Practice Areas
Public Health
Contracts & Technology
Litigation

Education
B.A., 1973, magna cum laude, University of Pennsylvania

J.D., 1976, Temple University School of Law

Bar and Court Admissions
Pennsylvania
District of Columbia

Other Professional Affiliations
American Bar Association (Health Care Procurement Committee) Section of Public Contract Law

National Contract Management Association

Frank M. Rapoport is a leader in the emerging Biodefense Procurement Market Place. He has been involved on behalf of pharmaceutical clients in the government’s acquisition of both the Smallpox and Anthrax vaccines.  He has testified before Congressional Committees - House Government Reform and House Selection on Homeland Security - on how to build a biodefense industry.  He led a seminar entitled Emerging Business Opportunities for the Biodefense Contractor – Intersection of Pharmaceutical Sales and Government Contracting in June of 2002.  He spoke on April 4 at the Washington Legal Foundation on The Emerging Biodefense Industry – Legal and Contractual Issues for the Pharmaceuticals; Biotech and Medical Diagnostic Industries.  He will chair on June 4^th  Infocast’s Conference on the Biodefense Vaccines, Therapeutics and Diagnostics conference in Washington, D.C.  Also, he spoke on June 23rd on how to Understand the Programs and Funding that Create Incentives forBiodefense Production.  In the Fall of 2004, Frank led seminars and chaired conferences on the following:  BioContact Quebec, Canada; Federal Biodefense Research FY 2005; Healthcare Industry Conference: Focus on Investing in Specialty Pharmaceuticals & Biotechnology; and in December spoke at the following Biodefense events:  Government Affairs Breakfast Briefing, The Community Preparedness Briefing and the Biodefense Briefing.  Frank has just returned from Moscow, Russia where he accompanied Congressman Curt Weldon at the first US-Russia Homeland Security Trade Mission and spoke on Bioterrorism.

McKenna Long & Aldridge LLP,  where he is resident in both the Firm’s Philadelphia and Washington, D.C. offices, Mr. Rapoport also focuses his practice on pharmaceutical pricing investigations, public health and government contracts. 

Mr. Rapoport counsels pharmaceuticals, biotechs, pharmacy benefit managers, wholesalers and distributors on developing drug pricing strategies for maximizing their profits and maintaining compliance with public sector programs such as Medicaid, Medicare, Public Health Service, Department of Veteran Affairs and Department of Defense.  His current work involves the following:

·          Defending Federal and State Pricing Investigations relating to alleged fraudulent Average Wholesale Price(“AWP”), Wholesale Acquisition Price (“WAC”), Best Price (“BP”), Average Manufacturers Price (“AMP”) and Relabeling/Repackaging to Avoid Best Price Under Medicaid.

·          Conducting Medicaid Diagnostic Audits for Pharmaceuticals.

·          Conducting Training on Federal Supply Schedule contracting with the VA, DOD, and PHS at over forty-five pharmaceuticals.

·          Instructing on fraud, abuse and Anti-Kickback laws.

·          Understanding contracting for vaccines to counter bio weapons by the National Institutes of Health (“NIH”) Center for Disease Control (“CDC”) and DARPA.

·          Advising Pricing Committee of major pharmaceuticals on how to prepare for eventual Medicare coverage of pharmaceuticals.

Mr. Rapoport is a leader in the growing field of public health care procurement. He formulates strategies for expanding contracting opportunities with DOD,VA, and Health Care Financing Administration (“HCFA”). He was Co-Chair of the Health Care Procurement Committee of the American Bar Association's Section of Public Contract Law and leads a Health Care Special Topics Committee on public health contracting for the 27,000-member National Contract Management Association.

Mr. Rapoport is the author of The Federal Health Care Contractor's Handbook, a comprehensive treatise on federal health care procurement of pharmaceuticals and medical supplies.  He has developed a curriculum of courses he teaches for the pharmaceutical and biotech industry on “Health Care Contracting with the Federal Government.”  A list of these courses can be found on his website at www.dclinkonline.com under “Training the Sales Force”. 

Mr. Rapoport is a former trial attorney with the U.S. Department of Justice (“DOJ”) in Washington, D.C. where he served under both the Carter and Regan Administrations. While with the DOJ, he handled major litigation on behalf of the DOD, HCFA, VA, and the National Institutes of Health involving False Claims Act prosecutions, bid protests, and claims and disputes.  He received the Attorney General’s “Outstanding Performance Award” for excellence in litigation on behalf of federal agencies.