David Kopans focuses his practice on the representation of clients in the healthcare and health insurance industries. His experience includes advising on insurance licensure (including licensure for third party administrators and pharmacy benefit managers), formation and operation of health insurance companies and health maintenance organizations, insurance regulatory filings, managed care contracting and provider network licensure/registration and clinical integration. David’s experience also includes advising hospitals, health systems and other healthcare providers on hospital-physician alignment strategies; healthcare fraud and abuse; health information privacy compliance; regulatory, operational and compliance matters; physician and vendor contracting; Medicare/Medicaid participation and compliance; and licensure and accreditation.

David is the author of “Prescription Drug Importation: A Casualty of Health Care Reform,” Life Sciences, a publication of the American Health Lawyers Association, May 2010, and a co-author of, “Campaign ’08 and the Obama Administration’s Rejuvenation of Stem Cell Research,” also appearing in Life Sciences, April 2009.

Representative Experience

• Counseling hospitals, hospices, physicians and other healthcare organizations in matters such as healthcare fraud and abuse and health information privacy compliance; contractual arrangements; regulatory, operational and compliance matters; Medicare/Medicaid participation and reimbursement; and licensure and accreditation.
• Providing to physician groups analyses of federal and state physician self-referral and anti-kickback law implications of investments and other financial relationships related to joint ventures and other affiliations with hospitals.
• Drafting physician employment and independent contractor agreements, purchase agreements, vendor agreements and graduate medical education master affiliation agreements.
• Drafting policies for compliance with the Red Flag Rules, HIPAA and False Claims Act regulations.
• Representing managed care organizations, including PPOs and a PACE organization, in drafting provider participation agreements and advising on statutory and regulatory compliance.
• Advising clients on matters relating to the formation of corporations, limited liability companies and other legal entities, and drafting governing documents of the same.