Brian P. Carey

Partner, Co-Chair, Administrative Law Department - Washington, D.C., Boston

Brian Carey
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Contact Information

Washington, D.C.
202.261.7398

Boston
617.832.1712

617.832.7000

bcarey@foleyhoag.com Download vCard

Brian Carey’s legal practice focuses on advising a wide range of clients on federal legislative and regulatory issues impacting the life sciences and health care sectors. He primarily advises biotechnology, medical device companies, health care providers, medical trade associations and private equity investors.

His work with biopharma and medical technology companies includes advice on Medicare coverage and payment, and food and drug approval issues for innovative technologies. He regularly represents clients in matters before the Congress, Department of Health and Human Services, and federal agencies.

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Education:

  • Boston College Law School, J.D., magna cum laude, 1997
  • Wharton School of Business, B.S.E., 1992
  • University of Pennsylvania, B.A., 1992

Representative Experience

  • Enabled a pharmaceutical to obtain the first ever Medicare New Technology Add on Payment (NTAP) for an oral anti-biotic therapy.
  • Helped CMS design and create one of the first data registries in its Coverage with Evidence Development (CED) program, by advising a coalition of leading academic medical centers and medical device manufacturers.
  • Advised leading molecular diagnostic company on current Medicare coverage, payment, and coding challenges on the Clinical Laboratory Fee Schedule (CLFS).
  • Developed novel legal arguments and assembled compelling scientific evidence that successfully reversed an adverse policy decision affecting the coding and payment for biotechnology product.
  • Developed legal arguments for a new medical technology that led to the creation of a new DRG for an inpatient hospital payment.
  • Represented a biotechnology client before CMS leading to the creation of a new payment methodology for therapeutic radiopharmaceuticals based on the Average Sales Price (ASP) methodology.
  • Worked with the Center for Medicare and Medicaid Innovation (CMMI) on an innovative payment and service delivery model to improve quality of care for federal health care beneficiaries.

Honors

  • Chambers USA: America's Leading Lawyers for Business (2020)

Involvement

  • Board of Directors and Treasurer, Health Law Advocates
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Bar Admissions

  • Massachusetts
  • New York
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals First Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the District of Massachusetts