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    Preserving the Viability of a Medical Device Distribution Company

    Members of the Government Relations, Health Care, and Litigation practice groups recently collaborated to help preserve the viability of a medical device distribution company faced with an erroneous bureaucratic decision that threatened to revoke the company’s participation in the Medicare and Medicaid programs and which put at jeopardy more than 150 jobs.  In addition to the traditional procedures for seeking reconsideration of the decision by an outside contractor to the Centers for Medicare and Medicaid Services (CMS), Arent Fox developed a legislative strategy to establish a parallel track to seek reinstatement.  Working with colleagues in the Health and Litigation groups, who prepared the filing that clarified why the contractor had no grounds for the revocation, the Government Relations group immediately implemented a strategy that relied upon the client’s Congressional delegation to press CMS to ensure expedited review of the reconsideration request.  Arent Fox also reached out to the Governor of the client’s state to help raise the salience of the matter with the Congressional delegation.  Within 11 days, CMS reported to the client that the contractor had agreed with the Arent Fox filing and there was no disruption to the company’s sales or to the shipments to its customers, many of whom are part of an at-risk population that requires a stable supply of products from our client.