Emily J. Cook

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In today’s complex and fast-changing healthcare regulatory environment, Emily Jane Cook helps healthcare organizations thrive. Innovative start-ups and established market leaders alike turn to Emily for broad-spectrum strategies to fuel new business initiatives and solve their most pressing compliance, transactional, reimbursement and litigation challenges. Emily is a practice area leader for the Healthcare Regulatory & Compliance practice. In addition to Emily’s role as a national authority on the 340B drug pricing program, Emily helps clients navigate the full suite of federal and state regulations that are essential to healthcare operations. She partners with a wide range of organizations, including non-traditional service providers and new market entrants to identify, protect and expand revenue opportunities, including via private-equity-backed ventures. Her comprehensive counsel encompasses evolving issues such as No Surprises Act (NSA) implementation, development of new provider types, Medicare provider-based and co-location rules, and trends in qui tam litigation and government investigations. She works closely with colleagues in McDermott’s transactional, litigation and private equity practices to deliver fully realized solutions for her clients. Read Emily Cook's full bio.

Hospitals Shouldn’t Expect Quick Pay Despite 340B Win


By on Aug 2, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

340B hospitals should not expect to receive withheld program funds anytime soon despite a recent US Supreme Court ruling. According to this Becker’s Hospital Review article, the Court reversed a 2020 federal appeals court ruling that found that the US Department of Health and Human Services (HHS) had the authority to make a $1.6 billion...

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HHS Supreme Court Loss Previews Low-Income Drug Discount Fight


By on Jul 12, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

A recent US Department of Health and Human Services (HHS) US Supreme Court loss involving drug reimbursements to hospitals may impact a larger battle over drug discounts for low-income Americans. According to this Blomberg Law article, the Court ruled in June that HHS improperly cut $1 billion a year in drug reimbursements to hospitals through...

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See What’s Next with McDermott+Consulting’s 340B Ligitation Tracking Tool


By and on Jun 17, 2022
Posted In Employee Benefits, Health and Welfare Plans

The 340B program landscape is constantly shifting. Wednesday’s US Supreme Court American Hospital Association v. Becerra decision is of critical importance to hospitals that participate in the 340B program. The Court held that the US Department of Health and Human Services (HHS) improperly imposed a payment cut of almost 30% on 340B drugs paid by...

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CMS Will Finalize Heightened Penalties, Additional Requirements Under Hospital Price Transparency Rule


By and on Nov 30, 2021
Posted In Employee Benefits, Health and Welfare Plans

On November 2, 2021, the Centers for Medicare and Medicaid Services (CMS) announced that it will implement increased penalties for hospitals that do not comply with the Hospital Price Transparency Rule, effective January 1, 2022. CMS will also finalize several additional requirements for hospitals, including a requirement that hospitals ensure standard charge information is accessible...

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Hospitals Push Back Against HHS Slashing of Reimbursement Rates


By on Nov 23, 2021
Posted In Employee Benefits, Health and Welfare Plans

Hospitals are pushing back after the US Department of Health and Human Services (HHS) cut Medicaid reimbursement rates to participating hospitals under the 340B drug discount program. According to this article published in The Well News, 340B program supporters have filed a petition with the Supreme Court, arguing that HHS failed to collect sufficient data...

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Supreme Court Agrees to Review Medicare Payment Cuts to 340B Drugs


By and on Oct 19, 2021
Posted In Employee Benefits, Health and Welfare Plans

The US Supreme Court announced in July that it will take up review of the decision by the US Court of Appeals for the District of Columbia Circuit upholding Medicare’s 2018 payment cuts to 340B drugs. The case will be closely watched, given its potentially far-reaching impacts on reimbursements to most hospitals that participate in...

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CMS Proposes Heightened Penalties and Additional Requirements Under the Hospital Price Transparency Rule


By and on Sep 28, 2021
Posted In Employee Benefits, Health and Welfare Plans

On July 19, 2021, US President Joe Biden’s administration released a proposed rule that would increase penalties for hospitals that do not comply with the Hospital Price Transparency Rule, effective January 1, 2022. According to McDermott’s Emily Jane Cook and Steven J. Schnelle, the proposed rule also provides certain potentially burdensome clarifications and requests comment...

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Drug Prices Are Prime Target in Biden’s Competition Order


By on Jul 14, 2021
Posted In Employee Benefits, Health and Welfare Plans

President Biden’s July 9, 2021, Executive Order—which seeks to increase competition throughout the American economy—takes aim at prescription drug prices. In this article, published in Law360, McDermott partner Emily Jane Cook says Biden’s focus on drug prices is unsurprising given the “significant public interest and frustration” with drug costs. Access the article.

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Drug Discount Fights in Limbo Until Biden Restores Review Board


By on May 26, 2021
Posted In Employee Benefits, Health and Welfare Plans

McDermott Will & Emery lawyer Emily J. Cook recently spoke to Bloomberg Law about a drug alternative dispute resolution (ADR) process that’s on hold after the Biden administration removed its Trump administration appointees. This particular process concerns Department of Health and Human Services panelists that will determine the direction of a 340B drug review board....

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Court Issues Permanent Injunction Blocking Medicare 340B Payment Cuts


By , , and on Jan 22, 2019
Posted In Employee Benefits, Health and Welfare Plans

The US District Court for the District of Columbia recently held that the Centers for Medicare and Medicaid Services (CMS) exceeded its authority by reducing Medicare payment rates for 340B drugs, but, because of the budget-neutral nature of the cuts, the court left implementation details of its order temporarily unresolved to avoid disrupting administration of...

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