Hertzog

Erin Estey Hertzog

Partner
Washington, DC

I provide strategic advice to healthcare and life sciences companies on legal and policy issues related to system delivery reform and payment for innovative technologies. 

Erin Estey Hertzog 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.

She 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; and legal and regulatory issues before the U.S. Department of Health & Human Services (HHS) Office of the General Counsel.

Erin joined 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 (CMMI). While at HHS, Erin’s views on CMMI’s authority were widely viewed as authoritative, informing healthcare transformation and the expenditure of billions of appropriated dollars. In advising on dozens of CMMI’s innovative payment and service-delivery models, Erin also achieved extensive expertise in drafting value-based arrangements, Medicare and Medicaid coverage and reimbursement, the Administrative Procedure Act, and data privacy. 

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.”

Education

  • George Washington University Law School, J.D., with highest honors, Order of the Coif, 2009
  • George Washington University, M.P.H., 2009
  • Colby College, B.A., magna cum laude, Phi Beta Kappa, 2003

Bar and Court Admissions

BAR ADMISSIONS
  • District of Columbia

Languages

  • Spanish

Experience

  • Advise clients drafting value-based arrangements for biopharmaceuticals and other innovative products.
  • Develop innovative legal and policy solutions to complex coverage and reimbursement issues in order to promote patient access to innovative new products.
  • Advise clients in drafting new technology add-on payment applications.

PROFESSIONAL EXPERIENCE
  • U.S. Department of Health & Human Services, Washington, D.C. - Attorney, Office of the General Counsel, CMS Division
  • Biotechnology Innovation Organization (BIO), Washington, D.C. - Director, Health Law & Policy

Honors & Involvement

INVOLVEMENT
  • Member, American Health Law Association

Speaking Engagements

  • "Understanding how the Inflation Reduction Act Impacts the Ecosystem," MassBio Forum (November 2022)
  • "Advancing Accountability and Equity Through Payment and Care Delivery," AHLA Institute for Medicare and Medicaid Payment Issues (March 2022) & AHLA Academic Medical Centers and Teaching Hospitals Law Institute (February 2022)
  • "Innovation in a Nutshell: Three Key CMS Payment Initiatives, Where They Came From, and What You Should Know," AHLA Institute on Medicare and Medicaid Payment Issues (March 2019)
  • "The 340B Program: Year in Review and What to Expect in 2016," AHLA Institute on Medicare and Medicaid Payment Issues (April 2016)
  • "Supply Chain Perspectives on Reimbursement and Other Regulatory Issues," 2016 HDMA Distribution Management Conference & Expo (March 2016)
  • "State Policy Changes & Updates Track," IIR’s Medicaid Drug Rebate Summit (September 2015)
  • "Medicaid Expansion and Waiver Programs," IIR’s Gross-To-Net Forum (March 2015)