Devin Cohen
Partner
A partner in Ropes & Gray’s health care practice, Devin Cohen counsels leading health care organizations and private equity sponsors operating at the cutting edge of the industry on their most important transactional and regulatory matters. He has a deep understanding of both deal mechanics and evolving regulatory landscapes in the areas of strategic investment, vertical integration, insurance and research.
Most recently, Devin has been counseling clients on a range of issues related to the COVID-19 pandemic, including assay and vaccine research and development, public health guidance, telehealth services, and real-time developments in diligence and combination structures.
Over the course of his career, Devin has advised a wide range of health care organizations and investors on developing and participating in value-based care arrangements and initiatives. In addition, Devin has worked with clients on matters related to pharmaceutical and medical device research and development and clinical trials, including fraud and abuse considerations, human subject protections requirements, animal welfare standards, sponsored and investigator-initiated research negotiations, and compliance monitoring.
Clients value Devin’s responsiveness, as well as his ability to cut through complexity to provide clear, actionable guidance. They also appreciate the strong people skills he brings to the table, which are particularly helpful in negotiations.
Devin’s passion for health care extends to his community service and pro bono efforts in the Boston area. He currently works with EDI Institute, a nonprofit that provides art therapy to local hospitals, among others.
Experience
Devin regularly works with a wide range of health care organizations—including academic medical centers, clinical networks, hospitals, insurers, pharmaceutical and medical device manufacturers, and provider organizations—as well as industry investors, across areas such as:
Health care transactions and investments
- Provide transactional and regulatory counsel to providers and investors. Two recent examples:
- Assisting Harvard Pilgrim Health Care in its combination with Health Plans Holdings, Inc. (f/k/a Tufts Health Plan).
- Advising H.I.G Capital on its investment in eHealth insurance brokerage.
Value-based care arrangements
- Counsel a wide range of providers, payors, practice management organizations, vendors and industry investors in the areas of Medicare Advantage, CMMI program participation, state risk-bearing implications and insurance requirements.
- Advise on combinations and joint ventures, including Welsh Carson’s innovative venture with Humana’s Partners in Primary Care to give Medicare patients greater access to value-based primary care.
Regulatory and compliance
- Routinely counsel Medicare Advantage Organizations, FDRs and program vendors on Medicare Advantage regulatory and contracting standards.
- Advise medical device and pharmaceutical manufacturers on regulatory standards related to customer and patient interactions, marketing and clinician education standards, industry and jointly sponsored CME, patient assistance programs, and related compliance program requirements.
Clinical research and related activities
- Regularly provide guidance on drug and drug component development/commercialization considerations for sites, investigators and sponsors.
- Routinely advise institutional and start-up manufacturers, as well as CROs and trial sites, on cutting-edge clinical trial contracting negotiations.
- Provide counsel on research affiliation agreements, including advising a large academic medical center on developing and implementing its research affiliation agreement with a local pediatric health network.
- Conduct regulatory diligence for private equity clients regarding their planned investments in companies that participate in the clinical research enterprise.
Publications
- Co-author, “3 Emerging Legal Risks for Hospital-At-Home Programs,” Law360 (March 1, 2023)
- Co-author, “Extrapolation Has Arrived: CMS Finalizes Medicare Advantage Risk Adjustment Rule,” Ropes & Gray Alert (February 16, 2023)
- Co-author, “The Centers for Medicare & Medicaid Services Proposes Changes to the Medicare Advantage and Medicare Part D Programs,” Ropes & Gray Alert (January 18, 2023)
- Co-author, “Bringing Value-Based Care to Cancer Treatment Past, Present, and Future,” American Health Law Association (December 19, 2022) Copyright 2022, American Health Law Association, Washington, DC. Reprint permission granted.
- Co-author, “Bringing Value-Based Care to Cancer Treatment Past, Present, and Future,” AHLA's Regulation, Accreditation, and Payment Practice Group (December 19, 2022)
- Co-author, “Massachusetts’ Section 1115 Waiver Approval: Full Court Press on Health-Related Social Needs and Value-Based Care,” Ropes & Gray Alert (October 11, 2022)
- Co-author, “Enhancing Cancer Care: New CMMI Model Invites Physician Practices, Payers to Reconsider Traditional Reimbursement for Oncology Services,” Ropes & Gray Alert (August 23, 2022)
- Co-author, “Medicare Advantage Regulatory Scrutiny Keeps Pace with Growth: OIG Report Examines Prior Authorization and Payment Denial Errors,” Ropes & Gray Alert (June 6, 2022)
- Co-author, “Takeaways From DC Circ. Medicare Overpayment Ruling,” Law360 (October 12, 2021)
- Co-author, “What’s New For CMS Bundled Payments Program,” Law360 (June 3, 2019)
- Co-author, “BPCI Advanced: Key considerations for prospective model participants,” Milliman Inc. White Paper (April 9, 2019)
- Co-author, “Global HIV/AIDS Prevention and Treatment: Public Health Ethics Considerations,” The Oxford Handbook of Public Health Ethics (February 2019)
- Co-author, “New CMS Rules Reinforce Trend Away From Traditional Care,” Law360 (November 29, 2018)
- Co-author, "How Conduct Abroad Impacts Health Care Business In US," Law360 (October 12, 2017)
- Contributor, “Drafting Privacy Policies,” legal guide by Bureau of National Affairs (January, 2015)
- Author, “Health Law Case Brief: Paula Tartarini vs. Department of Mental Retardation,” Health Law Case Brief, Boston Bar Association Health Law Reporter (Fall/Winter, 2012)
Presentations
- Speaker, American Bar Association’s 2022 National Managed Care Institute, “Are You an Insurer?: Considerations for Physician Practices,” Washington D.C. (December, 2022)
- Speaker, “Analyzing Trends and Critical Legal Risk Considerations for Investors,” Legal, Regulatory and Compliance Summit on Medicare Advantage (October 13, 2022)
- Moderator, “Risk/VBP Models for Specialized/Vulnerable Populations,” Value-Based Care 2.0: What Lies Ahead? Ropes & Gray’s health care group virtual conference (June 22—23, 2022)
- Presenter, “Telehealth and Growth of Decentralized Clinical Trials: Compliance and Diligence Considerations” at the Digital Healthcare Innovation Summit in Boston (June 8, 2022)
- Presenter, “Evolving Compliance Considerations for Organizations Conducting Clinical Research,” International Performance Management Institute/Health Law & Compliance Institute (February 28, 2022)
- Speaker, “BPCI Advanced: Key Considerations for Current and Prospective Model Participants,” Ropes & Gray Webinar (June 13, 2019)
Education
- JD, cum laude, Harvard Law School, 2012; Program of Study Fellow & Student Fellow, Petrie-Flom Health Law Center
- BA (History, Religious Studies), magna cum laude, Brown University, 2009
Admissions / Qualifications
Qualifications
- Massachusetts, 2012
Awards
- Heading Home “Changemakers” Award
- Massachusetts Supreme Judicial Court Pro Bono Honor Roll (2021)