David E.Kopans

Of Counsel

Columbus + 1.614.281.3895

David Kopans represents health care providers (HCPs), insurers, and other third parties with managed care contracting and transactional and regulatory matters. He also represents accountable care organizations (ACOs), clinically integrated networks (CINs), and similar provider networks with participation in value-based payment arrangements and government programs such as the Medicare Shared Savings Program.

David's experience specifically includes managed care contracting for both traditional brick-and-mortar practices as well as telehealth practices; the formation and acquisitions of insurers and provider-based plans; insurer, TPA (third-party administrator), PBM (pharmacy benefit manager), and provider network licensure and registration; preparation of evidence of coverage and other insurance form filings; insurance regulatory filings; negotiation and preparation of services agreements with and on behalf of insurers, TPAs, PBMs, and other vendors; and the development of, and contracting for, CINs, ACOs, and various Medicare initiatives and programs.

David also advises clients in the health care and life sciences industries on transactional and regulatory matters related to health information privacy and security compliance under the Health Insurance Portability and Accountability Act (HIPAA) and other state and federal laws. David's clients include HCPs, insurers and other payers, life sciences companies, and digital health and telehealth companies offering mobile applications, online solutions, and data analytics.

David has served as chair of the Columbus Office's Diversity, Inclusion & Advancement Committee. He is also a member of the American Health Lawyers Association, where he has served on the AHLA's Young Professional Council and as an e-alert editor for the Payors, Plans, and Managed Care group.

Experience

  • Athersys completes $57.6 million public offering of Common StockJones Day represented Athersys, Inc., a clinical-stage biotechnology company developing novel and proprietary best-in-class therapies designed to extend and enhance the quality of human life, in connection with the $57.6 million underwritten public offering of 25,587,500 shares of Common Stock.
  • National digital health company launches government partnershipJones Day advised a large digital health company with multi-clinical services in negotiating a partnership with a state government program to provide telehealth and telemedicine consults during the COVID-19 state of emergency.
  • Leading financial services company provides $300 million credit facility for acquisition of oral healthcare and insurance companyJones Day represented a leading financial services company, as left lead arranger and administrative agent, in a $300 million senior secured syndicated revolving credit facility in connection with a private equity-backed acquisition of an oral healthcare and insurance company.
  • Sumitomo Dainippon Pharma acquires late stage biopharma companies and forms alliance with Roivant Sciences Ltd. worth $3 billionJones Day advised Sumitomo Dainippon Pharma Co., Ltd. ("Sumitomo") in an acquisition of late stage biopharma companies and formation of alliance with Roivant Sciences Ltd.
  • Riverside sells CTI Holding Company to Fortive CorporationJones Day advised The Riverside Company in connection with its sale of CTI Holding Company to Fortive Corporation.
  • ICON acquires Symphony Clinical ResearchJones Day advised ICON plc as health care, clinical trial regulatory, and data privacy diligence counsel in its acquisition of Symphony Clinical Research, a leading provider of at-home patient and site support services.
  • Large multi-state corporation reviews compliance with state corporate practice of medicine laws and regulationsJones Day advised a private multi-state corporation on compliance with corporate practice of medicine laws and regulations in multiple states with respect to the corporation's employed health care practitioners providing clinical services to the corporation's employees.
  • Arsenal Capital Partners acquires HistoGeneX and Caprion BiosciencesJones Day advised Arsenal Capital Partners on major investments in HistoGeneX and Caprion Biosciences and the subsequent combination of the two businesses.
  • Evidera acquires MedimixJones Day advised Evidera, a business unit of Pharmaceutical Product Development, LLC, in its acquisition of Medimix International, a global technology company providing real-world evidence (RWE) insights and information to the pharmaceutical, diagnostic, and medical device industries.
  • Riverside sells BeneSysJones Day advised The Riverside Company in connection with its sale of BeneSys, a provider of third-party administration (TPA) services for employee healthcare and pension benefit programs for Taft-Hartley multi-employer plans.
  • Shore Capital Partners acquires Eagle LaboratoriesJones Day represented Shore Capital Partners, LLC in connection with its acquisition of Eagle Laboratories, a manufacturer and distributor of ophthalmic products, focusing on single-use cannula, micro-surgical knives, and blades.
  • Brockway Moran sells portfolio company MD Now Holdings to Brentwood AssociatesJones Day represented Brockway Moran & Partners, Inc. in connection with the sale of its portfolio company MD Now Holdings, Inc., a large operator of full-service, walk-in urgent care centers, to Brentwood Associates.
  • Cardinal Health sells majority stake in NaviHealth to Clayton, Dubilier & RiceJones Day advised Cardinal Health, Inc. (NYSE: CAH) in the sale of a majority stake in its NaviHealth business to funds managed by Clayton, Dubilier & Rice.
  • Emerging digital health company launches multi-state telehealth platformJones Day advised an emerging digital health company in launching its telehealth operations in multiple states throughout the U.S., with additional expansion to come.
  • AGIC Capital acquires Fotona from The Gores GroupJones Day advised Asia-Germany Industrial Promotion Limited ("AGIC Capital"), an Asian-European private equity investor focused on industrial technology companies in the European and North American mid-market, in connection with the acquisition and related financing of Fotona, a U.S. and Slovenia based developer of high-tech laser systems and components, primarily used in medicine, aesthetics, surgery, gynecology, and dentistry, from private equity firm, The Gores Group.
  • Shore Capital Partners portfolio company acquires TheraBond® family of products from Alliqua BioMedicalJones Day represented Shore Capital Partners, LLC in connection with the acquisition by portfolio company, Argentum Medical, LLC, a manufacturer of innovative wound care products, of TheraBond® family of products from Alliqua BioMedical, Inc., a regenerative technologies company committed to restoring tissue and rebuilding lives.
  • Baxter Ventures invests in VitalConnectJones Day represented Baxter Ventures in connection with its purchase of Series C Preferred Stock in a private placement by VitalConnect, a leader in medical-grade wearable biosensor systems.
  • Shore Capital Partners portfolio company acquires vertebroplasty family of products from Cook MedicalJones Day represented Shore Capital Partners in connection with the acquisition by portfolio company IZI Medical Products, LLC, a manufacturer of medical consumable accessories used in radiology, radiation therapy, and image guided surgery procedures, of the vertebroplasty family of products from Cook Medical, a family-owned medical device company.
  • Shore Capital Partners invests in Argentum Medical and acquires certain assets of Cura SurgicalJones Day represented Shore Capital Partners, LLC in connection with its growth investment in Argentum Medical, LLC, a manufacturer and distributor of innovative wound care and surgical care products for consumers and professional, and acquisition of certain assets of Cura Surgical, Inc., a manufacturer and distributor of silver plated nylon technologies, minimally invasive surgical instruments, and implantable devices to surgeons and healthcare facilities.
  • Spirit AeroSystems enters into "accountable care" arrangement with clinically integrated networkJones Day advised Spirit Aerosystems Holdings Inc. ("Spirit") in connection with the development and negotiation of an "accountable care" arrangement pursuant to which Via Christi Health Alliance in Accountable Care, Inc., a clinically integrated network of hospitals, multi-specialty physician groups, and other health care providers will manage and coordinate the delivery of health care services to employees enrolled in Spirit's self-funded health benefit plans and assume financial accountability for managing the cost and quality of health care services furnished to its employees and their dependents.
  • Additional Publications

    Publications Prior To Jones Day

    April 2014

    Third Party Premium Payments: Agency Memos, Rules, Litigation, and More Uncertainty, coauthor, Payers Plans & Managed Care, American Health Lawyers Association

    March 2014

    Is Federal Regulation the Greatest Obstacle Facing Narrow Network Exchange Plans? Health Lawyers Weekly, Vo. XII, Issue 10

    June 2013

    Highmark Buy Continues National Insurer Trend, coauthor, Managed Healthcare Executive

    June 2013

    Lessons from Fox Insurance's Multitude of Mistakes, Law360

    December 2010

    Hospital-Law Enforcement Cooperation in the Emergency Department, Hospitals and Health Systems Rx, American Health Lawyers Association

    May 2010

    Prescription Drug Importation: A Casualty of Health Care Reform, Life Sciences, American Health Lawyers Association

    April 2009

    Campaign ‘08 and the Obama Administration’s Rejuvenation of Stem Cell Research, coauthor, Life Sciences, American Health Lawyers Association

    Speaking Engagements

    • April 21, 2020
      “Part 2: Opportunities and Risks for Telehealth under HIPAA and State Privacy Responses to the COVID-19 Pandemic,” American Telemedicine Association , COVID-19 Response Webinar Series (Webinar)
    • April 14, 2020
      “Part 1: Opportunities and Risks for Telehealth under HIPAA and State Privacy Responses to the COVID-19 Pandemic,” American Telemedicine Association , COVID-19 Response Webinar Series (Webinar)
    • November 17, 2019
      “Fundamentals of Medicare Parts C and D and Commercial Health Insurance,” AHLA Fundamentals of Health Law
    • November 15, 2019
      “Getting Technical: Negotiating Your Way through the Legal Documents for Telehealth Platforms, Mobile Apps, and Other Tools,” AHLA Health Plan Law and Compliance Institute
    • December 4, 2018
      Jones Day CLE Academy: Year-End Review: The Latest Trends and Issues in Health Care
    • November 12, 2018
      Fundamentals of Commercial Health Insurance and Managed Care Arrangements, Fundamentals of Health Law, American Health Lawyers Association
    • November 2, 2018
      Sharing and Using Patient Data in Payer-Provider and Other Network Arrangements: Major Legal and Contractual Considerations, Institute for Health Plan Counsel, American Health Lawyers Association
    • October 23, 2018
      2018 Advanced Payment Summit - "A Legal Perspective"
    • December 7, 2017
      Jones Day CLE Academy: Innovative Uses of Technology in an Era of Health Care Reform
    • November 7, 2017
      Fundamentals of Commercial Health Insurance and Managed Care Arrangements, Fundamentals of Health Law, American Health Lawyers Association
    • October 28, 2016
      Planning the Transition - Starting Your Next Generation ACO, Health Education Associates' Next Generation & Advanced Risk Medicare ACO Summit
    • June 22, 2016
      Overview of Wellness Programs and the New EEOC Rules
    • October 27, 2015
      The New Era of Discrimination Law for Health Insurance under the Affordable Care Act, Institute for Health Plan Counsel, American Health Lawyers Association
    • February 19, 2015
      Key Health Law Issues for Non-Healthcare Lawyers, Live CLE, Ohio State Bar Association
    • February 11, 2015
      Key Health Law Issues for Non-Healthcare Lawyers, Ohio State Bar Association (Webcast)

    Speaking Engagements Prior to Jones Day

    April 9, 2014

    Understanding Your State’s Essential Health Benefits: A Systematic Approach, panelist, AHLA Institute for Health Plan Counsel

     

     

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