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 is a member of the American Health Lawyers Association (AHLA), where he is serving on a conference planning committee and has served on the AHLA's Young Professional Council. David is also serving as a member of the URAC Telehealth Advisory Group.

Experience

  • Bridge to Life announces first close of $56 million growth financingJones Day advised Bridge to Life, Ltd. in its $56 million capital raise consisting of a secured credit facility and a Series A preferred equity investment.
  • MDLIVE sells company to Cigna's EvernorthJones Day advised MDLIVE in its sale to Cigna's health services subsidiary Evernorth.
  • Riverside portfolio company acquires PROHealth Home Care Services, Inc.Jones Day represented The Riverside Company in connection with the acquisition by portfolio company Best Life Brands, LLC (BLB), a family of companies focused on the well-being of clients along the continuum of senior care, of PROHealth Home Care Services, Inc. of Los Angeles, California.
  • PWNHealth and Home Access Health Corporation sold to Everlywell, forming Everly HealthJones Day advised PWNHealth LLC and Home Access Health Corporation in its sale to Everlywell, a leading digital health company, and forming Everly Health.
  • Sumitovant Biopharma acquires remaining stake in Urovant SciencesJones Day advised Sumitovant Biopharma in its acquisition of all of the outstanding shares of Urovant Sciences Ltd. not already owned by Sumitovant at a price of $16.25 per share in cash.
  • Zyter acquires Casenet® LLCJones Day advised Zyter, Inc., a wholly owned subsidiary of Infinite Computer Solutions, Inc. and a leading digital health product company, in its acquisition of Casenet® LLC, a leading provider of population health products, from Cetene Corporation (NYSE: CNC).
  • Riverside portfolio company acquires CordicoJones Day represented The Riverside Company in connection with the acquisition and financing by portfolio company Lexipol, LLC of Cordico, a provider of purpose-built, mobile health and wellness applications that deliver high-quality wellness tools, resources and assessments to public safety customers including law enforcement, fire, EMS, corrections, and more.
  • Olive Tree Ventures participates in $33 million investment in Lemonaid HealthJones Day represented Olive Tree Ventures as health regulatory and privacy counsel in connection with its investment in Lemonaid Health, a convenient, affordable, on-demand platform for accessing healthcare online.
  • UPMC subsidiary Curavi Health combined with CarePointe and U.S. Health Systems to form Arkos HealthJones Day advised University of Pittsburgh Medical Center (UPMC) in the business combination of its subsidiary Curavi Health, Inc. with CarePointe and U.S. Health Systems to form Arkos Health, a company that will provide virtual care solutions and health insights to vulnerable populations across the United States.
  • Riverside sells ActivStyleJones Day advised The Riverside Company in its sale of ActivStyle, a distributor of consumable medical supplies with an emphasis on incontinence products.
  • Cardinal Health sold minority ownership in NaviHealth, Inc. to OptumHealthJones Day advised Cardinal Health, Inc. in the sale of its minority ownership interest in NaviHealth, Inc. to UnitedHealth Group Incorporated's OptumHealth.
  • Telemedicine provider expands telehealth programming in response to COVID-19 public health crisisJones Day represented a telemedicine provider in their expansion of telehealth programming in response to the COVID-19 public health crisis.
  • 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.
  • ProMedica Health System implements extraterritorial health care policies in all 50 states and District of ColumbiaJones Day advised ProMedica Health System on implementation of extraterritorial health care policies in all 50-states and the District of Columbia.
  • 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.
  • Accountable care organization implements innovative arrangement under Medicare Shared Savings Program participation waiverJones Day advised an accountable care organization (ACO) in implementing an innovative arrangement under the Medicare Shared Savings Program participation waiver for home health, including preparation and negotiation of agreements for laboratory and care coordination services.
  • 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.
  • 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