David Didier Johnson, Counsel San Francisco
davidjohnson@crowell.com
Phone: +1 415.986.2800
275 Battery Street, 23rd Floor
San Francisco, CA 94111-3305

David Didier Johnson is a counsel in the Health Care Group in Crowell & Moring's San Francisco office. David represents health plans and health care providers in litigation, regulatory and transactional matters. David is a member of the California State Bar Health Law Committee and serves as co-chair of its Legislation Sub-Committee. 

Before joining Crowell & Moring, David was a trial lawyer, focusing on health care and commercial litigation, including class actions and mass torts, primarily at a leading AmLaw 100 firm in Los Angeles. Prior to becoming an attorney, David was a Certified Public Accountant, focusing on financial statement audits, financial analysis, and insurance accounting.

David's representative matters include:

  • Representing 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.
  • Defending and settling a 32,000-member class action against Kaiser Foundation Health Plan and its medical groups regarding coverage of behavioral therapies for autism.   
  • Representing the California Association of Health Plans (CAHP) on appeals before the Ninth Circuit and California Court of Appeals on mental health coverage issues.
  • Defending and settling False Claims Act and individual tort suits against Tenet Hospital Corporation and its hospital subsidiary involving over 1,000 claims of unnecessary cardiac procedures. 
  • Representing 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 challenging 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.
  • Representing 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.
  • Assisting health plans in developing ACOs and managed behavioral health organization (MBHO) carve-outs and on other transactional matters. 
  • Winning a $3.8 million judgment at trial for an international business on contract and business tort claims.
  • Winning summary judgment for Chevron in the Beverly Hills High School mass tort suit on claims of cancer caused by exposure to benzene.   

David regularly writes on health law and litigation matters, including contributing a chapter to the American Bar Association treatise, Managed Care Litigation, and articles in 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, and others. He is also a frequent speaker at conferences around the country on health law, commercial litigation, and Internet law issues. Click here for a listing of David's recent speeches and publications.

David has received numerous awards, including the Order of the Coif and the American Bankruptcy Institute's Medal of Excellence. David also received a Certificate of Appreciation from the City Council of Arlington, Texas for leading a community anti-drug campaign. He is a member of the Health Law Committee of the State Bar of California, the California Society for Healthcare Attorneys, the American Bar Association, and the Association of Business Trial Lawyers.



Affiliations

Admitted to practice: California, U.S. Supreme Court, U.S. Court of Appeals for the Third Circuit, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court, Central District of California, U.S. District Court, Northern District of California



Highlights, News & Knowledge


Speeches & Presentations

  • "The New Anti-Discrimination Era in Health Coverage: How HHS and the Courts Are Enforcing ACA Section 1557," Blue Cross Blue Shield 2016 National Summit, Orlando, FL (May 16, 2016). Presenter: David Didier Johnson.
  • "The New World of Anti-Discrimination Law for Health Providers and Plans," California Society of Healthcare Attorneys Annual Meeting, Monterey, CA (April 8, 2016). Presenters: David Didier Johnson and Marisa E. Adelson.
  • "The New Era of Discrimination Law for Health," AHLA's Institute for Health Plan Counsel, Chicago, IL (October 26, 2015). Presenter: David Didier Johnson.
  • "Myers v. State Board of Equalization: Will California’s Health Care Service Plans Have to Pay Premium Taxes," California Association of Health Plans, LRA Meeting, Palm Desert, CA (October 2015). Presenter: David Didier Johnson.
  • "ACA Ushers In a New Era of Discrimination Law in Health Care Coverage," 2015 Blue National Summit, Phoenix, AZ (April 2015). Presenter: David Didier Johnson.
  • "New Provider and Enrollee Anti-discrimination Requirements Under the ACA and the Mental Health Parity Act," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Los Angeles, CA (May 13, 2014). Presenters: William A. Helvestine and David Didier Johnson.
  • "Mental Health Coverage in 2014: Federal and State Mental Health Mandates after the MHPAEA," California Society of Healthcare Attorneys, 2014 CSHA Annual Meeting & Spring Seminar, Olympic Valley, CA (April 11, 2014). Presenter: David Didier Johnson.
  • "The New Federal Behavioral Health Mandates: Understanding the Rules and Unresolved Issues and Developing Strategies to Respond," Blue Cross and Blue Shield Association’s 47th Annual Lawyers’ Conference, Phoenix, AZ (October 2013). Presenter: David Didier Johnson.
  • "Navigating the Legal Landscape: Mental Health Parity, the Affordable Care Act, and California Law," California Association of Health Plans, 2013 Seminar Series, San Francisco, CA (June 2013). Presenter: David Didier Johnson.
  • "The Rapidly Changing Face of Behavioral Health Coverage," California Society of Healthcare Attorneys, 2013 Annual Meeting & Spring Seminar, Newport Beach, CA (April 2013). Presenter: David Didier Johnson.
  • "The Rapidly Changing Landscape for Behavioral Health Coverage: The Autism Services Mandate Controversies and Beyond," Blue Plan Legal Cooperative, 2012 National Teleconference Series (November 2012). Presenter: David Didier Johnson.
  • "The Rapidly Changing Landscape for Behavioral Health Coverage: The Autism Services Mandate Controversies and Beyond," 2012 Blue National Summit, Orlando, FL (September 2012). Presenter: David Didier Johnson.
  • "Managing Compliance Risks in Vendor Contracts," Association of Health Insurance Plans, Fall Forum 2011, Chicago, Illinois (November 2011). Presenter: David D. Johnson.
  • "Legal Issues Regarding Provider Ranking Sites," HealthLaw2.0, San Francisco, California (August 2011). Presenter: David D. Johnson.
  • "Corporate Personhood: The First Amendment Rights of Corporations in the Wake of Citizens United," The University of San Francisco School of Law Symposium, "Democracy, Inc? Citizens United, Corporate Expenditures & the Future of Campaign Finance Law," San Francisco (February 2011). Presenter: David D. Johnson.
  • "Targeted Internet Marketing and Privacy Rights in a Digital World," Beverly Hills Bar Association, Los Angeles (June 24, 2010). Presenter: David D. Johnson.
  • "Global Perspective: New Rules for P2P," Distributed Computing Industry Association's Third Annual Conference: P2P MEDIA SUMMIT, Las Vegas (January 6, 2010). Presenter: David D. Johnson.
  • "Collection Strategies When a Customer is Approaching Bankruptcy," California Society of CPAs, LA/Hollywood Discussion Group, Los Angeles (November 2009). Presenter: David D. Johnson.
  • "How to Evaluate the Legal Liability of Digital Media Companies," JMBM's Corporate Counsel Roundtable, Los Angeles (September 2009). Presenter: David D. Johnson.
  • "The Stadish Case: Exploding an Expert's Exaggerations," Environmental and Toxic Tort (February 2003). Presenter: David D. Johnson.
  • "The Effects of Senate Bill 688 on the Windows for Filing and Responding to a Summary Judgment Motion," Latham & Watkins Litigation Department Meeting, Los Angeles (September 2002). Presenter: David D. Johnson.


Publications

  • "HHS Announces Final Rule for Section 1557 – The ACA's Broad Anti-Discrimination Rule," Crowell & Moring's Health Law Blog (May 18, 2016). Author: David Didier Johnson.
  • "Do HHS' Proposed ACA Section 1557 Anti-Discrimination Rules for Health Insurers Constitute Regulatory Overreach?," BNA's Health Law Reporter, 24 HLR 1601 (December 10, 2015). Author: David Didier Johnson.
  • "Anti-Discrimination Law Comes to Health Benefit Design: Is HHS Getting the Rules Right?," AHLA Connections (November 2015). Author: David Didier Johnson.
  • "Developments in California Health Care Law in 2014 The State Bar of California Business Law News, Annual Review (2015). Co-Author: David Didier Johnson.
  • "Calif. Blue Cross and Blue Shield May Pay Insurance Taxes," Law360 (October 21, 2015). Authors: William Helvestine and David Didier Johnson.
  • "After the Mandates: Does Mental Health Care Law Need to Refocus on the Seriously Mentally Ill?," Ch. 7, Health Law Handbook, Thomson Reuters, Vol. 27, No. 1 (2015). Author: David Didier Johnson.
  • "In the Absence of Agreement: California Courts Define Pricing for Non-contracted Medical Services," The State Bar of California's Business Law News, Issue 2 (2015). Author: David Didier Johnson.
  • "CMS Proposed Rule Implements Mental-Health Parity Requirements for Medicaid Managed Care and CHIP Plans," Crowell & Moring's Health Law Blog (May 1, 2015). Authors: Joel D. Wood, David Didier Johnson, Chris Cadena, and Joe Records.
  • "Federal Health Programs and Managed Care Litigation chapter in Managed Care Litigation, 2nd ed., David Humiston, ed., American Bar Association, Health Law Section (2014). Co-Authors: David Didier Johnson, Andrew J. Hefty, A. Xavier Baker, and Marisa E. Adelson.
  • "California Health Care Legislation and Litigation in 2013: Another Year of Major Reform The State Bar of California Business Law News, Annual Review, 24-29 (2014). Co-Author: David Didier Johnson.
  • "Doubling Down on Coverage: The Mental Health Parity and Addiction Equity Act (MHPAEA) in Light of the Final Rules BNA Insights: Health Law Resource Center (December 5, 2013). Co-Authors: David Didier Johnson and Joel D. Wood.
  • "Federal Health Programs and Managed Care Litigation chapter in Managed Care Litigation, 2nd ed., David Humiston, ed., American Bar Association, Health Law Section (2013). Co-Authors: David Didier Johnson and Andrew J. Hefty.
  • "The EHB Habilitative Services Mandate: How the States Are Doing on Converting an Exclusion into a Category of Covered Services BNA Health Care Policy Report (August 5, 2013). Author: David Didier Johnson.
  • "Federal Health Programs and Managed Care Litigation Managed Care Litigation, 2012 Cumulative Supplement, David Humiston, ed., American Bar Association, Health Law Section (2012). Co-Authors: Arthur N. Lerner, Andrew J. Hefty, and David Didier Johnson.
  • "Prudent Strategies in Dealing with Internet Sites Publishing Patient Ratings of Providers California Health Law News, Vol. XXX, Issue 1, pp. 20-28 (Winter 2012). Author: David D. Johnson.
  • "Recent HHS Regulations Provide Ammunition Against State Moratoria on Medicaid Provider Enrollment BNA Healthcare Policy Report, Vol. 20, No. 5, pp. 190-93 (January 30, 2012). Author: David D. Johnson.
  • "Talking Point: ACTA — Industry Views 24 World Trademark Review (April/May 2010). Author: David D. Johnson.
  • "Do California's Laws on Commercial Fundraising Violate the First Amendment? 10 U.C. Davis Business Law Journal 53 (Fall 2009). Author: David D. Johnson.
  • "Cloud Cover Los Angeles Daily Journal (August 19, 2009). Author: David D. Johnson.
  • "Courts Split Over Exception to Communications Decency Act Los Angeles Daily Journal (July 7, 2009). Author: David D. Johnson.
  • "Digital Media Immunity Statutes Don't Cover the Author of an Internet Post JMBM Tax Newsletter (Summer 2009). Author: David D. Johnson.
  • "When it's too late: How to Minimize Losses When Your U.S. Customer Files for Bankruptcy 3 A\Plus Hong Kong Society of CPAs Journal 5:51 (April 2009). Author: David D. Johnson.
  • "Mass Torts Against Healthcare Enterprises: Strategies for Dealing with a Tsunami 10 Health Law Perspectives 1:1 (March 2008). Author: David D. Johnson.
  • "Logging Rights 29 Los Angeles Lawyer 1:31-35 (March 2006). Author: David D. Johnson.


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May.25.2011 Crowell & Moring Adds Seven-Lawyer Health Care Litigation Team on West Coast
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