• Daniel B. Higgins

    Partner
    Healthcare
    dhiggins@manatt.com
    Download Contact (.vcf)

    San Francisco
    Direct: 415.291.7437
    General: 415.291.7400
    Fax: 415.291.7474

    Education

    Santa Clara University School of Law, J.D., magna cum laude, 1977
    Editor, Santa Clara Law Review, 1977

     

    Stanford University, B.A., philosophy, with distinction, 1973

    Bar Admissions
    California
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Mr. Higgins' practice combines large-scale corporate, M&A and finance transactions, with a rich component of medical sector regulatory and compliance expertise. Known for his practical and direct style, clients often turn to him for strategic consulting advice, which he combines with the technical legal elements. Mr. Higgins has a wealth of experience representing health systems, health plans, ambulatory and specialty providers, physician groups and integrated entities. He has completed significant healthcare merger, acquisition, divestiture and reorganization transactions, as well as scores of physician integration initiatives throughout the country.

    Prior to joining Manatt, Mr. Higgins was co-chair of the health practice group for an international law firm.

    Mr. Higgins is the published author of numerous articles on corporate, finance and healthcare issues, and a frequent speaker at professional programs and board retreats around the country.

    Representative Matters

    Regulatory Compliance and Internal Investigations

    Coordinated large-scale reviews of healthcare regulatory compliance issues related to referred-source business and financial relationships.

    Conducted internal investigations regarding corporate and legal compliance issues, and managed corrective action implementation projects.

    Counseled clients in commercial and white collar litigation.

    Mergers & Acquisitions

    Represented buyers and sellers as lead counsel in 40+ large-scale healthcare merger, acquisition and divestiture transactions, including multi-party acquisitions in bankruptcy.

    Represented a prominent New York private equity firm in the first acquisition and conversion of a nonprofit health system—at the time, the largest community hospital system in Massachusetts.

    Created the first California hospital system funded by private equity.

    Implemented the first public-to-private district hospital conversion in California.

    Physician Integrated Systems

    Planned and negotiated multiple physician integration transactions.

    Designed the corporate and governance structures for physician-integrated healthcare systems in California, Colorado, Missouri, Nevada, and Texas.

    Represented physician organization in multiple sale transactions.

    Corporate Organization & Governance

    Headed the legal team for a 3-state hospital system reorganization involving the consolidation of over 25 corporations.

    Originated the corporate structure of the largest nonprofit health system in the Western U.S.

    Designed and implemented the organizational structure for converting a major Catholic health system to a mixed Catholic and secular system.

    Advised multi-hospital systems throughout the U.S. on organizational structure.

    Finance

    Represented hospital and health system borrowers in approximately 100 public and private finance transactions exceeding $17 billion, including bond transactions, bank loans, letters of credit, liquidity facilities and swap transactions.

    Represented hospital and health system clients in default avoidance, covenant amendments, pre-bankruptcy negotiations and workouts.

    Regulatory Matters

    Provided legal advice on complex regulatory issues regarding healthcare anti-fraud, antitrust and managed care.

    Drafted legislation and advised on legislative process.

    Represented clients before the Department of Justice, Federal Trade Commission, Internal Revenue Service, CMS, the Departments of Health of multiple states and other regulatory and enforcement agencies.

    Honors & Awards

    “Top Healthcare Attorneys in the U.S.”, Chambers USA, 2014

    Named in Best Lawyers in America, 1991-2014.

    Publications

    Co-Author, “Participating Bond Transactions:  Will ‘PBTs’ Be The Silver Bullet for Joint Venture Legal Risks?,” BNA’s Health Law Reporter, 2003 (with G. Westendorf, Esq.).

    Author, “What Providers Need To Know About The New OIG Guidelines On Pharmaceutical Marketing,” The ABA Health Law Section, December 2002.

    Co-Author, “OIG to Pharmaceutical Companies:  Nearly All Marketing Incentives Suspect; Between the Lines, a Caution to Doctors, Hospitals and GPOs,” BNA’s Health Law Reporter, October 2002 (with S. Golze, Esq.).

    Co-Author, “Practical Applications of Stark II to Hospital Operations,” Healthcare Financial Management Magazine, December 1993 (with M. Hayes, Esq.).

    Co-Author, “Vana v. Vista:  A California Court Rules on Below-Market Physician-Hospital Leases,” California Health Law News, Winter 1993 (with H. House, Esq.).

    Author, “IRS and OIG on Integrated Delivery:  New Rules or Just Talk?” BNA Health Law Reporter, 1993.

    Author, “Sorting Out Provider-Payor Contracting Issues in Health Care Antitrust Law,” ABA Antitrust Magazine, Spring 1992.

    Author, “Rockford Will Not End Hospital Mergers,” Hospitals, 1991.

    Co-Author, “The Prospects for Compulsory Health Insurance in the 1990s,” Contra Costa Update, 1990 (with C. Reid, Esq.).

    Author, “Merger and Affiliation of Catholic Health Systems” and “Merger and Affiliation of Health Systems,” (unpublished; used for marketing purposes).

    Author, “Merger and Autonomy:  Reaping the Benefits of Both,” 68 Health Progress 1, 1987 “Mega-Mergers,” 29 Healthcare Forum 3, 1986.

    Co-Author, “Joint Ventures in Health Care:  More than a Sideline Business,” Healthcare Financial Management Magazine, 1986 (with K. Kaufman and M. Hall).

    Co-Author, “Joint Ventures Revisited:  We’re All in This Together,” Healthcare Financial Management Magazine, 1986 (with K. Kaufman and M. Hall).

    Co-Author, “Joint Ventures in Health Care:  What To Do Before You Do the Deal,” Healthcare Financial Management Magazine, 1986 (with K. Kauftnan and M. Hall).

    Author, “Is a Limited Partnership a ‘Security?’  The Current State of the California and Federal Definitions Add a Legal Dimension to Economic Speculation,” 16 Santa Clara Law Review 311, 1976.

    Memberships & Activities

    Admitted to practice in the state of California.

    Adjunct Professor, University of California Berkeley, School of Law, healthcare law and policy.

    Former Chairman of the Board of Directors, Interplast, an international medical charity for children, board: 2000-present, chair: 2006-present.

    Former member, Editorial Board, BNA Health Law Reporter.

    Former member, Board of Directors, American Heart Association, San Francisco, 2005-2008.

    Former member, Board of Directors, American Health Lawyers Association, 1998-2002.

    Speaking Engagements

    Speaker, “Healthcare Merger & Acquisition Activity,” The Healthcare Roundtable General Counsel meeting, La Jolla, CA, March 2012.

    Speaker, “Sustaining the Organization in Challenging Times,” American Health Lawyers Association, 2009 Annual Meeting.

    Speaker, “Tax-Exempt Healthcare Providers Under Siege,” California Health Facilities Financing Authority, 2006 Annual Program  Berkeley, January 2006.

    Speaker, “Physicians as Hospital Owners/Operators,” California Society for Healthcare Attorneys, 2005 Fall Seminar, Los Angeles, November, 2005.

    Speaker, “Hospital Mergers, Virtual Mergers & Consolidations,” The Governance Institute, Leadership Conference for Physicians, Trustees & Executives, San Francisco, September, 1998.

    Panelist, “Mergers, Virtual Mergers and Consolidations; Hot Business and Transactional Issues,” American Health Lawyers Association, Annual Meeting, San Diego, June, 1998.

    Speaker, “Practice Valuation and Physician Compensation:  Overpayment Myth and Reality,” American Health Lawyers Association, Nashville, April 1998.

    Speaker, “Non Profit and For-Profit Affiliations:  Conversion/Acquisition/Joint Ventures,” American Bar Association, Healthcare Mergers and Acquisitions, New Orleans, October 1997.

    Panelist, “Hospital Mergers, Virtual Mergers & Consolidation:  Hot Business, Transactional and Antitrust Issues,” American Academy of Healthcare Attorneys - Annual Conference, Toronto, June, 1997.

    Speaker, “Demystifying New Types & Structures of PPM Frameworks,” Consolidating, Regulating & Supervising The Physician Practice Management Sector, San Francisco, June 1997.

    Program Chair, Consolidating, Regulating & Supervising The Physician Practice Management Sector, New York, May 1997.

    Program Chair, “Key Deal Points and Organization,” American Academy of Healthcare Attorneys - Mergers and Acquisitions in Healthcare, Chicago, IL, November 1996.

    Program Co-Chair, “Demystifying the Framework of PPM’s:  Understanding the History, Types & Structures,” Management Circle - Consolidating & Managing The Physician Practice Management Industry, San Francisco, CA, September 1996.

    Speaker, “Critical Analysis of Appraisals:  Reviewing Valuation Reports for the Purchase of a Physician’s Practice,” American Academy of Healthcare Attorneys - Exploring New Territory:  Financial and Operational Challenges of IDS, Tempe, Arizona, February 1996.

    Panelist, “The Formation of Integrated Delivery Systems,” American Academy of Healthcare Attorneys Twenty Eighth Annual Meeting, Boston, June 1995.

    Moderator, “Negotiating Hospital-Physician Integration - Troubleshooting and Views from the Trenches,” American Academy of Hospital Attorneys Eleventh Annual Tax Institute, two discussions regarding integrated delivery systems, Hilton Head, SC, April 1995.

    Panel Chair, “Tax Aspects of Physician Practice Acquisitions,” American Academy of Hospital Attorneys, February 1995.

    Program Chair & Co-Presenter, “Allocating and Managing Debt in a Multi-Institutional System,” American Academy of Hospital Attorneys Sixth Annual Health Care Finance Institute, New York, October 1994.

    Speaker, “Mergers,” American Academy of Hospital Attorneys Annual Meeting, San Francisco, June, 1994.

    Speaker, “Building the Provider Network from Conception to Application - Workshop on Legal Issues,” Center for Health Services Management Research, University of La Verne (California) conference, Rancho Mirage, March 1994.

    Speaker, “The Accountable Health Plan - Whose Domain?” American Academy of Hospital Attorneys, Legal Issues and Planning Strategies for Hospital/Physician Relationships, Phoenix, February 1994.

    Speaker, “How to Structure and Capitalize Practice Acquisitions, MSOs, PHOs, and Joint Ventures between Hospitals, Healthcare Systems and Behavioral Group Practices,” The National Dialogue Conference on Mental Health Benefits and Practice in the Era of Managed Care, San Francisco, September 1993.

    Speaker, “Tax Exempt Financing Strategies,” American Academy of Hospital Attorneys, 26th Annual Meeting, Washington, D.C., July 1993.

    Speaker, “Documenting Community Need,” American Academy of Hospital Attorneys, Legal Issues and Planning Strategies for Hospital/Physician Relationships, St. Petersburg, Florida, February 1993.

    Speaker, “Catholic and Non-Catholic Hospital Affiliation Forms,” Association of Catholic Health System In-House Counsel, San Francisco, 1991.

    Speaker, “Master Indentures, Obligated Groups and Other Financing Approaches of Multi-Hospital Systems,” Healthcare Financial Management Association, Third Annual Healthcare Finance Institute, San Francisco, 1991.

    Panelist, “Healthcare in the ‘90s and Current Economic and Regulatory Issues,” HealthWeek/Andersen Consulting Seminar, Antitrust issues Panel (with representatives from the Federal Trade Commission and the Department of Justice), Chicago, 1991.

    Speaker, “Hospitals and Physicians Under the New Safe Harbor and Stark Rules,” Joint Presentation with Arthur Andersen & Co., San Francisco, 1991.

    Speaker, “Antitrust Update,” National Health Lawyers Association, Health Law Update and Annual Meeting, Chicago, 1991.

    Speaker, “Trends in Antitrust Healthcare,” American Bar Association, Forum on Healthcare Law, Concurrent Workshop on Mergers, Washington, D.C. 1990.

    Speaker, “Effect of Medicare Safe Harbor Rules and Stark Bill on Hospital-Physician Business Enterprises,” Association of Catholic Health System In-House Counsel, Costa Mesa, 1989.

    Panelist, “Diversification in Health Care,” Program on Health System Merger, Los Angeles, 1987.

    Speaker, “Joint Venture and Affiliation Strategy,” Hospital Financial Management Association, Ohio Chapter, 1986.

    Speaker, “Joint Ventures,” Southern California Hospital Planning and Marketing Association, Los Angeles, 1984.

    Multiple speaking engagements regarding Medicare and Medi-Cal payment, data processing and administrative law issues for the Hospital Financial Management Association, Northern California Chapter, 1981-1988.

    Hospital and health system board retreats, multiple presentations, 1982-present.