Health Care & Life Sciences

Upcoming Event

Health Law 2022

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

  • Handle third-party payer litigation and reimbursement proceedings
  • Represent clients in fraud, abuse, Stark Law and False Claims Act cases
  • Conduct internal investigations and respond to enforcement acts by federal and state agencies
  • Represent health care and life sciences companies in intellectual property, employment, antitrust and other commercial litigation

Transactional

  • Arrange mergers, acquisitions, consolidations, divestitures, workouts and restructurings
  • Negotiate joint ventures, alliances and co-management arrangements
  • Resolve antitrust, tax and bankruptcy issues for health care and life sciences organizations
  • Arrange financings through public offerings, bonds, loans and other investment vehicles
  • Conduct major real estate deals for industry clients

Regulatory

  • Advise on privacy, confidentiality, HIPAA compliance and safety laws
  • Handle Medicare, Medicaid and other third-party reimbursement matters
  • Develop and assess regulatory compliance programs for health care and life science clients
  • Counsel clients on employee benefits, credentialing and executive compensation strategies

 

RELATED PRACTICES

  • Health Law
  • Labor & Employment
  • Employee Benefits & Executive Compensation
  • Antitrust
  • Real Estate
  • Public & Project Finance
  • Intellectual Property
  • Product Liability
  • Cozen O’Connor Public Strategies, LLC

Experience

Publications

Five Things Providers Need To Know About The New Interim Final Rule Under The “No Surprises” Act [Health Law Informer Blog]

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...

US and Tyler Texas Chambers of Commerce Sue Feds to Block Portions of the Health Plan Transparency Rule [Health Law Informer Blog]

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...

HHS, Treasury and Labor Release First Set of Surprise Billing Rules [Health Law Informer Blog]

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...

Northern District of California Grants Preliminary Injunction Against Most Favored Nation Rule [Health Law Informer Blog]

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...

District Court grants TRO on Most Favored Nation Rule [Health Law Informer Blog]

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...

CMS Releases Final Stark Rules To Promote Value-Based Care [Health Law Informer Blog]

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...

Pennsylvania Act 80: Central Service Technician and Surgical Technologist Regulation Act [Health Law Informer Blog]

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...

Trump vs. Biden: HEALTH CARE POLICY

October 28, 2020

Alex Campau, Mark Alderman, and Brett Banker discuss the similarities and differences between Trump and Biden's health care policies.

A Week After Pharma Price Disclosure Is Rule Struck Down, D.C. Judge Upholds Hospital Price Transparency Rule [Health Law Informer Blog]

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...

Pharma Price Disclosure Rule Struck Down: Will Hospital Price Transparency Rule Meet the Same Fate? [Health Law Informer Blog]

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...

Pennsylvania Attorney General Announces Nursing Home Criminal Investigations [Alert]

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.

COVID-Driven Commercial Litigation – What Businesses Can Expect

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.

CMS Issues Blanket Waivers for Long-Term Care Facilities, SNFs and NFs

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.

Pennsylvania Hospitals Can Now Resume Elective Surgeries and Procedures [Alert]

April 29, 2020

Gregory M. Fliszar discusses what measures Pennsylvania hospitals must take before resuming elective surgeries and procedures.

Additional Health Care Provider Relief Funds In April Stimulus Bill [Health Law Informer Blog]

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...

CMS Announces Enhanced Nursing Home Reporting Requirements

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.

CMS Issues Recommendations to Reopen Health Care Systems in Areas with Low Incidence of COVID-19 [Alert]

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.

First $30 Billion to be Immediately Distributed to Hospitals, Other Health Care Providers

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.

HHS to Release Highly Anticipated Public Health and Social Services Emergency Fund Guidance Soon [Health Law Informer Blog]

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...

Antitrust Agencies Offer COVID-19 Guidance and Warnings to Competitor Collaborations [Alert]

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.

HIPAA and COVID-19: Balancing Public Health Concerns and Patient Privacy in the Midst of a Pandemic [Alert]

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.

5th Circuit Holds Individual Mandate is Unconstitutional, but Remands to District Court to Decide Severability [Health Law Informer Blog]

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...

Pennsylvania Act 112 of 2019: Opioid Treatment Agreements [Health Law Informer Blog]

December 03, 2019

As another mark of progress in the fight against opioid addiction, Governor Wolf signed Senate Bill 572 (the “Act”) into law on November 27, 2019, requiring prescribing providers (referred to as “Prescribers”) to take several additional steps before issuing a prescription for an opioid in...

Google Partners with Ascension To Store and Analyze Millions of Patient Health Records [Health Law Informer Blog]

November 19, 2019

Google has confirmed that it is working with Ascension, one of the nation’s largest health systems in a project that will involve the health data of millions of Americans.  Google and Ascension have partnered in a project to store and analyze patient data with the intended goal of using Google’s...

HHS Publishes Conscientious Objector Rule for Health Care Entities: Litigation Follows [Alert]

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.

Third Circuit Provides Guidance on Handling of EMTALA Whistleblower Claims [Labor & Employment Alert]

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.

Events & Seminars

Past Events

Health Law 2022

December 08, 2021 - Webinar

New Vaccine Mandates from Biden Administration

September 23, 2021 - Webinar

Health Law 2021

December 07, 2020 - Webinar

Health Law 2020

December 04, 2019 - Philadelphia, PA

Health Law 2019

December 05, 2018 - Philadelphia, PA

Hot Topics in Health Care Technology

March 30, 2017 - Webinar

In The News

Cozen O’Connor Continues Expansion of Health Care Practice Hiring Litigator James Billings-Kang

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.

Cozen O’Connor Adds Distinguished Patent Counselor and Life Sciences Strategist Todd B. Buck, Ph.D. to the Washington, D.C. Intellectual Property and Business Law Practices

September 22, 2021

Buck brings an impressive resume with over two decades of experience in the life sciences intellectual property sector.

Cozen O’Connor Continues Expansion of Health Care Practice with Aselle Kurmanova

May 18, 2021

Kurmanova joins the firm from Seyfarth Shaw LLP, reuniting with John Shire, who joined the firm in November 2020.

Cozen O’Connor Continues National Corporate Practice Expansion by Hiring Jeff Saunders

May 17, 2021

Jeff will join as a shareholder in the Minneapolis office.

4 healthcare antitrust issues to watch

March 01, 2021

Jonathan Grossman was featured in an article published by Healthcare Dive discussing four health care antitrust issues to watch.

Cozen O’Connor Makes Strategic Move Adding John D. Shire to Washington, D.C. Health Care Practice

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.

Fifty-Eight Cozen O'Connor Attorneys Named Pennsylvania Super Lawyers and Rising Stars

June 05, 2020

Super Lawyers has selected 58 Cozen O'Connor attorneys to the 2020 Pennsylvania Super Lawyers and Rising Stars lists.

Trump Administration Expands Pre-Tax Accounts for Health Insurance

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.

FDA Alert on Hacking Vulnerability in Heart Defibrillators is Wake-Up Call: Lawyers

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.

Top 5 Health Policy Predictions for 2019

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.

Cozen O'Connor Lands Ex-White House Health Care Pro

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.

White House Special Assistant to the President for Health Policy Alexandra Campau Returns to Cozen O’Connor Public Strategies

August 06, 2018

Campau is a major add to the Firm’s Government Relations Practice in Washington, D.C.

International Life Sciences Attorney Joins IP Department

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.

Hospital megamergers may lower overhead, but at what cost?

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?"

Contacts

R. Christopher Raphaely

Co-Chair, Health Care

craphaely@cozen.com

(215) 665-2099

People

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