K&L Gates Bolsters Healthcare Practice With 340B, Pharmacy Law Partner in Washington, D.C.

Washington, D.C. – Global law firm K&L Gates LLP welcomes Mark Ogunsusi as a partner in its Healthcare and FDA practice. He joins the firm’s Washington, D.C., office from Powers Pyles Sutter & Verville PC.

With more than 15 years of experience as a licensed pharmacist, Ogunsusi focuses his practice primarily on regulatory matters involving pharmacy law, pharmaceutical pricing, and innovative value-based reimbursement arrangements. He regularly advises an array of entities on the nuances of healthcare and drug pricing programs, including issues under the Medicaid Drug Rebate Program, discounted pricing under the Nonprofit Institutions Act, the 340B drug discount program, the Medicaid drug rebate program, and Federal Supply Schedule pricing.

Working extensively with large health system pharmacies on regulatory and transactional matters, Ogunsusi also concentrates on many areas of pharmacy law, including supporting specialty, retail, independent, and compounding pharmacies. He has worked on matters across the entire drug supply chain, including with wholesale drug distributors, third party logistics providers, and group purchasing organizations. He also has significant experience representing small critical access hospitals and sole community hospitals, among others. He regularly advises federal grantees, including federally qualified health centers, Ryan White clinics, and other critical public healthcare providers.

Ogunsusi has significant experience in the various aspects of the 340B program, including covered entity registrations, contract pharmacy arrangements, patient eligibility determinations, duplicate discount issues, drug inventory management systems, entity eligibility requirements, third party vendor arrangements, shared savings arrangements, alternative distribution models, auditable records requirements, and other 340B program transactional and compliance matters. He has drafted state and federal bills impacting pharmacy benefit managers and pharmaceutical pricing, many of which have been enacted into law.

Ogunsusi has structured innovative models to promote pharmaceutical access and transparency, including a neutral clearinghouse model. He has also supported successful federal litigation on pharmacy and drug pricing matters across the United States. He regularly presents to health industry executives and pharmacy directors on drug pricing matters and developments in pharmacy law.

Prior to attending law school, Ogunsusi worked in several different healthcare settings, including an acclaimed Level I trauma center safety-net hospital in the Southeast United States. He previously served as CEO of a healthcare and technology consulting firm, PrystM LLC.

“Mark is an advocate for promoting access to pharmaceutical care and supporting safety-net providers across the United States,” said David Wochner, managing partner of the firm’s Washington, D.C., office. “His pharmacy background and technical experience has shaped his health law practice and greatly complements the counsel we provide to our clients in the healthcare industry across the firm.”

K&L Gates added 340B lawyer Amanda Smith to its Washington, D.C., office last year. Ogunsusi and Smith are among a handful of new lawyers and policy professional who have joined the firm in Washington, D.C., in the past year, including public policy and law lawyers Marne Marotta, David Skillman, and Varun Jain, energy partner Thomas Allen, and the firm’s first national security advisor Marissa Cloutier, among others.

Michael Scanlon, a leader of K&L Gates’ global Policy & Regulatory practice area, stated: “We’re thrilled to have Mark join our healthcare team. The 340B program has experienced continued growth over the years and his unparalleled knowledge and skillset in this space will help clients navigate through the complexities of the 340B drug pricing program.”

Lawyers in K&L Gates’ Healthcare and FDA practice have decades of experience effectively addressing the issues and problems that arise for healthcare providers, including health systems, academic medical centers, and pharmacies. The team provides advice regarding regulatory issues, fraud, and abuse issues, as well as payor disputes and contracting.