Mark  Manigan

Practice Areas

Bar & Court Admissions

  • New Jersey
  • New York
  • Pennsylvania

Education

  • Seton Hall University, School of Law
  • Bucknell University
Mark  Manigan QR Code

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 on multiple occasions.

NOTABLE MATTERS

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.

PUBLICATIONS

Mark Manigan frequently lends his expert knowledge on topics of interest and leading news stories.

ADDITIONAL NOTEWORTHY INFORMATION

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 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, EndoEconomics and AM/News.

For the seventh year in a row Mark was among NJBIZ's "Power 50 Health Care.” He has been described as "not your typical lawyer . . . 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 was 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." In addition, he was named in 2016 as a New Jersey and New York Best Lawyer. Mark was also recognized as a New Jersey Super Lawyer in 2017.

RECENT BLOG POSTS

CMS Releases Hospice Compare Website and Simplifies Notice of Election Submission ProcessHealth Law Blog | September 5, 2017

CMS Proposes to Cancel Mandatory Bundled Payment ModelsHealth Law Blog | September 1, 2017

Legislative Update - August 2017Health Law Blog | August 2017

DOJ Charges 412 Individuals Responsible for Health Fraud Losses Totaling $1.3 BillionHealth Law Blog | August 2017

Legislative Update - July 2017Health Law Blog | July 2017

BME Proposes Amendments to Screening and Diagnostic Testing OfficesHealth Law Blog | July 2017

Senate Republican Obamacare Replacement Bill Lacks SupportHealth Law Blog | July 2017

Legislative Update - June 2017Health Law Blog | June 2017

Supreme Court Rules in Favor of Arbitration Agreements for Nursing HomesHealth Law Blog | June 2017

Legislative UpdateHealth Law Blog | May 2017

House Passes Legislation to Repeal and Replace Affordable Care ActHealth Law Blog | May 2017

Governor Christie Calls on Horizon to Establish a Fund in NJ to Help Combat the Opioid EpidemicHealth Law Blog | March 2017

HHS Finds That Fraud and Abuse Laws Impeded Gainsharing Arrangements, But Offers No SolutionHealth Law Blog | March 2017

President Trump Continues to Advance Regulatory Reform AgendaHealth Law Blog | March 2017

Legislative UpdateHealth Law Blog | February 2017

Final Rule on 340B Program Sets Price Ceilings for Covered Drugs and Subjects Drug Companies to Fines for OverchargesHealth Law Blog | February 2017

Congress Fast-Tracks Partial “Repeal” of the Affordable Care ActHealth Law Blog | February 2017

Legislative UpdateHealth Law Blog | January 2017

Medicare Payments and the Two-Midnight RuleHealth Law Blog | January 2017

OIG Increases “Nominal Value” Gift Amounts for Medicare & Medicaid BeneficiariesHealth Law Blog | January 2017

Legislative Update - December 2016Health Law Blog | December 2016

CMS Releases Hospital and ASC Prospective Payment Changes for 2017Health Law Blog | December 2016

Legislative UpdateHealth Law Blog | November 2016

OIG Report: 82% of 2013 Chiropractic Medicare Payments ImproperHealth Law Blog | November 2016

Legislative Update - October 2016Health Law Blog | October 2016

New Jersey DHS Overpays $2.4 Million in EHR IncentivesHealth Law Blog | October 2016

OCR Publishes Additional Materials to Assist with New Nondiscrimination RuleHealth Law Blog | October 2016

Legislative UpdateHealth Law Blog | September 2016

NJ Hosts National Opioid Initiative at St. Barnabas Medical CenterHealth Law Blog | September 2016

CMS Rule Expands the Use of Medicare Data by Qualified EntitiesHealth Law Blog | August 2016

Senate Finance Committee Suggests Changes to Stark Law to Encourage Innovative Payment ModelsHealth Law Blog | August 2016

OIG Report: Vulnerabilities Despite CMS’s Efforts to Improve Oversight of Provider-Based FacilitiesHealth Law Blog | July 2016

Legislative UpdateHealth Law Blog | June 2016

CMS Issues Final Rule Updating Fire Safety StandardsHealth Law Blog | June 2016

Proposed NJ LegislationHealth Law Blog | May 2016

CMS Issues Proposed Rule for IPPS, Medicare DSH, and Hospital IQR ProgramHealth Law Blog | May 2016

Hospital Initiated Opioid Reform in Emergency Rooms Starts in New JerseyHealth Law Blog | April 2016

Christie Proposes Freeze On Property Tax Rates for HospitalsHealth Law Blog | April 2016

Proposed Legislation Permits Restructuring Between Surgical Practices and Ambulatory Care FacilitiesHealth Law Blog | March 2016

Horizon Omnia Plan Gains Controversial SpotlightHealth Law Blog | March 2016

Proposed Legislation - February 2016Health Law Blog | February 2016

Legislative Update: January 2016Health Law Blog | January 2016

DOBI Denies Tier 2 Hospitals’ Appeal of DOBI’s OMNIA Plan ApprovalHealth Law Blog | December 2015

Other Pending BillsHealth Law Blog | December 2015

OIG Issues Alert on the Electronic Health Records Safe HarborHealth Law Blog | November 2015

Nine NJ Hospitals Sue DHHS Over Charity Program ExclusionHealth Law Blog | November 2015

Legislative Update: November 2015Health Law Blog | November 2015

Third Circuit Rules in Favor of Provider Right to Sue Insurer under ERISAHealth Law Blog | October 2015

OIG Advisory Opinion: Health System/Hospital Management Services Arrangement PermittedHealth Law Blog | September 2015

Federal District Court Enforces Strict Standard for 60-Day Overpayment RuleHealth Law Blog | September 2015

Morristown Medical Center Campus No Longer Tax-ExemptHealth Law Blog | August 2015

Legislative Update: August 2015Health Law Blog | August 2015

MedPac ReportHealth Law Blog | July 2015

Proposed Bill to Reduce ASC Assessment FeeHealth Law Blog | July 2015

Legislative Update: July 2015Health Law Blog | July 2015

PHYSICIANS BEWARE: OIG Fraud Alert Puts Doctors on Notice Regarding Pitfalls of Medical Directorship and Other Payment ArrangementsHealth Law Blog | June 10, 2015

Bill Introduced to Limit Payment for Out-of-Network Medical ServicesHealth Law Blog | June 2015

Legislative Update: June 2015Health Law Blog | June 2015

NJ One-Room Surgical Center Sues CignaHealth Law Blog | May 21, 2013

Proposed Rules for Health Insurance Exchange NavigatorsHealth Law Blog | May 3, 2013

Special Fraud AlertHealth Law Blog | April 3, 2013

Department of Insurance Standard Pre-Authorization Request FormHealth Law Blog | March 26, 2013

Proposed Rule to Promote Program EfficiencyHealth Law Blog | March 4, 2013

New Jersey All-Payer Claims DatabaseHealth Law Blog | February 20, 2013

Christie Denies State-Run Insurance ExchangeHealth Law Blog | January 18, 2013

Out-of-Network Reimbursement Suit for $120 MillionHealth Law Blog | January 16, 2013

Governor Signs Prescription Medication Disposal LawHealth Law Blog | December 19, 2012

Proposed Health Insurance Market RulesHealth Law Blog | December 3, 2012

Disclosure Under Fraud and Abuse LawsHealth Law Blog | November 8, 2012

Balance Billing of Workers Compensation Claims TargetedHealth Law Blog | October 24, 2012

State Health Insurance Exchange BlueprintHealth Law Blog | September 10, 2012

Public-Private Partnership to Prevent Health Care FraudHealth Law Blog | August 1, 2012

Health Care Disclosure and Transparency Act Appears MurkyHealth Law Blog | June 26, 2012

Moratorium on Adult Day Health Services ExtendedHealth Law Blog | May 25, 2012

Urgent Update Concerning One-Roon ASCsHealth Law Blog | April 17, 2012

Department of Banking and Insurance Proposes Managed Care RegulationsHealth Law Blog | March 23, 2012

NJ Appellate Division Refuses to Enforce Confidentiality Clause in Malpractice SettlementHealth Law Blog | February 28, 2012

Proposed Legislation Providing Credit Against ACF Assessment For Value of Uncompensated Care Referred Out of Assembly Appropriations CommitteeHealth Law Blog | January 30, 2012