Eric Greig

Eric advises clients on healthcare regulatory matters, market access strategies and reimbursement issues across the medical device, pharmaceutical, digital health, biotechnology, diagnostics and healthcare services sectors. Eric leverages his successful track record in bet-the-company regulatory matters, as well as his extensive experience with health payment systems and innovative solutions, to counsel clients across the healthcare and life sciences industry.

His experience includes:

• Development and execution of market access strategies for new and existing technologies
• Advocacy with Congress and federal and state agencies, including the Centers for Medicare & Medicaid Services (CMS)
• Medicare, Medicaid and commercial insurer coverage, coding and reimbursement matters
• Federal and state fraud and abuse laws, including analysis of innovative and value-based arrangements and development of compliance programs
• Compliance with billing policies and responses to payor audits
• Federal and state physician payment and pricing transparency laws
• Complex litigation matters, including government audits and investigations, qui tam lawsuits and other matters involving the Health and Human Services (HHS) Office of Inspector General (OIG), US Department of Justice (DOJ) and CMS Center for Program Integrity

Eric also advises private equity firms, investment banks, venture capital funds, commercial lenders, and healthcare and life sciences companies on regulatory issues related to mergers and acquisitions, capital markets transactions and US financings.

Eric is a member of the American Health Law Association and the American Bar Association Health Law Section.

A recognized thought leader, Eric regularly writes and speaks on healthcare and life sciences topics. He co-authored a chapter related to Medicare and Medicaid reimbursement for off-label uses of drugs and devices in “Off-Label Communications: A Guide to Sales & Marketing Compliance,” published by the Food and Drug Law Institute, and he presents on healthcare regulatory and reimbursement topics at national conferences organized by leading industry organizations – including AdvaMed, PhRMA, the American Health Law Association, the Medical Device Manufacturers Association, the 8400 Health Network and the California Life Sciences Institute.

Eric’s representative matters include advising:

Regulatory advocacy

• A publicly traded global life sciences company on: 
  • Expanding national Medicare coverage policies for continuous glucose monitoring (CGM) systems*
  • Advocacy to successfully reverse a proposed Medicare payment reduction to CGMs*
• A non-opioid drug manufacturer on coordinating a government affairs strategy that established new Medicare add-on payment pathways for non-opioid pain management treatments used in hospitals and ambulatory surgery centers*
• A publicly traded medical technology company on reversing negative Medicare coverage policies for procedures involving the company’s flagship glaucoma treatment technology*
• A regional healthcare provider system on establishing a “hospital at home” program to deliver inpatient-level care to patients in their homes during the COVID-19 public health emergency*
• A publicly traded precision diagnostics and algorithmic testing company in obtaining national Medicare coverage for its genomic profiling tests*
• A leading national dialysis organization on modifying a value-based care payment model from the Center for Medicare and Medicaid Innovation*
• A group of government agencies in the Middle East on:
  • Designing and implementing an innovative, value-based healthcare ecosystem*
  • Drafting laws and regulations governing the structure of a new health insurance and reimbursement system*
• Multiple Israel-based healthcare and life sciences companies on:
  • Healthcare regulatory counseling related to US-based clinical trial and commercialization matters*
  • Reimbursement and market access strategy for the launch of molecular diagnostic tests*
• A nonprofit clinical trade association on reversing Medicare coverage policies that would have created barriers to patient access to advanced wound care therapies*
• A leading healthcare system on life sciences product development and structuring activity within the provider’s venture investment division*
• The Coalition of Manufacturers of Speech Generating Devices on favorably expanding the scope of a Medicare national coverage determination*
• A group of pharmaceutical manufacturers on finalizing appropriate Medicare payment policies for novel drugs approved through the US Food and Drug Administration’s 505(b)(2) pathway*

New product recognition

• AppliedVR, a digital health company focused on virtual reality-based solutions to treat chronic pain, on obtaining Medicare recognition, unique coding and appropriate payment for its breakthrough VR device*
• MedRhythms, a pioneering neurotherapeutics company, on achieving new coding and payment recognition for its digital therapeutic solution to treat patients suffering from neurological impairments from chronic stroke*
• The developer of a breakthrough treatment for advanced metastatic cancer on obtaining new technology ambulatory payment classification designation and payment for an algorithm-based, treatment-planning procedure and advanced radiation therapy delivery procedure performed with the company’s technology*
• Magnus Medical on market access activities for the company’s novel brain stimulation technology for treatment-resistant major depressive disorder*
• Cala Health, a leader in bioelectronic medicine, on establishing unique coding, preferred payment and national Medicare coverage for its advanced neuromodulation system to treat Parkinson’s disease and essential tremor symptoms*
• The developer of an artificial intelligence-based diagnostic software solution on obtaining new technology add-on payment and commercializing the product*
• Vektor Medical on establishing a new current procedural terminology (CPT) code to report its machine-learning algorithm for noninvasive cardiac analysis*
• Noctrix Health, a medical device company developing wearable therapeutics for neurological disorders, in obtaining recognition for its breakthrough device for restless legs syndrome*
• A precommercial medical device manufacturer on obtaining coverage for its clinical trial procedures under Medicare Category B investigational device exemption trial national coverage determination*
• A medical device company on achieving new coding and desired payment levels after an initial denial of insurance recognition for its product due to its app-based mechanism of action*
• Multiple pharmaceutical manufacturers on obtaining new codes and establishing coverage for infused and injected products*

Transactions

• Patient Square Capital on its:
  • $1.25 billion acquisition of Hanger*
  • $300 million acquisition of SOC Telemed*
  • Acquisition of Summit BHC*
• KKR on its:
  • $2.8 billion acquisition of WebMD*
  • $1.4 billion acquisition of PharMerica*
  • Acquisition of Covenant Surgical Partners*
• Leonard Green & Partners on its:
  • $2.2 billion acquisition of ExamWorks Group*
  • Purchase of a majority stake in MDVIP*
• US Renal Care on its: 
  • Acquisition of DSI Renal*
  • Sale to a private investor group led by Bain Capital*
• Access TeleCare on acquiring Forefront Telecare*
• Galen Partners on acquiring Wings Recovery Holdings*
• BlueSprig Holdings, a KKR portfolio company, on acquiring Trumpet Behavioral Health*
• Goldman Sachs Alternatives on its acquisition of Center for Social Dynamics*
• CeriBell, a medical device company, on its upsized initial public offering (IPO)*
• GoHealth on its IPO*
• Bioventus on its IPO*

Litigation and investigations

• A cardiac monitoring device manufacturer on obtaining a declination from DOJ following an investigation into the company’s referral relationships and market access activities*
• A leading academic medical center on responding to an OIG audit and reducing alleged overpayment liability by more than 80%*
• A biotechnology and tissue product developer in obtaining a declination from DOJ in relation to an investigation into commercial agreements and coding and billing practices*
• A group of nationally recognized hospitals on False Claims Act litigation related to Medicare claims involving cardiac rhythm devices*
• A large health system on complying with the obligations of a corporate integrity agreement with the DOJ and HHS OIG*
• A national network of oncology treatment centers on obtaining a declination from DOJ on an investigation into coding and billing practices and practice management fee arrangements*
• A pharmaceutical manufacturer in an Administrative Procedure Act challenge to the Medicare classification of its innovative treatment for hyperphosphatemia*

* Representation handled before joining Cooley