Primary Industries

Bar & Court Admissions

  • State Bar of California

Professional Affiliations

Past Chair, Health Law Committee of the State Bar of California 

California Society for Healthcare Attorneys 

American Bar Association 

Association of Business Trial Lawyers

Education

University of Texas at Austin School of Law, J.D. 

Arizona State University, B.S.

Photo of David D. Johnson

David D. Johnson

Partner
San Francisco
T: 415.882.7770
F: 415.882.1570
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Full Bio

David Didier Johnson is a partner in M&R’s San Francisco office, where he practices in the firm’s Health Care Department. In that capacity, David primarily represents health plans and healthcare providers, not just in the courtroom, but also before regulators such as the California Department of Managed Health Care (DMHC), California Department of Insurance (CDI), California Department of Health Care Services (DHCS), U.S. Departments of Justice (DOJ) and Labor (DOL), and the HHS Office for Civil Rights (OCR). He also handles healthcare-related transactional matters and provides advice and counsel to medical equipment manufacturers. In addition, David has broad experience litigating class actions and mass tort cases.

An authority on health law, David has authored/co-authored chapters in the American Bar Association treatise, Managed Care Litigation and the Health Law Handbook and has contributed articles to BNA's Health Care Policy ReportCalifornia Health Law NewsU.C. Davis Business Law JournalLos Angeles Daily Journal, Los Angeles Lawyer, Health Law Perspectives, among many others. He is a frequent speaker on the topic at conferences throughout the United States, and is a past Chair of the California State Bar Health Law Committee.

Prior to his career as a lawyer, David was a Certified Public Accountant, focusing on financial statement audits, financial analysis and insurance accounting. More recently, he leaned on this experience to develop statutory accounting methodologies and advocate for health plans and related trade associations before the National Association of Insurance Commissioners (NAIC).

EDUCATION

David earned a J.D. from the University of Texas at Austin School of Law. He graduated law school with honors, was elected to the Order of the Coif, and was awarded the American Bankruptcy Institute Medal of Excellence. David was an undergraduate at Arizona State University, where received a B.S. in Accounting, magna cum laude, at the age of 18.

AWARDS & RECOGNITIONS

David was honored with a Certificate of Appreciation from the City Council of Arlington, Texas for leading a community anti-drug campaign. 

Representative Matters

  • Represents health plans and insurers, hospitals, pharmacy benefits managers (PBMs), third-party administrators (TPAs) and other health care entities throughout the U.S. in payer-provider disputes regarding pricing, Medicare and Medicaid coverage, subrogation, emergency services, stop-loss coverage, and other matters.
  • Defended and settled a 32,000-member class action against Kaiser Foundation Health Plan and its medical groups regarding coverage of behavioral therapies for autism.
  • Represented the California Association of Health Plans (CAHP) on appeals before the Ninth Circuit and California Court of Appeals on mental health coverage issues.
  • Defended and settled False Claims Act and individual tort suits against Tenet Healthcare Corporation and its hospital subsidiary involving over 1,000 claims of unnecessary cardiac procedures.
  • Represented Alameda Alliance for Health in a dispute with the California Department of Health Care Services concerning the actuarial soundness of Medicaid (Medi-Cal) capitation rates.
  • Successfully challenged the California's Department of Health Care Services' rejection of an application by MED-EL, a cochlear implant manufacturer, to participate as a Medi-Cal supplier.
  • Represented America's Health Insurance Plans (AHIP) before the National Association of Insurance Commissioners (NAIC) on the statutory accounting rules to be used for the Health Insurer Fee imposed by Section 9010 of the Affordable Care Act.
  • Assisted health plans in developing ACOs, on managed behavioral health organization (MBHO) carve-outs and on other transactional matters.

Upcoming Speaking Engagements