Tara enjoys working with managed care organizations, pharmaceutical services providers such as PBMs, and integrated delivery systems, and companies that invest in them, on matters relating to compliance with federal health care program regulations, federal and state fraud, waste and abuse laws and plan benefits.

She works closely with Medicare Advantage Organizations (MAOs) and Medicare Part D Plan Sponsors, including Employer Group Waiver Plans (EGWPs), and first tier and downstream entities to address regulatory and compliance matters that arise as a result of participating in Medicare Parts C and D. Tara often advises clients on matters relating to plan bids, medical loss ratio reporting, drug pricing in both Medicare Part B and Part D and direct and indirect remuneration (DIR) reporting. She regularly counsels clients regarding risk adjustment systems and practices needed to support them. Tara also actively engages with CMS on behalf of clients on many matters.

She also works closely with discount medical and pharmacy plan operators (DMPOs) on matters relating to compliance with state laws and provider contracting.

Tara uses her substantive day-to-day compliance experience to assist clients in litigation matters and transactions.

Tara has extensive experience preparing and negotiating complex services agreements for and between MAOs, providers, PBMs, pharmacies, wholesalers, manufacturers, and DMPOs.

CMS Proposes Significant Changes to Medicare Advantage & Part D for 2021 and Beyond, Part 1: Updates to the Star Rating System and Suspension of the Past Performance Methodology

February 13, 2020 | Blog | By Tara E. Dwyer, Lauren Moldawer

In CMS’s recently released proposed rule (the Medicare and Medicaid Programs: Contract Year 2021 and 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program and Programs of All-Inclusive Care for the Elderly) (the “Proposed Rule”) and supplemental HPMS memos, CMS is proposing several significant changes to its star rating system and to its methodology for reviewing plan past performance. This blog post highlights the key details of the proposed changes to the star rating system and past performance methodology and their potential impact on Medicare Advantage and Part D plans.

February 7, 2020 | Blog | By Tara E. Dwyer

This week, the U.S. Department for Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS) released a proposed rule (the Medicare and Medicaid Programs: Contract Year 2021 and 2022 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicaid Program, Medicare Cost Plan Program and Programs of All-Inclusive Care for the Elderly), the 2021 Medicare Advantage and Part D Advance Notice of Methodological Changes for Medicare Advantage Capitation Rates and Part C and Part D Payment Policies (Part II), and multiple Health Plan Management System (HPMS) memos and notices covering topics including Medicare Advantage (MA) benefits, Medicare Part D bidding, and suspension of its Past Performance Review Methodology.

January 15, 2020 | Blog | By Tara E. Dwyer

As we noted in our previous blog post, there are several legislative priorities in the health care space that could see action this year. There are also a variety of activities beginning this year that could set the stage for later action. Here’s what we’re tracking for a 2020 health care legislative package.

December 27, 2019 | Blog | By Joanne Hawana , Tara E. Dwyer

At the end of July 2019, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) jointly published the Safe Importation Action Plan, which outlined the Trump Administration’s two-part plan to allow foreign prescription drugs to be imported into the United States in an effort to reduce drug prices. We wrote about the release of the Safe Importation Action Plan here, and the detailed proposals made public by the Administration on December 18, 2019, follow the framework that the agencies sketched out earlier this year. Specifically, HHS and FDA have proposed two different pathways: one that is being implemented via notice-and-comment rulemaking, and one that is being implemented via an FDA guidance document. HHS Secretary Alex Azar touted the two pathways together in a same-day FDA press release as “historic actions…[that] represent the bold nature of President Trump’s agenda for lowering drug costs.”

May 9, 2019 | Blog | By Tara E. Dwyer

Yesterday, May 8, 2019, the Centers for Medicaid & Medicaid Services (“CMS”) released its final rule requiring drug manufacturers to disclose a drug’s wholesale acquisition cost (“WAC”) in direct-to-consumer television advertisements. The rule, which will become final 60 days after the official publication of the rule (which will be tomorrow, May 10, 2019) was proposal last fall. CMS is largely adopting the rule as published last fall with minor technical changes for clarification

February 1, 2019 | Blog | By Theresa Carnegie, Tara E. Dwyer

On January 31, 2019, the U.S. Department of Health & Human Services (HHS) issued a proposed rule that would amend the discount safe harbor under the Anti-Kickback Statute (AKS) to eliminate protection for certain drug discounts paid by manufacturers to plan sponsors or their pharmacy benefit managers (PBMs) under Medicare Part D, and Medicaid managed care organizations (MCOs). Additionally, the proposed rule would create two new safe harbors to protect: (i) certain point-of-sale discounts on prescription pharmaceutical products; and (ii) certain fixed fee service arrangements between manufacturers and PBMs.

May 14, 2018 | Blog | By Theresa Carnegie, Tara E. Dwyer

On Friday, after weeks of delay, the President finally delivered his Drug Pricing Speech and released the HHS Blueprint detailing the Trump Administration's plan to lower drug prices and reduce out-of-pocket costs.

April 4, 2018 | Blog | By Tara E. Dwyer

Earlier this week, CMS released both the Contract Year 2019 Final Rules for Medicare Advantage and Part D (Final Rules) and the 2019 Call Letter. CMS also released fact sheets for the Final Rule and the Call Letter.

March 1, 2018 | Blog | By Bridgette Keller, Tara E. Dwyer

CMS has slowly but surely been providing additional guidance to Medicare Plans (Medicare Advantage and Part D plans) regarding steps they can and should take to address the opioid epidemic as it relates to their beneficiaries. CMS’s most recent guidance to Plans regarding the opioid epidemic was included in the Advance Notice and Call Letter.

February 6, 2018 | Blog | By Tara E. Dwyer

Late last week, CMS released the Advance Notice of Methodological Changes for Calendar Year (CY) 2019 for Medicare Advantage (MA) Capitation Rates, Part C and Part D Payment Policies and 2019 draft Call Letter (Advance Notice and Call Letter).

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The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas

August 15, 2024

187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

Mintz Receives High Rankings in the 2024 Edition of Legal 500 United States

July 10, 2024

PBM Takeaways From Proposed Telehealth Flexibility Bill

June 18, 2024

Chambers USA Ranks 83 Individual Attorneys and 42 Mintz Practices

June 06, 2024

Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.

Mintz Facilitates $3.7 Billion Deal For The Cigna Group

January 31, 2024

The Cigna Health Group signed a deal selling its Medicare businesses to Health Care Service Corporation (HCSC) for $3.7 billion. A Mintz team led by Tara Dwyer and Lauren Moldawer acted as regulatory counsel to The Cigna Group on the sale. In the deal, which is expected to close in the first quarter of 2025, HCSC will acquire Cigna’s Medicare lines including Medicare Advantage, Medicare supplement, and Medicare drug plans, as well as CareAllies, a unit that works with physician groups and other healthcare providers.

Lawsuits, Tax Fuel Doubt As Medicare Preps Drug Pricing Talks

August 25, 2023

Member Tara Dwyer spoke to Bloomberg Law and discussed potential roadblocks delaying Medicare's plans for negotiating lower drug prices.

One Hundred Twenty Mintz Attorneys Ranked as Leaders by Best Lawyers 2024

August 17, 2023

Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

'Many Legal Challenges' Loom As HHS Inks $4.7B Audit Rule

January 30, 2023

Mintz Member Tara Dwyer was quoted in Law360 examining the release of a Health and Human Services rule which prompted backlash and predictions of litigation.

Six Mintz Attorneys Named 2022 Washington, DC Super Lawyers and Rising Stars

April 28, 2022

HEALTH CARE BRIEFING: Senate Deal Complicates Drug Rebate Battle

August 9, 2021

Mintz Member Tara Dwyer was quoted in a Bloomberg Government article on the passage of the bipartisan infrastructure package and reconciliation bill, which would be paid for in part by delaying a controversial rebate rule – a rule which pharmacy benefit managers and insurers are in stiff opposition to.

Nine Mintz Attorneys Selected to the 2021 Washington, D.C. Super Lawyers and Rising Stars Lists

April 27, 2021

Supreme Court Holds that ERISA Does Not Preempt Arkansas PBM Law: The Impact on Employer Sponsored Health Plans

February 5, 2021

Mintz Member and Chair of the firm’s Employee Benefits & Executive Compensation Practice Alden J. Bianchi and Member Tara E. Dwyer co-authored an article published by Bloomberg Tax & Accounting’s Compensation Planning Journal examining the U.S. Supreme Court’s recent decision in Rutledge v. Pharmaceutical Care Management Association, holding that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt an Arkansas statute that regulates reimbursement levels paid by Pharmacy Benefit Managers (PBMs) to local pharmacies, and its impact on employer-sponsored group health plans.

Drug Intermediaries Threaten Lawsuits to Preserve Cut of Prices

November 23, 2020

In an article published by Bloomberg Law, Mintz Member Tara E. Dwyer was quoted on the Trump administration’s proposed final rule, which is currently under review by the Office of Management and Budget, that would end legal shields for drug rebates.

Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States

June 12, 2020

In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.

Ten Mintz Attorneys Honored as 2020 Washington, D.C. Super Lawyers and Rising Stars

April 16, 2020

Mintz Practice Groups and Attorneys Earn Strong Rankings in The Legal 500 U.S. 2019

June 11, 2019

Thirteen Mintz Attorneys Named Washington, D.C. Super Lawyers and Rising Stars

April 23, 2019

Proposed changes to Medicare Advantage audits could put insurers on the hook for billions

October 29, 2018

This feature article discusses a potentially significant change proposed to Medicare Advantage audits by the Centers for Medicare & Medicaid Services (CMS). Health Law Member Tara Dwyer is among the industry sources quoted in the story providing commentary.

Mintz Promotes Six Attorneys to Member

May 23, 2018

Eleven Mintz Attorneys Named Washington, D.C. Super Lawyers and Rising Stars

April 24, 2018

Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.

Mintz Advising Consortium in $4+ Billion Acquisition of Kindred Healthcare

December 21, 2017

Mintz is advising a consortium of investors led by TPG Capital and Welsh, Carson, Anderson & Stowe in their acquisition of Kindred Healthcare, Inc. The definitive agreement totals approximately $4.1 billion in cash including the assumption or repayment of net debt.

Twelve Mintz Attorneys Named 2017 Washington, D.C. Super Lawyers and Rising Stars

April 24, 2017

Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.

Eleven Mintz Attorneys Named 2016 Washington, D.C. Super Lawyers and Rising Stars

April 25, 2016

Twelve Mintz Attorneys Named Washington, D.C. Super Lawyers and Rising Stars

April 17, 2015

Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.

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Panelist

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2022

Legal, Regulatory, and Compliance Summit on Medicare Advantage

American Conference Institute

Nashville, TN

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Mar

2022

6th Annual Pharmacy & Pharmaceutical Industry Summit

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2020

5th Annual Mintz/ML Strategies Pharmacy & Pharmaceutical Industry Summit

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2020

The Current Risk Adjustment Litigation and Regulatory Landscape

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2018

3rd Annual Mintz /ML Strategies Pharmacy & Pharmaceutical Industry Summit

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Pharmacy Benefit Management - The Untold Truth

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Boston, MA

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Best Lawyers in America: Health Care (2024, 2025)
Chambers USA: District of Columbia – Healthcare (2024)
Included on the Washington DC Super Lawyers Rising Stars: Health Care list (2016 - 2021)
The Legal 500 United States for Healthcare: Service Providers (2019-2020, 2024)
Order of the Coif
ABA-BNA Award for Excellence in the Study of Health Law

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PBM Policy and Legislative Update — Fall 2024

November 22, 2024| Blog|

The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas

PBM Policy and Legislative Update — Summer 2024

July 31, 2024| Blog|

Tara E. Dwyer

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February 13, 2020 | Blog | By Tara E. Dwyer, Lauren Moldawer

February 7, 2020 | Blog | By Tara E. Dwyer

January 15, 2020 | Blog | By Tara E. Dwyer

December 27, 2019 | Blog | By Joanne Hawana , Tara E. Dwyer

May 9, 2019 | Blog | By Tara E. Dwyer

February 1, 2019 | Blog | By Theresa Carnegie, Tara E. Dwyer

May 14, 2018 | Blog | By Theresa Carnegie, Tara E. Dwyer

April 4, 2018 | Blog | By Tara E. Dwyer

March 1, 2018 | Blog | By Bridgette Keller, Tara E. Dwyer

February 6, 2018 | Blog | By Tara E. Dwyer

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