Emily J. Cook
Subscribe to Emily J. Cook's Posts
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.
Supreme Court Agrees to Review Medicare Payment Cuts to 340B Drugs
By Drew Elizabeth McCormick and Emily J. Cook 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...
Continue Reading
CMS Proposes Heightened Penalties and Additional Requirements Under the Hospital Price Transparency Rule
By Emily J. Cook and Steven J. Schnelle 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...
Continue Reading
Drug Prices Are Prime Target in Biden’s Competition Order
By Emily J. Cook 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.
Continue Reading
Drug Discount Fights in Limbo Until Biden Restores Review Board
By Emily J. Cook 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....
Continue Reading
Court Issues Permanent Injunction Blocking Medicare 340B Payment Cuts
By Drew Elizabeth McCormick, Emily J. Cook, Eric Zimmerman and Steven J. Schnelle 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...
Continue Reading