Health Law - Legal services - Hogan Lovells

Health

In the health sector, regulation never stands still. We help you anticipate change, adapt with confidence, and seize opportunity.

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We know how overwhelming it can be trying to effectively navigate today's regulatory environment and capitalize on opportunities. Our role is to help you thrive through change – removing unnecessary complexity, anticipating what’s next, and unlocking opportunities for growth. Because we have an in-depth understanding of how commercial dynamics and legislative direction intersect, we provide legal solutions that are aligned with business strategy.

We are uniquely positioned to serve providers and suppliers of health care services and products and all other players in the health care sector. We work with them as regulatory lawyers, and also as their strategic advisers, lobbyists, litigators, and dealmakers. From start-ups to multinational enterprises to trade associations, our clients come from every part of the health care sector of the worldwide economy.

One thing that makes us so effective is that our team includes an exceptionally high number of lawyers who are former senior government officials. This means we have insider insight into institutional thinking and decision-making processes at regulatory agencies so that we can better persuade them to take a certain view or course of action. We activate our influence across industries and institutions to give you the edge.

We also collaborate across our firm to provide seamless cross-border regulatory counseling and representation in the United States, the European Union, Asia, Latin America, Australia, and other major markets. By breaking through regulatory silos and working across borders, we deliver practical, business-focused solutions wherever you operate.

The broad array of organizations we represent in the health care sector, and our ability to meet all of their regulatory and other legal needs make us your one-stop resource for anticipating and responding to health care legal issues. We take you beyond compliance – shaping regulation to create opportunity and long-term advantage.

Representative experience

Assisting a major Health IT company in conducting a complete regulatory assessment of all portfolio and pipeline products to determine which products may be subject to regulation and assisting with bringing products into compliance where needed.
Successfully obtaining clearance for standalone software products in the imaging, anesthesia, and remote patient monitoring space.
Assisting pharmaceutical manufacturers in evaluating discount strategies, including value-and outcomes-based contracting strategies, to determine their impact on price points required to be reported to the federal government, namely Average Manufacturer Price (AMP), Best Price (BP), Average Sales Price (ASP), and Nonfederal Average Manufacturer Price (NFAMP), which can impact reimbursement rates, Medicaid rebate liability, and the 340B ceiling price, and to ensure compliance with fraud and abuse laws. 
Assisting multiple manufacturers in designing and proposing demonstration projects to CMMI and Administration testing various value-based arrangements involving various types of drugs and biologics and, in the course of doing so, identifying innovative solutions to government price reporting and other concerns attendant to such arrangements. 

Counsel various pharmaceutical and biological trade associations and individual manufacturers on a myriad of cutting-edge issues, including those concerning the Medicaid Drug Rebate Program, the 340B Drug Pricing Program, fraud and abuse, and health information privacy. 

Provided comprehensive incident response counsel to numerous health services companies and health plans with breaches involving tens of millions of records, including advising on forensic investigation, breach notification, and communications and interactions with consumers and customers. We also handled the investigations by federal and state health and insurance regulators, state attorneys general, and law enforcement. 
Serving as primary outside privacy counsel for Fortune 500 pharmaceutical companies regarding a range of data privacy and security matters, including providing advice regarding international data protection, data use agreements, and privacy policies and procedures, as well as performing comprehensive website reviews. 
Advising leading digital health companies on data privacy matters with regard to clinical trials in the EU involving both pan-European strategic advice and detailed country-specific guidance. 
 

Resources

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Our thinking
Talking the Cure Podcast

Our team is always thinking about how to foresee and conquer the most significant industry issues facing our clients. In 2020, we launched the podcast "Talking the Cure" where we cover cutting-edge topics such as AI, digital health, diversity in clinical trials, supply chains, the Inflation Reduction Act, and more.

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Guide
Horizons 2025 Life Sciences and Health Care Edition

Our Horizons edition brings together insights from across our global Life Sciences and Health Care team, exploring the issues and developments shaping the future of the industry.

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