Scherb Law Firm PLLC | Healthcare Regulatory Law Firm | Esther Scherb | Speaking & Writing
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Biography
Esther  Scherb

EDUCATION

  • University of Richmond School of Law, J.D., 1987
  • Tufts University, D.M.D., 1978
  • CUNY Brooklyn College, B.S., 1975

ADMISSIONS

  • District of Columbia
  • Virginia
Esther Scherb
Managing Member
CONTACT INFORMATION
Tel: 202-285-9449
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  • All Speaking & Writing
    11/13/2019

    Select Speeches

    • Co-Chair, Hot Topics in Health Care Law 2018, Practicing Law Institute Seminar (December 12, 2018)
    • Co-Chair, Health Care Law Institute 2017: The New Challenges Facing Providers – Reimbursement, Enforcement, Compliance and Other Hot Topics,” Practicing Law Institute Seminar (December 14, 2017)
    • Regulatory and Reimbursement Developments for Diagnostics and Companion Diagnostics, BIO’s 2017 IP & Diagnostics Symposium (September 29, 2017)
    • Evolving Issues in Government Pricing and Reimbursement, Covington Bay Area Life Sciences Symposium (December 3, 2015)
    • Co-Chair, Emerging Challenges and Trends in Reimbursement, Enforcement and Other Hot Topics, PLI Health Care Law Institute 2015 (November 11, 2015)
    • Drug and Biologic Pricing: Hot Topics, PLI Health Care Law Institute 2015 (November 11, 2015)
    • Physician Payment Under the Physician Fee Schedule, AdvaMed Medical Device Reimbursement Workshop (November 12, 2014)
    • Department of Health and Human Services: Challenges Facing Plans, Providers and Life Sciences Companies, Latham & Watkins Webcast (April 9, 2014)
    • The CMS Coverage Process & Reimbursement Tools, AdvaMed Medical Device Reimbursement Workshop (February 26, 2013; October 22, 2013)
    • Reevaluating Pricing and Reimbursement Strategies in Light of the Trends Towards Evidence Based Medicine and Government Mandate for Comparative Effectiveness Research, ACI’s 9th Annual Advanced Forum on Government Regulation of Prescription Drug Pricing (February 28, 2011)
    • Comparative Effectiveness Research: Implications for Price, Reimbursement and Coverage Strategies, ACI’s 8th Annual Advanced Forum on Government Regulation of Prescription Drug Pricing (March 19, 2010)
    • Medicare Part B Drug Pricing: 2009 and Beyond, ACI’s 4th Annual Advanced Forum on Government Regulation of Prescription Drug Pricing (November 12, 2009)
    • Prescription Drug Pricing Discount Programs and the Rebate System, ACI’s 3rd Annual Rx Drug Pricing Boot Camp (November 13, 2008)
    • Tackling the Reimbursement Issues Associated with Off-Label Uses, ACI’s 5th Annual Pharmaceutical and Medical Device Manufacturer's Guide to Off-Label Communications (July 16, 2008)
    • The Nuts and Bolts of the New Medicare Competitive Bidding Program for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS), ABA Teleconference (May 22, 2007)
    • Developing Reimbursement Strategies for Third-Party Payors, DIA Conference (February 6, 2002)
    • Getting the Product Covered: The Basics, AdvaMed Medicare Coverage Workshop (July 25, 2001)
    • CMS’s Proposed Criteria for Coverage Decisions, AdvaMed Medicare Coverage Workshop (July 25, 2001)


    Select Publications

    • Co-Author, Medicare Policies Modified to Support Smart Devices Use for Sharing Glucose Data," Inside Medical Devices Blog (August 7, 2018)
    • Author, CMS Announces Enforcement Discretion for New Laboratory Date of Service Exception, Inside Medical Devices Blog (July 5, 2018)
    • Co-Author, CMS Revises Medicare Part B Biosimilar Coding and Payment Policies, Covington Alert (November 8, 2017)
    • Co-Editor and Co-Author, What Is … mHealth, American Bar Association (2017)
    • Co-Author, CMS Publishes Final Rule to Implement PAMA’s Changes to Laboratory Test Reimbursement, Inside Medical Devices Blog (July 1, 2016)
    • Co-Author, Key Takeaways on CMS Final Rule on PAMA’s Reimbursement Policies for Clinical Diagnostic Laboratory Tests, Covington Client Alert (June 30, 2016)
    • Co-Author, Reimbursement Considerations in Rare False Claims Act Jury Trial Addressing Off-Label Issues, Inside Medical Devices Blog (April 20, 2016)
    • Co-Author, 10 Things To Know About U.S. Biosimilar Reimbursement, Law360 (April 15, 2016)
    • Co-Author, First Year in Review: Top Ten Things to Know about Biosimilar Reimbursement in the U.S., Covington Client Alert (April 14, 2016)
    • Author, Reimbursement Policies for Biosimilars, Practicing Law Institute, Health Law Course Handbook Series for Health Care Law Institute 2015 (November 11, 2015)
    • "CMS Issues Delayed Proposed Rule Implementing PAMA’s New Clinical Laboratory Reimbursement Criteria," October 7, 2015, Covington Alert
    • Co-Author, CMS Releases New Reimbursement Guidance for Biosimilars, Covington, Client Alert (April 7, 2015)
    • Co-Author, CMS Adopts A New Framework that Significantly Reduces DMEPOS Fee Schedule Payments, ABA Health eSource, Volume 11 Number 6 (February 2015)
    • Co-Author, FDA to Strengthen Oversight of Certain In Vitro Diagnostic Devices, Latham & Watkins Health Care & Life Sciences Practice, Client Alert, Number 1730 (August 20, 2014)
    • Co-Author, 10 Tips for Medical Technology Companies, Lexology (October 24, 2013)
    • Co-Author, 10 Strategic Considerations for Tackling Medicare’s Revised National Coverage Determination Process, Latham & Watkins Health Care & Life Sciences Practice, Client Alert, Number 1595 (October 17, 2013)
    • Author, Implementation of PPACA’s Cuts to Disproportionate Care Hospital Payments Foreshadows Negative Consequences for Many Hospital Systems, ABA Health eSource, Volume 9 Number 12 (August 2013)
    • Co-Author, Congress Delays Medicare Physician Pay Cut With American Taxpayer Relief Act of 2012, but Reduces Payments to Other Medicare Providers, Latham & Watkins Corporate Department, Client Alert, Number 1453 (January 16, 2013)
    • Co-Author, Medicare’s Proposed Prior Authorization of PMDs Demonstration Project Reveals a Potential New Paradigm for Claims Processing, ABA Health eSource, Volume 8 Number 12 (August 2012)
    • Co-Author, CMS Proposes Major Changes to Overpayment Reporting Requirements, Extending Liability to Ten Years, Latham & Watkins Corporate Department, Client Alert, Number 1303 (March 7, 2012)
    • Co-Author, Complying with Medicare Enrollment Screening Criteria In a High-Stakes Environment, ABA Health eSource, Volume 8 Number 4 (December 2011)
    • Co-Author, Affordable Care Act Enhances CMS Authority Potentially Impacting Future Medicare Payments to Providers and Suppliers, Latham & Watkins Corporate Department, Client Alert, Number 1234 (September 6, 2011)
    • Co-Author, The Medicare & Medicaid EHR Incentive Programs: Preparing for a Potential Audit, ABA Health eSource, Volume 7 Number 12 (August 2011)
    • Co-Author, CMS Announces Single Payment Amounts for the DMEPOS Competitive Bidding Program and Proposed Changes to Reimbursement Policies for DMEPOS Items, Latham & Watkins Corporate Department, Client Alert, Number 1068 (August 3, 2010)
    • Co-Author, The American Recovery and Reinvestment Act of 2009 Funds Comparative Effectiveness Research and Other Measures of Interest to the Medical Device Community, Latham & Watkins Health Care & Life Sciences Practice, Client Alert, Number 829 (March 12, 2009)
    • Co-Author, Medicare’s Clinical Trials Coverage Policy Left Unchanged – Will There Be a Third Attempt?, Latham & Watkins Corporate Department, Client Alert, Number 647 (November 20, 2007)
    • Co-Author, Proposed Changes to Medicare Coverage of Clinical Trials, Latham & Watkins Corporate Department, Client Alert, Number 595 (May 9, 2007)
    • Co-Author, Requirements for Medicare Coverage and Reimbursement for Medical Devices, Clinical Evaluation of Medical Devices, pp. 59-80 (Springer, 2d Edition, 2006)
    • Co-Author, CMS Updates Process for National Coverage Decisions Latham & Watkins Health Care Practice, Client Alert, Number 334 (October 3, 2003)
    • Co-Author, Steering Around Successor Liability in Health Care Transactions, Health Care Fraud & Abuse, 1129 Practicing Law Institute 23 (June 1999)