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Mark Manigan, Esq., Member

Brach Eichler LLC

101 Eisenhower Parkway
Roseland, New Jersey 07068
| LinkedIn

mmanigan@bracheichler.com
http://www.bracheichler.com
P:. (973) 403-3132

Jurisdiction

New Jersey, New York, Pennsylvania

Biography

Mark Manigan is a member of Brach Eichler’s Health Law Practice Group and the firm’s Executive Committee. He has a regional practice focused on the representation of health care industry participants on transactional and regulatory matters. Mark serves a wide spectrum of health care clients, including health systems, ambulatory care facilities, physician groups, long-term care facilities, real estate operators and health care entrepreneurs. In addition, Mark serves as general counsel for many closely-held health care related businesses and has been retained as special health care counsel by the U.S. Bankruptcy Court Trustee.

Mark provides representation to health care businesses on formation issues, strategic planning, sales, mergers, acquisitions, divestitures, dissolutions and general corporate matters. He also counsels clients on structuring joint ventures and other relationships among industry players, project financing and structuring and negotiating complex health care transactions.

Mark is actively engaged in counseling health care providers on proactive strategies to deal with federal health care reform and industry consolidation. In this regard, he provides advice on vertical integration strategies and alternative reimbursement arrangements, including shared savings opportunities, episodic reimbursement, bundled payments and health care providers transitioning into the business of providing health insurance.

Mark spends a significant amount of time helping clients navigate their way through an excessively regulated environment. He advises industry participants on anti-kickback and self-referral rules and regulations at both the federal and state level, payment and reimbursement matters, state and federal license and certification issues, professional licensing board rules and general corporate compliance.

Mark has developed particular proficiency in all facets of the ambulatory surgical center (ASC) business. Mark counsels physicians and non-physician investors on the “de novo” development of ASCs. He is experienced in the syndication of ASC equity interests to physician investors, the termination of existing owners, negotiating management and development agreements with ASC development companies and advising ASCs on reimbursement issues and managed care contracting. Mark has been an active participant in the ASC consolidation, representing both buyers and sellers of ASCs in multiple transactions.

Mark was appointed to Governor-Elect Chris Christie’s Transition Team, serving on the health care subcommittee. He was also selected by the chairman of the New Jersey State Assembly Financial Institutions and Insurance Committee, Gary S. Schaer (D-Passaic), to serve on a working group analyzing out-of-network health insurance issues and also served on the New Jersey Department of Health’s Patient Safety Adverse Event Committee. Mark was also appointed by the Director and Chief Judge of the Division of Workers’ Compensation to the Medicaid Task Force, a committee formed to review and assess provider reimbursement issues in workers compensation matters.

Mark served as a panelist at the New Jersey: State of the State – Revitalizing Our Economy conference, presented by the Council on State Public Affairs, which promotes conversation on New Jersey public policy. He moderated the discussion “Healthcare in New Jersey: Who Will Pay the Bill?” Mark also serves as the Program Chair for the NJ ASC Review, an annual conference focusing on the latest developments in the ASC industry.

Mark has been cited as an authority on health law in several publications and television, including NJ News, the Philadelphia Inquirer, Outpatient Surgery Magazine, The New Jersey Business Journal, Physician’s News Digest, Real Estate Weekly, The Record, Estate Planning Review, The Star-Ledger, NJBIZ, NJ Spotlight, Endo Economics and AM/News.

For the fifth year in a row, Mark was among NJBIZ‘s “Power 50 Health Care.”  Mark was described as “one of the most respected lawyers in health care…a super lawyer…and not someone you want to go up against.”  “He’s got a lot of clients and serves them well.”  He has been described as a leading advocate for health care providers…helped shape legislation on hot-button issues like ambulatory surgery centers and payments to out-of-network providers.  Mark has been named “Forty Under 40” by both the New Jersey Law Journal and the New Jersey Business Journal.  Chambers USA says Mark “has a healthy reputation in the field.”  Adds Chambers, “when he talks, everyone listens.”

Focus Areas

Affiliation Agreements, Ambulatory Surgery Center (ASCs)/Surgical Facility, Buy/Sell Agreements, Corporate Formation, Healthcare Real Estate, Joint Ventures, Licensure, Management companies, Mergers, Physician Practice/Physician Organization Transactions, Physician Representation, Private Placements & Syndications, Strategic Alliances, Urgent Care Centers/Freestanding Emergency Rooms