Susan Berson retired from Mintz and her roles as Division Head of the firm’s Health Law Practice and Managing Partner of the firm’s Washington, DC office in 2023.
Experience
- Mintz served as health care regulatory counsel to TPG with respect to its investment in LifeStance Health, Inc., a leading provider of outpatient behavioral health services in the United States. TPG joined two existing private equity investors in the company, Summit Partners and Silversmith Capital Partners. Mintz conducted the health care regulatory due diligence. Our work included the review of the Company’s expanded telemedicine offerings in light of COVID-19, and advice on applicable health care regulatory requirements and issues. We also reviewed the purchase agreement and related documents and advised on issues related to the representations and warranties insurance policy obtained by TPG.
- Served as health care regulatory counsel to Kindred Healthcare, a specialty hospital company focused on acute care, and private equity firm TPG Capital in the sale of Kindred Healthcare to national health services provider LifePoint Health, launching the combined company ScionHealth.
- Conducted the due diligence and provided state and federal regulatory research and analysis in connection with TPG’s acquisition of Convey Health Solutions, a specialized health care technology company that provides health plan administration, supplemental benefits administration, and consulting services to health plans.
- Served as regulatory counsel to a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their $4.1 billion acquisition of Kindred Healthcare, Inc. (NYSE:KND). The transaction was recognized by The Deal as the 2018 Private Equity Deal of the Year.
- Advised a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their $1.4 billion acquisition of Curo Health Services.
- Represented Sanford Health, a non-profit integrated health delivery system, in its affiliation with The Evangelical Lutheran Good Samaritan Society (the “Society”), a non-profit long-term care provider. Our representation primarily focused on assisting Sanford in navigating the change of ownership filings for the Society’s licenses and Medicare and Medicaid filings. Sanford recently affiliated with and became the Corporate Member of The Evangelical Lutheran Good Samaritan Society (the “Society”), a non-profit long-term care provider with more than two hundred senior care locations in twenty-six states. Our representation primarily focused on assisting Sanford and the Society in navigating the change of ownership filings for the Society’s licenses and Medicare and Medicaid filings. As part of this work, we analyzed state regulatory requirements regarding changes of ownership and prepared and submitted the required change of ownership filings. Additionally, we provided counsel on the Society’s compliance program and post-closing enhancement recommendations.
- Represented CIGNA it its purchase of Express Scripts, Inc. through health care regulatory diligence, contract drafting and integration.
- Advised a global health care company on a variety of issues in connection with its acquisition of several health plans and provider groups, including health care regulatory due diligence, health care regulatory advice regarding transaction structure and strategy, and preparation of regulatory notices and other filings.
viewpoints
Health Law Diagnosed — Transactions Part 1: Regulatory Trends in Recent Health Care Transactions
March 3, 2022 | Podcast | By Xavier Hardy, Bridgette Keller, Lauren Moldawer, Cassandra Paolillo, Kate Stewart
2021 was a busy year for Mintz ’s Health Law team, as they helped clients navigate complex health care transactions.
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Life Sciences Newsletter — September 2021
September 1, 2021 | Article | By Adam Lenain, William Whelan, Jonathan L. Kravetz , Terri Shieh-Newton
This edition covers return-to-work challenges, insight on patenting AI innovations, FDA guidance on medical devices, transactional and IP activity in the life sciences, and recent Mintz work for life sciences clients.
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Health Law Diagnosed — Women in Health Law: Leadership, Mentorship, and Beyond
June 17, 2021 | Podcast
In this episode of the Health Law Diagnosed podcast, Mintz’s Susan Berson discusses her career trajectory, the benefits of building a diverse and inclusive workplace, why women may be drawn to health law, and the importance of mentorship and sponsorship.
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Life Sciences Newsletter — October 2020
October 19, 2020 | Article | By Adam Lenain, William Whelan, Jonathan L. Kravetz , Terri Shieh-Newton
The October Mintz Life Sciences Newsletter brings the latest developments in life sciences, legal insights, and industry activity.
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Life Sciences Newsletter — Inaugural Edition
August 20, 2020 | Article | By Adam Lenain, William Whelan, Jonathan L. Kravetz , Terri Shieh-Newton
The inaugural Mintz Life Sciences Newsletter brings the latest developments in life sciences, legal insights, and industry activity straight to your inbox.
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Private Equity Investment in Health Care Technology
January 22, 2020 | Video
Susan Berson explains why health care technology and artificial intelligence are of particular interest to private equity investors and why these investors are uniquely positioned to invest in technology and bring it to market.
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Key Considerations for Private Equity Investment in Health Care
January 22, 2020 |
Susan Berson discusses key considerations for private equity firms that are considering investing in the health care sector as well as Congress’ heightened interest in these transactions.
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Trump Administration Withdraws Proposed Rebate Rule
July 11, 2019 | Blog | By Theresa Carnegie
In an unexpected turn of events, the Trump administration has apparently reversed course and has withdrawn the proposed rule that would have amended the discount safe harbor under the Anti-Kickback Statute to eliminate protections for certain drug rebates paid by pharmaceutical manufacturers. “Based on careful analysis and thorough consideration, the president has decided to withdraw the rebate rule. The Trump administration is encouraged by continuing bipartisan conversations about legislation to reduce outrageous drug costs imposed on the American people, and President Trump will consider using any and all tools to ensure that prescription drug costs will continue to decline," White House Deputy Press Secretary Judd Deere said in a statement.
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President Trump Delivers Much Anticipated Drug Pricing Speech
May 14, 2018 | Blog | By Theresa Carnegie, Tara E. Dwyer
On Friday, after weeks of delay, the President finally delivered his Drug Pricing Speech and released the HHS Blueprint detailing the Trump Administration's plan to lower drug prices and reduce out-of-pocket costs.
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C-THRU’s Proposed Changes to Negotiated Prices – A Demonstration of the Part D Program’s Complexities and Misunderstandings
March 29, 2017 | Blog | By Tara E. Dwyer
As described in last week’s post, Senator Wyden has introduced the C-THRU Act that seeks to require public disclosure of PBM rebate amounts, establish a minimum rebate percentage that PBMs must pass on to Part D and Exchange Plan clients, and intends to change the definition and/or application of “negotiated prices” under the Part D program.
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News & Press
Mintz Advises Kindred Healthcare in Sale to LifePoint Health, Launching ScionHealth
December 23, 2021
Mintz served as health regulatory legal advisor to Kindred Healthcare in the recently completed sale of Kindred Healthcare to LifePoint Health, a national network of hospitals, post-acute service providers, and outpatient centers. As a result of the successful transaction, ScionHealth, a new healthcare system focused on high-quality acute and post-acute hospital solutions, was launched on December 23rd.
Ask A Mentor: How Can I Successfully Switch Practices?
November 9, 2021
In a recent installment of Law360 Pulse’s “Ask a Mentor” column, Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson, who regularly mentors firm attorneys, and Associate Hassan Shaikh, who transitioned from a private equity mergers and acquisitions practice to a health care regulatory role, offered retooling tips to associates.
Mintz Advises Kindred at Home in $5.7 Billion Sale to Humana
August 23, 2021
In an article published by Communications Daily, Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson was quoted on the return to in-person work for attorneys and professional staff in the firm’s Washington, D.C. office, which she said was subject to regional and Centers for Disease Control and Prevention guidance. She added that the firm has demonstrated that clients can be served well remotely and likely will use a hybrid model long term.
Law360's 2021 Health Care Editorial Advisory Board
April 7, 2021
Managing Member of Mintz’s Washington, D.C. Office and Chair of the firm’s Health Law, Communications, Antitrust & ML Strategies Division Susan Berson was selected to participate in Law360’s 2021 Health Care Editorial Advisory Board, which is a designated group of attorneys that provide feedback on the publication’s health care news coverage and insights on how best to shape future coverage.
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
TPG Invests in Behavioral Health Firm LifeStance
April 20, 2020
The Deal reported that Mintz, led by Member and Health Law Division Head Susan Berson and Member and Chair of the Health Law Practice Karen Lovitch, served as legal counsel to TPG Capital in its new partnership with existing investors, Summit Partners and Silversmith Capital Partners, to back outpatient behavioral health services provider LifeStance Health.
Mintz Recognized by Chambers USA 2019
April 26, 2019
Mentoring at Mintz
November 13, 2018
This Q&A is conducted with Susan Berson. Susan is the Managing Member of Mintz's Washington, D.C. office and Division Head for the Health, Communications, Antitrust Sections, along with ML Strategies. The focus of the profile is on mentoring. Susan discusses her experiences as both a mentor and a mentee and how she and the firm are advising the next generation of leaders.
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Mintz is advising a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their acquisition of Curo Health Services, one of the nation’s leading hospice providers. The definitive agreement was announced on April 23, 2018. The deal is valued at approximately $1.4 billion.
Mintz is advising a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their acquisition of Kindred Healthcare, Inc. The definitive agreement totals approximately $4.1 billion in cash including the assumption or repayment of net debt.
ML Strategies Adds Veteran Health Policy Advisor Constance Garner to Washington, D.C. Office
August 21, 2017
ML Strategies has added veteran policy advisor Constance Garner as Vice President for Disability Policy & Education Policy. Ms. Garner draws on decades of legislative, health care, government agency, and consulting work.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. attorneys as “Leaders in Their Fields.”
Events & Speaking
Speaker
Panelist
Apr
21
2021
Women in Law & Leadership Virtual Summit - Washington, D.C.
The Women in Law Summit Series
Virtual Event
Moderator
Speaker
Sep
23
2020
Sponsors, Influencers & Career Engineering for Legal Counsel
Women, Diversity & Change Summit - Washington, D.C.
Online
Speaker
May
2
2019
4th Annual Mintz /ML Strategies Pharmacy & Pharmaceutical Industry Summit
Mintz and ML Strategies
Boston, MA
Moderator
May
8
2018
3rd Annual Mintz /ML Strategies Pharmacy & Pharmaceutical Industry Summit
Mintz and ML Strategies
Boston, MA
Panelist
Moderator
Speaker
Speaker
Nov
12
2015
4th Annual Pharmacy Benefit Oversight & Compliance Conference
CBI
16770 North Perimeter Drive Scottsdale, AZ
Speaker
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