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Michael Hess leads the firm’s Specialty Pharmacy & Pharmaceuticals Practice Group. His ability to balance legal issues with business issues has earned him a reputation as a go-to lawyer in the specialty pharmacy industry.
Mike’s ability to provide practical and impactful advice to specialty pharmacies is rooted in his first-hand experience as former Chief Counsel & VP of Strategic Development of Accredo Health Group, former Assistant General Counsel of Medco Health Solutions and as a private practice attorney to the industry. Utilizing this extensive experience, he now serves as the outside general counsel for many of the nation’s largest independent specialty, infusion, mail order and mental health pharmacies, and pharmacy benefit management and pharma service companies. In addition, he has participated in many of the specialty pharmacy transactions coming to market during the past three years. Mike’s strategic business advice and transactional and regulatory guidance helps manufacturers and pharmacies get high-cost, complex specialty drugs from the manufacturer’s warehouse to the patient’s door, safely, legally, effectively and efficiently.
Michael Hess leads the firm’s Specialty Pharmacy & Pharmaceuticals Practice Group. His ability to balance legal issues with business issues has earned him a reputation as a go-to lawyer in the specialty pharmacy industry.
Mike’s ability to provide practical and impactful advice to specialty pharmacies is rooted in his first-hand experience as former Chief Counsel & VP of Strategic Development of Accredo Health Group, former Assistant General Counsel of Medco Health Solutions and as a private practice attorney to the industry. Utilizing this extensive experience, he now serves as the outside general counsel for many of the nation’s largest independent specialty, infusion, mail order and mental health pharmacies, and pharmacy benefit management and pharma service companies. In addition, he has participated in many of the specialty pharmacy transactions coming to market during the past three years. Mike’s strategic business advice and transactional and regulatory guidance helps manufacturers and pharmacies get high-cost, complex specialty drugs from the manufacturer’s warehouse to the patient’s door, safely, legally, effectively and efficiently.
His practice involves a range of legal counseling for leaders in the pharmacy industry, including:
Specialty Pharmacy – Helping large and small specialty pharmacies develop their businesses through contract negotiation and counseling on regulatory and operational requirements.
Drug Distribution – Providing legal, regulatory and negotiation support related to the supply chain to specialty and retail pharmacies, wholesale distribution centers, reimbursement hub services, co-pay and coupon program services, adverse event or clinical hotline services, and associated software and program design agreements.
340B Pharmacy Contracts – Structuring contract arrangements for hospitals, FQHCs, Ryan White Clinics and hemophilia treatment centers to access 340B discounted drugs for eligible patients.
Transactional Support – Advising private equity firms and strategic buyers in the identification, evaluation, bid process, diligence and acquisition of potential specialty pharmacy and acquisition targets.
Previously, Mike was a shareholder of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC where he led the firm’s Drug, Device & Life Sciences industry team.
Memberships
American Health Law Association (AHLA) — RAP Practice Group, Vice Chair (2004-2007)
Institute for Health Law & Policy (iHeLP), University of Memphis Cecil C. Humphreys School of Law — Advisory Board
Memphis Leadership Academy — Board of Trustees
National Infusion Center Association — Advisory Board
Make-a-Wish of the Mid-South — Board of Directors
Michael Hess leads the firm’s Specialty Pharmacy & Pharmaceuticals Practice Group. His ability to balance legal issues with business issues has earned him a reputation as a go-to lawyer in the specialty pharmacy industry.
Mike’s ability to provide practical and impactful advice to specialty pharmacies is rooted in his first-hand experience as former Chief Counsel & VP of Strategic Development of Accredo Health Group, former Assistant General Counsel of Medco Health Solutions and as a private practice attorney to the industry. Utilizing this extensive experience, he now serves as the outside general counsel for many of the nation’s largest independent specialty, infusion, mail order and mental health pharmacies, and pharmacy benefit management and pharma service companies. In addition, he has participated in many of the specialty pharmacy transactions coming to market during the past three years. Mike’s strategic business advice and transactional and regulatory guidance helps manufacturers and pharmacies get high-cost, complex specialty drugs from the manufacturer’s warehouse to the patient’s door, safely, legally, effectively and efficiently.
Memberships
American Health Law Association (AHLA) — RAP Practice Group, Vice Chair (2004-2007)
Institute for Health Law & Policy (iHeLP), University of Memphis Cecil C. Humphreys School of Law — Advisory Board
Memphis Leadership Academy — Board of Trustees
National Infusion Center Association — Advisory Board
We represented ArtesRx, LLC, an affiliate of Flexpoint Ford, in its strategic growth investment in True Health Investors, Inc., a combination retail and long term care provider of pharmacy and medication adherence solutions. Flexpoint Ford is a private equity firm specializing in investments in the healthcare and financial services industries. Terms of the transaction were not disclosed.
Representation of Nuvem, a healthcare software technology and consulting services company, in their acquisition of Apovia, a pharmacy services management company. Terms of the transaction were not disclosed.
Representation of RxSense, a healthcare pharmacy benefits administration technology company, in their acquisition of ParamountRx, a prescription medicine discount plan company. Terms of the transaction were not disclosed.
Representation of Consonance Capital, a private equity manager focused exclusively on the healthcare industry, in their recapitalization of Orsini Pharmaceutical Services, a leading nationwide specialty pharmaceutical provider. Terms of the transaction were not disclosed.
Representation of Blue Fin Group, a full-service professional management consulting firm delivering research, strategy, and implementation services to help manufacturers optimize access, in its sale to IntegriChain, a comprehensive data and business process platform for Life Sciences market access. Terms of the transaction were not disclosed.
February 29, 2024 | Firm News, Attorney At Law Magazine, Law360, Knox TN Today
Additional News & Insights
Publication
Co-author – “HHS Issues Guidance on Permitted Remuneration for Prescription Refill Reminders in the Absence of Patient Authorization,” Health Lawyers Weekly (October 11, 2013)
Presentations
Panelist – “Understanding the Contractual, Operational, Regulatory Nuances of Specialty Pharmacy Contracting,” The World Congress Summit on Specialty Market Access and Channel Optimization (July 2014)
Moderator – “Specialty Pharmacy Mergers & Acquisitions (MA): Trends, Strategies, and Opportunity,” National Association of Specialty Pharmacies Strategic Business Exchange (October 2013)
Moderator – “340B in the Trenches: What You Should Know About 340B Audits,” American Health Lawyers Association (August 2013)
University of Mississippi School of Law - J.D., 1996
Mississippi State University - M.A., 1993
Mississippi College - B.A., 1992
Education
University of Mississippi School of Law - J.D., 1996
Mississippi State University - M.A., 1993
Mississippi College - B.A., 1992
Alabama, 2005
Tennessee, 2003
Mississippi, 1996
Admissions
Alabama, 2005
Tennessee, 2003
Mississippi, 1996
"Michael Hess is a Memphis-based attorney who is highly regarded for his experience advising specialty pharmacies on transactions. He complements this with a broad knowledge of regulatory matters gained through in-house experience at several healthcare providers."
