for the Eastern District of Texas against the United States departments of Health and Human Services, Labor and...
July 02, 2021
The United States Departments of Health and Human Services, Treasury and Labor released interim final rules (“Rules”) regarding the “No Surprises Act” (“Act”) yesterday. The Rules are effective beginning on January 1, 2022. They cover the requirements for the billing and payment of emergency and...
December 29, 2020
On December 28, 2020, the District Court for the Northern
District of California granted a motion for a preliminary injunction enjoining
the Centers for Medicare and Medicaid Services from implementing the Most
Favored Nation Rule (the “Rule”, summarized in our December
23 post) until the notice...
December 23, 2020
On December 23, 2020, The District Court for the District of
Maryland granted a temporary restraining order temporarily ceasing the
implementation of the Centers for Medicare and Medicaid Services’ (“CMS”) Most
Favored Nations Rule (the “Rule”) for fourteen (14) days. The Rule,
published on...
November 23, 2020
On Friday, November 20, 2020, the Centers for Medicare and
Medicaid Services (“CMS”) released final regulations to remove certain barriers
to the implementation of physician compensation arrangements under value-based
payment arrangements posed by the “Stark” Physician Self-Referral law. The...
November 06, 2020
On October 29, 2020, Governor Wolf signed House Bill 81 into law, creating new minimum education and certification requirements for central service technicians and surgical technicians working in the Commonwealth, and regulating the practice of surgical technology. The Act will take effect on...
October 28, 2020
Alex Campau, Mark Alderman, and Brett Banker discuss the similarities and differences between Trump and Biden's health care policies.
June 24, 2020
As we indicated in last week’s blog post , the D.C. Circuit Court’s refusal to uphold HHS’ pharmaceutical price disclosure rule (“RX Rule”) was not a predictor of how the trial court might rule in the closely watched challenge to HHS’ hospital price transparency rule (“Hospital Rule”). In a June...
June 19, 2020
On June 16, the D.C. Circuit Court struck down the Centers for Medicare and Medicaid Services’ (“CMS”) rule issued in May 2019 requiring pharmaceutical companies to disclose the wholesale acquisition cost of drugs over $35 in their direct-to-consumer television advertisements (“RX Rule”). Similar...
May 15, 2020
Danielle Sapega discusses the Pennsylvania attorney general's investigation into nursing homes, the Department of Health's guidance for nursing homes, and the governor's executive order granting immunity to health care workers.
May 08, 2020
Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.
April 29, 2020
J. Nicole Martin and Gregory M. Fliszar discuss CMS's blanket waivers for nursing facilities and skilled-nursing facilities effective through the end of the COVID-19-related emergency.
April 29, 2020
Gregory M. Fliszar discusses what measures Pennsylvania hospitals must take before resuming elective surgeries and procedures.
April 28, 2020
On Friday, April 24th, President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“Act”) into law that will send an additional $75 billion to the Public Health Emergency and Social Services Fund (“Fund”) used to reimburse eligible health care providers for health care...
April 20, 2020
Danielle E. Sapega and Gregory M. Fliszar discuss CMS's new guidance for nursing homes when it comes to reporting confirmed or suspected cases of COVID-19.
April 20, 2020
J. Nicole Martin and Gregory M. Fliszar discuss CMS's guidance for health care systems in areas with low COVID-19 infections to reopen nonessential care.
April 09, 2020
Gregory M. Fliszar discusses CMS's announcement that $30 billion will be distributed from the health care provider relief fund in the CARES Act.
April 03, 2020
The CARES Act (“Act”) appropriates $100 billion to create a
Public Health Social Service Emergency Fund (“Fund”) to prevent, prepare for,
and respond to coronavirus domestically and internationally for necessary
expenses to reimburse, through grants or other mechanisms, eligible health...
March 27, 2020
Robert K. Magovern and Matthew Howell discuss the DOJ's and FTC's joint statement pertaining to the enforcement of competition laws during the COVID-19 pandemic.
March 13, 2020
Gregory M. Fliszar and Danielle Sapega discuss the HIPAA Privacy and Novel Coronavirus bulletin and what providers and covered entities need to know during a public health emergency.
December 19, 2019
In a 2-1 decision published on December 18, 2019, a 5th Circuit panel upheld the Texas District Court’s decision ruling that the ACA individual mandate tax which, since January 2019, has had no monetary consequence, is unconstitutional. Citing the Supreme Court’s 2012 NFIB v. Sebelius opinion, the...
June 05, 2019
Peter Ennis discusses HHS's new conscientious objector rule and what health care providers need to do in order to prepare for compliance.
June 20, 2018
Bobbi Britton Tucker discusses the court's decision in Marie Gillispie v. Regionalcare Hospital Partners, Inc., and how the court rules that the EMTALA’s whistleblower provision protects employees who inform personnel in a covered facility of an alleged EMTALA violation, even though the employee does not also inform any governmental or regulatory agency.
November 08, 2021
James will advise the firm’s health care clients in connection with litigation matters arising from provider-payor disputes, False Claims Act matters, private equity transactions, and merger activity, in addition to other complex commercial litigation issues.
September 22, 2021
Buck brings an impressive resume with over two decades of experience in the life sciences intellectual property sector.
May 18, 2021
Kurmanova joins the firm from Seyfarth Shaw LLP, reuniting with John Shire, who joined the firm in November 2020.
May 17, 2021
Jeff will join as a shareholder in the Minneapolis office.
March 01, 2021
Jonathan Grossman was featured in an article published by Healthcare Dive discussing four health care antitrust issues to watch.
November 02, 2020
Shire brings a deep understanding of federal and state health care regulations and has been instrumental in several of the most well-known transactions in the health care space.
June 05, 2020
Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.
June 13, 2019
Alex Campau discussed with The Wall Street Journal about how employees will now be able to use HRAs to buy individual coverage, with certain restrictions, starting January 2020.
March 28, 2019
John Sullivan was quoted in Law360's recent article on the U.S. Food and Drug Administration's recent safety alert last week about the vulnerability to hacking of up to 750,000 implantable heart defibrillators.
December 20, 2018
Alex Campau, Principal & Director of Health Policy, shares her predictions about the key health policy trends she anticipates taking center stage in 2019 with Morning Consult.
August 22, 2018
Alex Campau, a member of Cozen O'Connor's Public Strategies group, spoke with Law360 about her experience at the White House.
August 06, 2018
Campau is a major add to the Firm’s Government Relations Practice in Washington, D.C.
March 27, 2018
Former LeClairRyan attorney Jeffrey N. Townes brings substantial experience in international life sciences IP to the firm's Washington, D.C., office.
December 11, 2017
Jonathan Grossman, a member of the firm's Antitrust Practice, was quoted in Modern Healthcare's article, "Hospital megamergers may lower overhead, but at what cost?"