Michael Gaba provides strategic FDA regulatory, Medicare policy, and federal relations counsel to an array of companies developing a variety of products in the life sciences space, whether traditional medical devices, digital health-based products, biotechnologies, biologic-device combinations, or pharmaceuticals. His primary goal is to bring companies to market and then help them remain there in the most efficient and effective manner possible.

Working as an extension of each company’s legal and business teams, Michael draws on nearly 30 years of experience to navigate the FDA pre-market regulatory pathways, counsel companies on FDA post-market compliance matters, and resolve Medicare coverage, coding, and reimbursement disputes with the Centers for Medicare and Medicaid Services. By using his FDA and CMS experience during the product development phase, Michael is able to help maximize companies’ opportunities to be appropriately compensated in the proper treatment venues, whether a physician's office, hospital outpatient or inpatient departments, ambulatory surgical centers or home care.

During the COVID-19 pandemic, Michael provided strategic FDA counsel to many medical device and diagnostic companies, including several first-time entrants to the medical device space, helping them obtain emergency use authorizations from the FDA, and advising them on how to comply with FDA’s pandemic-focused enforcement discretion policies. Michael continues to advise these companies on transitioning to full FDA compliance in the post-pandemic environment.

There are times when federally-regulated life science companies and the patients they serve would benefit from changes to public policy, Michael works with members of Congress and Executive Branch officials to develop, enact and implement these policy changes.

Education

  • The George Washington University Law School (J.D., 1986)
    • Franklin & Marshall College (B.A., 1983)
      • Government

    Bar Admission

    • Maryland, 1987
    • District of Columbia, 1988

    Court Admissions

    • U.S. District Court for the District of Columbia, 1988
    • State of Maryland, 1987

    Professional Affiliations

    • American Health Law Association
    • Maryland Bar Association
    • District of Columbia Bar Association
    • Food and Drug Law Institute

    Recognition

    • Ranked in Chambers USA: America's Leading Lawyers for Business, Healthcare Pharmaceutical/Medical Products Regulatory, District of Columbia, 2007­-2014, 2021-2026
    • Selected for inclusion in Best Lawyers in America® for Health Care Law, 2014­-2026
    • FDAnews Medical Device Conferences Advisory Board Member, 2017-present
    • AdvaMed, Medical Technology Learning Institute Advisory Council, 2015-­present
    • Food & Drug Law Institute, Food & Drug Law Journal Editorial Advisory Board, 2009-­2013
    • Bloomberg BNA Medical Devices Law & Industry Report ­ Advisory Board, 2007­-2018
    • Food & Drug Law Institute, H. Thomas Austern Writing Awards Committee, 2006-­2010
    Publications
    Proposed Rule to Centralize the Federal Grant Process and Give Political Appointees More Power Over Awards
    Key Takeaways The Office of Management and Budget (OMB) is proposing to replace agency-by-agency interpretation of the Uniform Guidance with a more centralized, binding federal grants regulation. The rule would create a single government-wide framework for federal awards made in fiscal year 2027. The proposed rule could materially affect nonprofit and tax-exempt organizations that receive, administer or subaward federal funds. Comments are due no later than July 13 through the Federal Register site. Nonprofit recipients and pass-through entities should review funding portfolios, subrecipient and contractor classifications, cost allocation practices, federally funded communications and related-entity arrangements to identify potential exposure under the proposed rule. On May 29, the Office of Management and Budget (OMB) published a proposed rule in the Federal Register that would substantially
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    Lights, Camera, Action: Is D.C. Setting the Stage for a Sequel to Medicaid Changes?
    Key Takeaways: Federal regulators have intensified Medicaid oversight as H.R. 1 approaches its one-year anniversary, targeting expenditure reporting, Section 1115 waiver budget neutrality and state Medicaid fraud control operations. Congress is weighing another reconciliation package that could pair anti-fraud measures with additional Medicaid and health care changes. Proposals under review could significantly reduce federal spending and reshape eligibility, billing and state compliance obligations. Medicaid stakeholders should track agency actions and emerging legislative text through year-end. Measures with formal scores or committee consideration may advance as standalone bills or become part of larger spending packages. As the One Big Beautiful Bill Act (H.R. 1) nears its one-year anniversary, federal regulators and lawmakers continue to shine an uninterrupted spotlight on Medicaid spending and program integrity. Actions
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