Bar & Court Admissions
- State Bar of California
Past Chair, Health Law Committee of the State Bar of California
California Society for Healthcare Attorneys
American Bar Association
Association of Business Trial Lawyers
University of Texas at Austin School of Law, J.D.
Arizona State University, B.S.
David D. Johnson
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 Report, California Health Law News, U.C. Davis Business Law Journal, Los 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).
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.
- 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.
- Press Release, January 16, 2018
Past Speaking Engagements
- BCBS 2018 National SummitOrlando, FL, May 1, 2018
- Trends and Risks in Healthcare Discrimination Enforcement and Litigation: What Does the Future Hold?California Society for Healthcare Attorneys (CSHA) Annual Spring SeminarNapa, CA, April 14, 2018
- CMS Increasingly Turns to Civil Monetary Penalties to Police Federally-Funded Health Programs April 24, 2018
- Courts Read Network Adequacy Requirements into Federal Lactation Counseling Mandates April 17, 2018
- New Essential Health Benefits Rules Give Obamacare Plans More Flexibility As They Face Rising Competition April 12, 2018
- Two Courts Reject § 1557 and Title VII Healthcare Discrimination Claims Against Insurance Companies Acting as Third-Party Administrators April 3, 2018
- The Oral Argument in NIFLA at the Supreme Court and Limits on Freedom of Conscience for Healthcare Providers in the States March 27, 2018
- Authorities Split on whether ACA Section 1557 Requires Hospital Staff to Use Pronouns and Terms Consistent with a Patient’s Gender Identity March 20, 2018
- Would HHS’s Healthcare Conscience Rules Enable Physicians to Stay Silent About Legal End-of-Life Options? March 13, 2018
- When Is Coverage of Residential Care Required under MHPAEA? The Courts Reach Different Conclusions March 6, 2018
- Will Disparate Impact Claims Be Permitted in ACA Section 1557 Healthcare Cases? February 27, 2018
- New Proposed Regulations for Short-Term Health Insurance Are a Modest Step on the Road to Cheaper Coverage for Individuals February 23, 2018
- HHS’s Proposed Healthcare Conscience Rules May Open Up New Markets for Health Insurance February 12, 2018
- Closing the Health Insurance Gap for Small Business: The Potential and Pitfalls in the Proposed Rules for Association Health Plans February 8, 2018