Specialty Pharmacy & Pharmaceuticals

With 20 attorneys, we have one of the largest Specialty Pharmacy & Pharmaceuticals Practices in the country. Led by industry veterans who have experience as both in-house general counsel and outside counsel for national pharmacy, pharma service and pharmacy benefit management companies, our multi-disciplinary team serves as operational and transactional counsel to a majority of the nation’s largest specialty pharmacies.

We are regularly engaged in significant transactions in the specialty pharmacy industry. We also provide practical business advice and legal guidance to help with trade and distribution matters facing clients within the pharmaceutical industry. Day-to-day, we assist clients in navigating and complying with the contractual, regulatory and operational requirements unique to the pharmaceutical industry, and we lead clients in audits and compliance reviews.

We counsel a variety of clients including:

  • Large and small specialty and home infusion pharmacies
  • Large and small specialty drug manufacturers
  • Private equity firms
  • Specialty Drug Distributors
  • Group purchasing organizations (GPOs)
  • Reimbursement hubs, prior authorization programs, financial assistance programs, and other pharma services companies
  • 340B covered entities

Areas of Focus

  • Compliance & Investigations
    • Addressing enforcement and compliance issues as well as responding to legal and regulatory violations.
    • Advising on healthcare liability and risk management issues.
    • Advising on issues associated with implementing new reimbursement, prior authorization support, financial assistance and other pharma services and programs for limited distribution specialty drugs.
  • Contracting, Regulatory & Operational
    • Guiding parties in moving new products from manufacturing to market, such as handling the business needs of the manufacturer, as well as negotiating agreements with various entities through the supply chain.
    • Negotiating, designing and contracting distribution networks.
    • Advising on multiple patient assistance, co-pay waiver and coupon programs.
    • Counseling manufacturers and pharmacies in moving drugs from the manufacturer to the pharmacy, physician or hospital, including structuring compliant GPO arrangements and negotiating contracts for administrative service fees and rebates.
    • Assisting in designing, negotiating and contracting protocol management programs including integration of pharmaceutical products into protocol programs.
    • Managing complex, licensure issues including multi-pharmacy change of ownership (CHOW) projects in all 50 states.
    • Supporting the contracting of preferred exclusive specialty pharmacy provider networks with payors, including national and regional health plans and pharmacy benefit managers.
  • Disputes
    • Providing dispute resolution strategies and support for contracting and reimbursement issues.
    • Enforcing non-competes and other business protection strategies.
  • Mergers, Acquisitions & Dispositions
    • Supporting the evaluation, bid process and diligence involved in specialty pharmacy mergers and acquisitions by:
      • Identifying and analyzing risks associated with specialty pharmacy companies involved in transactions.
      • Analyzing regulatory implications of mergers and acquisitions and addressing issues related to dispositions.
    • Leading negotiations for mergers, tender offers, and stock and asset purchases and divestitures (both tax-free and taxable).
    • Structuring spinoffs and recapitalizations, management buyouts and other going-private transactions.
  • We represented BioScrip, Inc. in its merger with Option Care Enterprises, Inc. The newly combined company, Option Care Health, Inc., emerges as the largest independent home and alternate site infusion services provider in the United States. Option Care Health’s common stock will be listed on the Nasdaq Global Select Market under the ticker symbol BIOS.

     

    We represented BioScrip, Inc. in its merger with Option Care Enterprises, Inc. The newly combined company, Option Care Health, Inc.,...
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    Client Type: Public Company
  • Served as lead healthcare regulatory counsel to Amazon (Nasdaq: AMZN) in its acquisition of PillPack

    We served as lead healthcare regulatory counsel to Amazon (Nasdaq: AMZN) in its acquisition of PillPack, a full-service pharmacy that...
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    Client Type: Public Company
  • Represented a leading provider of 340B Drug Pricing Program services in its acquisition by a prescription benefit management subsidiary of a leading pharmacy healthcare provider

    We served as lead healthcare regulatory counsel, as well as provided antitrust, employee benefits and tax support, for a leading...
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    Client Type: Private Company
  • Assisted a biopharmaceutical manufacturer with a limited distribution network oncology drug launch

    We assisted a biopharmaceutical manufacturer with a limited distribution network oncology drug launch. The distribution strategy included third-party logistics providers,...
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  • We provided primary transactional and healthcare regulatory support to Caret, a patient management software, in its acquisition by AssistRx. Bass,...
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    Client Type: Private Company
  • We represented a large independent specialty pharmacy in its acquisition of an oncology focused specialty pharmacy.
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  • Represented Modern HC Holdings, Inc. in its sale to The Kroger Company

    Bass, Berry & Sims represented Modern HC Holdings, Inc., a specialty pharmacy focused on patients with chronic illnesses, in its...
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    Client Type: Private Company
  • Represented Avita Drugs Inc. in its sale to Long’s Drugs Inc.

    We represented Avita Drugs Inc. in its sale to Long's Drugs Inc., a portfolio company of Tailwind Capital. Avita is...
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    Client Type: Private Company
  • Provided regulatory counsel to Cardinal Health Specialty Solutions in its acquisition of RainTree Oncology Services

    We provided regulatory counsel to Cardinal Health Specialty Solutions in its acquisition of RainTree Oncology Services, a large independent group...
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    Client Type: Public Company
  • Represented a specialty pharmacy in the acquisition of a specialty pharmacy

    We represented a specialty pharmacy in the acquisition of a complementary, regional specialty pharmacy.
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    Client Type: Private Company
Philip F. Berg
Senior Healthcare Attorney
Brian D. Bewley
Member
Meredith Edwards Collins
Associate
Jeanne Marie Evans
Associate
Mallory Farrar
Associate
Mary Beth Fortugno
Member
Louise P. Gaerig
Senior Healthcare Attorney
Anna M. Grizzle
Member
Michael R. Hess
Member
J. James Jenkins, Jr.
Member
Kris Kemp
Member
Amy Sanders Morgan
Associate
Elaine C. Naughton
Associate
Jason Northcutt
Member
Frank M. Pellegrino
Member
Cynthia Y. Reisz
Member
Brian L. Sims
Associate
Danielle M. Sloane
Member
Jamie Gordon Steakley
Associate
Julia Tamulis
Associate
Ryan D. Thomas
Member
Ashley N. Thurman
Associate
Quyen Vo
Associate
Elizabeth S. Warren
Member
Shannon Wiley
Member

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