Roger A. Cohen is a partner in Goodwin’s nationally recognized Life Sciences practice. He counsels healthcare services, life sciences, and healthcare IT clients concerning compliance with the myriad laws and regulations governing the delivery of healthcare services such as the Anti-Kickback Statute, the Physician Self-Referral Law (the Stark Law), the False Claims Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Medicare and Medicaid rules and regulations, and laws governing reimbursement, licensure and certification.
Mr. Cohen’s experience also includes extensive work on healthcare transactions. He has represented clients in acquisitions and financings involving a wide variety of healthcare providers including hospitals, ambulatory surgery centers, physician groups, skilled nursing facilities, rehabilitation and physical therapy facilities, behavioral health and substance abuse treatment providers, dental clinics, home healthcare providers, clinical laboratories, pharmacies, and care management companies, among others. Mr. Cohen also has deep experience assisting clients in transactions involving and providing counsel to health IT companies such as telemedicine providers and electronic health record, mobile health (mHealth), and digital health companies.
In addition to his transactional work, Mr. Cohen has a long track record of successfully representing healthcare and life science clients in government investigations and litigation. He has represented clients in many high-stakes healthcare fraud investigations, frequently convincing the government not to pursue enforcement action against his clients and obtaining dismissals in a number of actions that have proceeded to litigation. Mr. Cohen also frequently assists clients with internal investigations related to fraud and abuse and advises clients concerning self-disclosures.
Mr. Cohen also represents clients in managed care reimbursement disputes and litigation. Among other matters, in a case that received significant attention in the legal press, he established new precedent in New York, convincing an appellate court to recognize an implied private right of action for health care providers under New York’s Prompt Payment Law.
Mr. Cohen has been recognized for his expertise by a number of industry publications. Chambers USA 2021 ranked Mr. Cohen as a leading Healthcare lawyer and noted that clients praised his regulatory expertise, ability to provide practical commercial advice, and good judgment. In 2017, The Legal 500 noted that Mr. Cohen is “a fantastic all-round, multi-faceted healthcare lawyer” and listed him as one of only two “Next Generation Lawyers” for health care service providers in the United States. Law360 selected Mr. Cohen as one of five rising stars in the nation in healthcare law in 2014. New York Super Lawyers has recognized Mr. Cohen as a rising star in healthcare law annually since 2013.
Mr. Cohen is a Visiting Instructor at the Weill Cornell Graduate School of Medical Sciences where he teaches a class on healthcare law. Mr. Cohen is also a frequent speaker at healthcare industry events and regularly publishes articles about healthcare law. In addition, he is the editor of a chapter covering healthcare privacy in a prominent privacy law treatise and served on the editorial board of the American Health Lawyers Association’s Corporate Practice of Medicine: A Fifty State Survey.
Prior to joining Goodwin in 2017, Mr. Cohen was a senior counsel at Proskauer Rose.