Bar & Court Admissions
- New Jersey
- New York
- Seton Hall University, School of Law
- Bucknell University
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.
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.
- "Questions Swirl Around New Jersey’s Out-Of-Network Health Law," BloombergLaw.com (quoted in), June 10, 2018
- "Vanguard Series, Leaders in Health Care," NJBIZ, May 16, 2018
- "People are dying after procedures in New Jersey surgery centers and it’s not always made public," The Record (northjersey.com), (quoted in), March 15, 2018
- "Mostly Positive views on Three-Company Health Care Consortium," NJBIZ (quoted in), January 31, 2018
- "Surgery Center Group Applauds New Regulation," ROI-NJ (quoted in), January 15, 2018
- "Maintaining Independence Through Hospital and Health System Alignment," EndoEconomics (quoted in) (Spring/Summer 2017)
- "Experts Weigh in on Future of ACA in New Jersey," NJBIZ (quoted in) (September 19, 2016)
- "Update: N.J. Supreme Court Backs Cooper in Camden EMS Battle," NJBIZ (quoted in) (January 12, 2015)
- "Lawmakers Worry Horizon Plan Could Hurt NJ Hospitals," Law360 (quoted in) (September 28, 2015)
- "Horizon Handles Criticism of OMNIA," NJBIZ (quoted in) (September 21, 2015)
- "Pondering Life After O'Dowd," NJBIZ (quoted in) (June 29, 2015)
- “N.J. Health Care Community Reacts to Obamacare Ruling,” NJBIZ (quoted in) (June 25, 2015)
- "State Legislators Tackle Persistent Problem of Unexpected Medical Bills" NJ Spotlight (quoted in ) (May 15, 2015)
- “Shulkin, Morristown Medical Center President, is Picked for VA Post,” NJBIZ (quoted in) (March 19, 2015)
- “Health Care Predictions for 2015,” NJBIZ (quoted in) ( January 5, 2015)
- “Valley and Mount Sinai Health Systems Team Up For ‘Academic Affiliation’,” NJBIZ (quoted in ) (December 19, 2014)
- “Price Your Physician Buy-Ins With Care,” Outpatient Surgery Magazine, Legal Update (December 2014)
- “Proposals Emerge for Easing Pain of ‘Sticker Shock’ From Out-Of-Network Costs,” NJ Spotlight (quoted in ) (November 26, 2014)
- “Update: Two N.J. Health Care Systems Announce Merger,” NJBIZ (quoted in ) (September 25, 2014)
- “Doctors Responding to Health Care Changes by Merging Practices, but there are risks to that, too,” NJBIZ (quoted in ) (September 17, 2014)
"Business Trends in Orthopaedics and New Jersey Regulatory Update," New Jersey Orthopaedic Society’s 43rd Annual Symposium, April 14, 2018
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 named a Leader in Health Care by NJBIZ as part of its new Vanguard Series. Manigan is one of 40 individuals described as “innovators, disruptors, and visionaries in New Jersey’s medical industry.” Mark was also recognized as a New Jersey Super Lawyer in 2017 and 2018.
Also in 2017, Mark was named to New Jersey Governor Phil Murphy's Transition Team, serving as a member of the healthcare transition subcommittee.