Stuart S. Kurlander

  • Partner
  • Estuart.kurlander@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.2169
  •  
 

Profile

Stuart Kurlander, a healthcare and life sciences partner in Latham & Watkins’ Washington, D.C. office, is Global Co-Chair of the Israel Practice and former Global Co-Chair of the Healthcare & Life Sciences Practice. Mr. Kurlander has more than 25 years of experience providing healthcare regulatory, reimbursement, fraud and abuse, corporate, and litigation counsel to healthcare and life science companies including medical device and diagnostic manufacturers, pharmaceutical and biotech firms, healthcare providers, digital health businesses, and other sectors of the industry.

Mr. Kurlander represents healthcare interests at all levels of government involving in matters before the Centers for Medicare and Medicaid Services (CMS), Office of the Inspector General (OIG), and the Public Health Service (PHS). He serves as outside regulatory counsel to several private equity funds, investment banks, and venture capital funds where he routinely advises on transactions. Additionally, Mr. Kurlander:

  • Counsels companies on Medicare and Medicaid coverage, coding, and reimbursement matters
  • Advises companies on federal and state fraud and abuse matters including development of compliance programs
  • Represents healthcare and life science companies on regulatory issues related to mergers and acquisitions, IPOs, financings, and joint ventures in the US and also advises on transactions in the Middle East, Europe, and Asia
  • Provides healthcare and life sciences counsel in complex litigation matters, including qui tam (whistleblowers lawsuits), and regularly negotiates with the US Department of Justice (DOJ), the US Department of Health and Human Services Office (HHS) of Inspector General, and the Center for Medicare and Medicaid Services (CMS)

Mr. Kurlander previously served as an attorney in the General Counsel’s office of the US HHS, CMS where he drafted Medicare and Medicaid regulations, and litigated complex Medicare and Medicaid cases in federal court.

Mr. Kurlander has been recognized for several years as a leading healthcare and life sciences lawyer by Chambers USA and The Legal 500 US and as an MVP by Law360. He was named a regulatory Life Sciences Star by LMG Euromoney and as one of the Top 10 outstanding hospital and nursing home lawyers by Nightingale’s Healthcare News. He has also been recognized in the Legally Israel 100 by IsraelDesks which recognizes practitioners “who take a proactive, instrumental and hands-on role with respect to Israel.”

Additionally, he regularly authors legal and regulatory articles and columns in major healthcare publications, speaks nationally on emerging topics and trends, and is active in national and international healthcare, legal, civic, and community organizations.

Experience

Mr. Kurlander has represented a number of clients in the healthcare and life sciences industry, including:

  • Abbott
  • AdvaMed

  • Allergan
  • Breg
  • Eagle Pharmaceuticals   
  • Edwards Life Sciences
  • Integra LifeSciences
  • Mapp Biopharmaceutical
  • US Renal Care

In the past five years, Mr. Kurlander has advised on the following matters:

Regulatory/Reimbursement
  • Reimbursement counselling and strategy for Eagle Pharmaceuticals, Inc. a specialty pharmaceutical company which resulted in a new HCPCS J Code 
  • Medicare coverage advocacy for Coalition of Manufacturers of Speech Generating Devices (SGD) which expanded the scope of the NCD 
  • Reimbursement counselling for Zogenix, a pharmaceutical company Licensing, government contracts
  • Regulatory counselling for Mapp Biopharmaceutical, pharmaceutical company
  • Reimbursement counselling for Nxthera, an emerging medical device company
Capital Markets
  • Underwriters in Inovalon’s US$684 million IPO   
  • Underwriters in Surgery Partners, Inc.’s US$301 million IPO   
  • Underwriters in American Renal Associates Holdings, Inc.’s US$189 million IPO   
  • Teladoc in its US$180 million IPO   
  • Underwriters in Tornier N.V.’s US$166 million IPO   
  • Underwriters in Globus Medical Inc’s US$115 million IPO   
Mergers and Acquisitions
  • Acquisition by KKR of WebMD, a provider of health information services to consumers, physicians, employers, and health plans for US$2.8 billion
  • Acquisition by KKR of PharMerica, a provider of institutional pharmacy, specialty infusion, and hospital pharmacy management services, for US$1.4 billion
  • Acquisition by KKR of Covenant Surgical Partners, an owner and operator of ambulatory surgery centers
  • Acquisition by Leonard Green & Partners of a majority stake in MDVIP, a provider of personalized healthcare programs
  • Sale by Allergan of its Global Generic Pharmaceuticals Business to Teva Pharmaceutical for US$40.5 billion  
  • Sale of Questcor Pharmaceuticals, a biopharmaceutical company, to Mallinckrodt for US$5.6 billion   
  • Acquisition by Leonard Green & Partners of ExamWorks Group, a provider of independent medical examinations (IMEs), peer and bill reviews, and related healthcare services for US$2.2 billion
  • Acquisition by Cerner Corporation of the Health Information Technology Business Unit of Siemens, a provider of administrative hospital IT and electronic patient records, for US$1.3 billion   
  • Sale of Ellipse Technologies, a developer of minimally invasive treatments for spinal deformities, to NuVasive
  • Merger of equals between Sirona Dental Systems and DENTSPLY International to create a manufacturer of professional dental products and technologies   
  • Acquisition by US Renal Care of DSI Renal, a provider of dialysis for patients suffering with chronic kidney failure and renal disease
  • Sale of AqueSys, an ophthalmic company focused on implantable devices for the treatment of glaucoma, to Allergan
  • Majority investment by Cinven in Medpace, a leading contract research organization   
  • Acquisition and then sale by Nestlé Health Science of Pamlab, LLC, a developer and manufacturer of prescription medical foods   
  • Acquisition by One Call Medical, a portfolio company of Odyssey Investment Partners, of TechHealth, a provider of cost containment services for workers’ compensation insurance claims   
  • Acquisition by One Call Medical of MSC Care Management, a care management company serving post-discharge and post-injury workers’ compensation patients
  • Acquisition by Walgreen Co. of Crescent Healthcare, Inc. a California-based infusion pharmacy provider
  • Acquisition by Thoratec Corporation of the medical business of Levitronix LLC, a company engaged in the development and production of medical blood pumps and fluid handling devices   
  • Acquisition by Integra LifeSciences Holdings Corporation of SeaSpine, Inc., a spine fusion medical device company

Thought Leadership

  • Biden Administration Update: Potential Impact for Healthcare & Life Sciences -  January 21, 2021
  • CMS Expands Healthcare Delivery Options During COVID-19 Pandemic -  April 02, 2020
  • Expanded Medicare Payment Policy and CARES Act Provide Financial Relief for Healthcare Providers and Suppliers -  March 31, 2020
  • Drug Pricing and Payment Policy: Sweeping HHS Rebate Reform Proposal and First 2019 Congressional Hearings -  February 05, 2019
  • Drug Pricing and Payment Policy: Key 2018 Developments and Potential 2019 Changes and Challenges  -  January 07, 2019
  • How Can Healthcare Organizations Prepare for the Next Cyberattack? -  July 10, 2017
  • ACA “Repeal and Replace” Bill Merits Attention from Industry Stakeholders -  May 09, 2017
  • 21st Century Cures Act Brings Medicare Reimbursement and Policy Changes in 2017 -  January 03, 2017
  • President Obama Signs the 21st Century Cures Act Into Law -  December 13, 2016
  • CMS Finalizes Long-awaited Rule Implementing ACA’s Overpayment Reporting Requirements  -  February 23, 2016
  • CMS Proposes New Medicare Reporting and Payment System for Laboratories -  November 06, 2015
  • CMS Adopts a New Framework that Significantly Reduces DMEPOS Fee Schedule Payments -  February 16, 2015
  • FDA to Strengthen Oversight of Certain In Vitro Diagnostic Devices -  August 20, 2014
  • Applicable Manufacturers Face June 30th Deadline for Sunshine Act Reporting -  June 11, 2014
  • 10 Tips for Medical Technology Companies -  October 24, 2013
  • 10 Strategic Considerations for Tackling Medicare’s Revised National Coverage Determination Process -  October 17, 2013
  • Al Mirsal Blog - Infographic: How Healthcare is Regulated in the UAE  -  September 08, 2013
  • 2013 Update: Healthcare Regulation in the United Arab Emirates -  May 17, 2013
  • CMS Announces Final Regulations Interpreting the Physician Payment Sunshine Act -  February 18, 2013
  • US Congress Delays Medicare Physician Pay Cut -  January 16, 2013
  • Implications of Medicaid Expansion Under the Affordable Care Act -  July 31, 2012
  • CMS Proposes Major Changes to Overpayment Reporting Requirements, Extending Liability to Ten Years -  March 7, 2012
  • Affordable Care Act Enhances CMS Authority Potentially Impacting Future Medicare Payments to Providers and Suppliers -  September 6, 2011
  • CMS Announces Single Payment Amounts for the DMEPOS Competitive Bidding Program and Proposed Changes to Reimbursement Policies for DMEPOS Items -  August 3, 2010
  • The American Recovery and Reinvestment Act of 2009 Funds Comparative Effectiveness Research and Other Measures of Interest to the Medical Device Community -  March 12, 2009
  • AdvaMed Releases Revised Code of Ethics on Interactions with Health Care Professionals -  January 7, 2009

According to sources:
“Incredibly well connected in DC”
Chambers USA 2021

“Highly regarded for his expert reimbursement practice”
“Thought leader in policy issues”
Chambers USA 2017

“Well-versed in dealing with federal agencies and representing clients in front of the Centers for Medicare and Medicaid Services”
Chambers USA 2016

“Fluent in the industry and has a keen understanding of the complex regulatory landscape”
Chambers USA 2015

Bar Qualification
  • District of Columbia
Education
  • JD, Saint Louis University School of Law, 1988
  • MHA, Saint Louis University, 1988
  • BA, Indiana University, 1984
Industries
  • Healthcare & Life Sciences
Practices
  • Litigation & Trial Practice
  • Public Company Representation
  • Mergers & Acquisitions
  • White Collar Defense & Investigations
  • Tax-Exempt Organizations
  • Emerging Companies & Venture Capital
  • Private Equity
  • Israel Practice