Erin Estey Hertzog is a partner in Foley Hoag's Healthcare practice. She has over a decade of healthcare regulatory experience, with a primary focus on value-based arrangements; coverage, coding, and reimbursement for innovative new technologies; and government price reporting programs.
Erin has considerable experience with system delivery reform and value-based payment models; life sciences reimbursement involving coding, coverage, payment, and drug pricing issues for innovative new technologies; legal and regulatory issues before the U.S. Department of Health & Human Services (HHS) Office of the General Counsel (OGC); and Medicaid payment, supplemental rebates, and work with state Medicaid programs.
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Erin joins Foley Hoag from the CMS Division of the HHS Office of the General Counsel, where she was the lead attorney for the Center for Medicare and Medicaid Innovation. While at HHS, Erin’s views on the Innovation Center’s authority were widely viewed as authoritative, informing healthcare transformation and the expenditure of billions of appropriated dollars. In advising the Innovation Center, Erin also developed a mastery of an impressive array of other legal areas, including Medicare and Medicaid coverage and reimbursement, the Administrative Procedure Act, and data privacy. In advising on dozens of the Innovation Center’s innovative payment and service-delivery models, Erin also achieved extensive expertise in drafting and reviewing contracts and regulations governing value-based arrangements.
Prior to joining HHS, Erin served as the Director of Health Law and Policy at the Biotechnology Industry Organization (BIO). While at BIO, Erin worked with member companies from across the biotechnology industry to craft the industry's response to legislative and regulatory proposals on Medicare and Medicaid coverage and payment, alternative payment models, and government price reporting programs. She also gained a nationwide reputation as a leading expert on the 340B Drug Pricing Program, speaking on the topic at numerous conferences nationwide and prompting the Medicare Payment Advisory Commission (MedPAC) to seek her review of its 2015 Report to Congress titled “Overview of the 340B Drug Pricing Program.”