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BradGallagher

Partner

"In practice, I view the resolution of an issue as not having a singular impact, but acting as a means to achieve broader results."

Overview

Biography

Brad concentrates his national practice on providing legal services to clients in the pharmaceutical industry, including community pharmacies, retail pharmacies, specialty pharmacies, compounding pharmacies, 340B contract pharmacies, and home infusion pharmacies. Brad also represents wholesalers, manufacturers, start-ups, and technology companies with legal and compliance issues.

Brad counsels pharmacies nationwide on complex legal issues, including pharmacy benefit manager (PBM) audits, terminations, network enrollment and credentialing, and reimbursement issues as well as investigations by government entities. Brad also assists pharmacies with best practices and compliance, including copay collection, prior authorizations, and aberrant dispensing. 

He represents entities in pharmacy and pharmacy-related transactions, including those involving private individuals, corporations, chains, or private equity. Brad also assists entities with corporate formation, due diligence, licensing, and credentialing. 

Brad represents clients, including physicians, laboratories, and durable medical equipment (DME) providers with other legal matters, including transactions, credentialing, network access, reimbursement, investigations, business litigation, and identify theft.

Bar Associations

  • New York State Bar Association, Reimbursement, Enforcement, and Compliance Committee Member
Experience

Representative Experience

  • Assisted pharmacies with PBM and the NYS Office of the Medicaid Inspector General (OMIG) various types of audits and investigations.
  • Successfully recovered tens of millions of dollars on behalf of pharmacy clients and other health care providers in improper recoupments and chargebacks.
  • Negotiated settlements of fee dispute and claims reimbursement issues, including generic effective rate (GER), on behalf of pharmacies and other providers.
  • Obtained injunctions and orders against PBMs prohibiting networks’ terminations and illegal withholds.
  • Developed best practices and compliance policies for clients and providing guidance on internal self-audits and corrective action plans (CAP).
  • Assisted providers with licensing, network enrollment, and credentialing.
  • Lead a health care transactional team in purchasing and sales of pharmacies, DME providers, and other health care entities nationwide. The team has successfully completed sales ranging from small into the high eight figures to individuals, corporations, chains, and private equity.  
  • Assist entrepreneurs, innovators, and start-ups with navigating the health care compliance and regulatory risks in the pharmaceutical marketplace.
  • Defended an assisted living residence (ALR) against allegations that it operated as an unlicensed residential health care facility and nursing home in violation of state and federal laws. Obtained a favorable settlement among the multiple plaintiffs, insurance companies, and co-defendants.
  • Obtained dismissals of complaints alleging dental malpractice against the facilities and the dentists providing care.

Prior Experience

  • Landman Corsi Ballaine & Ford P.C., Of Counsel
  • US District Court for the Northern District of New York to Magistrate Judge George Lowe, Intern

Judicial Clerkships

  • Superior Court of New Jersey, Judge Stuart Peim

Selected Community Activities

  • City of Saratoga Springs, Zoning Board of Appeals, Vice Chair
Knowledge

Selected Speaking Engagements

  • Community Clinic Association of Los Angeles County, “340B Program: Update on Drug Manufacturer Notices and Action Plan”

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Recent DOJ and OCR Settlement Highlights Provider Responsibilities to Deaf and Hearing Impaired Patients

Alerts

Court Rules in Favor of Office of Renewable Energy Siting Regulations in Article 78 Challenge

Alerts

HHS OCR Issues Guidance on HIPAA and COVID-19 Vaccine Information

Alerts

New York State Cannabis Control Board Holds First Meeting

Alerts

NYS DOH and DASNY Announce Availability of Funds for Residential Health Care and Other Providers

Alerts

To Dismiss or Not to Dismiss? Second Department Takes Another Look at Abandonment

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