
Overview
Mark has been advising regional and national health care clients on complex business issues for more than 25 years. He works primarily with large integrated delivery systems, hospitals and multihospital health systems, and multispecialty group practices.
He frequently handles matters involving regulatory compliance, including anti-kickback and “Stark” law issues, health information exchange, and health record interoperability, privacy and security issues. He has worked closely with large multispecialty physician practices in formulating and implementing physician compensation plans.
Mark has extensive experience advising on business transactions between and among providers and practitioners, corporate governance issues, certificate of public need requests and appeals, and physician credentialing, medical staff relations and physician disciplinary matters.
Experience
- Advised health system clients regarding joint venture transactions, affiliation/acquisition transactions and physician practice acquisitions.
- Advised hospital and health system clients on physician compensation, recruitment and/or employment arrangements.
- Advised clients on internal and external investigations of fraud and abuse matters and self-disclosure filings with the CMS Office of Inspector General, local US Attorneys’ Offices and other government agencies.
- Advised clients on the requirements of the HIPAA Privacy and Security Rules, business associate agreements, HITECH Act breach notification obligations, electronic health records, health information exchange, and related matters.
- Advised hospital clients on various certificate of public need matters involving prosecution of or opposition to applications for new hospitals, bed and operating room additions, equipment and/or service additions, and related court appeals.
- Represented major academic medical center in a significant restructuring.
- Represented hospital defendant in a significant qui tam lawsuit brought under the federal false claims act.
- Represented a nonprofit hospital in an unwind of a whole hospital joint venture with a major for-profit hospital chain.
Accolades
Honors & Recognitions
- Selected as a Best Lawyer for Health Care Law, The Best Lawyers in America, 2007-2024
- Selected as Lawyer of the Year for Healthcare Law, Virginia, The Best Lawyers in America, 2019
Affiliations
Professional
- Member, Health Law Section Council, Virginia Bar Association; Former Chair, Health Law Section (2007-2008) Virginia Bar Association
- Member, American Bar Association
- Member, American Health Lawyers Association
- Elder, River Road Presbyterian Church; Member of The Session (2007-2012, 2021); Chair, Worship and Music Ministry (2009, 2021); Chair, Nominating Committee and Leadership Development Ministry (2011-2012)
- Past Director, Westminster-Canterbury Management Corporation (2013-2016); Member, Audit Committee (2013-2016); Chair, Corporate Compliance Committee (2015-2016); Member, Executive/Nominating Committee (2015-2016); Member, Health Services Committee (2013-2014).
- Past Director, Children’s Home Society of Virginia
Insights
Legal Updates
- 6 Minute ReadJune 8, 2023Legal Update
- 7 Minute ReadJanuary 20, 2021Legal Update
- 7 Minute ReadMarch 25, 2020Legal Update
- May 14, 2019Legal Update
- June 22, 2016Legal Update
- September 23, 2013Legal Update
- April 25, 2013Legal Update
- April 19, 2013Legal Update
- January 25, 2013Legal Update
- June 28, 2012Legal Update
- April 4, 2011Legal Update
Events & Speaking Engagements
- October 25, 2018EventSpeakerBlockchain Technology and Implications for Healthcare, Virginia Bar Association’s Fourteenth Annual Virginia Healthcare Practitioners’ Roundtable
- October 27, 2016EventSpeakerStark Law Update, Virginia Bar Association’s Twelfth Annual Virginia Healthcare Practitioners' Roundtable
- September 28-29, 2016EventSpeakerPhysician Compensation Compliance Basics, Gallagher Integrated Healthcare Strategies Physician Compensation Leadership Forum
- October 29, 2015EventSpeakerPhysician Compensation Issues, Virginia Bar Association’s Eleventh Annual Virginia Healthcare Practitioners' Roundtable
- May 29, 2012EventThe Patient Protection and Affordable Care Act: Status of Constitutional Challenges, Atlanta Bar Association Employee Benefits & Executive Compensation Committee
- March 27, 2012Event
- November 4, 2011EventPanelistVirginia Bar Association’s Seventh Annual Virginia Health Care Practitioners' Roundtable: Health Reform in Virginia in 2011 and Beyond
- November 4, 2011Event
- May 5, 2011EventPresenterAIS Seminar: New ACO Regulations: Discover the Opportunities and Pitfalls Ahead
- April 13, 2011EventModeratorABA Health Law Section Webinar and Teleconference: The New ACO Regulations: A First Look
- January 21, 2011EventSpeakerUnderstanding the Patient Protection and Affordable Care Act Part I: Impact of Federal Health Care Reform on U.S. Government Agencies and Programs, 121st Virginia Bar Association Annual Meeting, Williamsburg, Virginia
- January 5, 2011EventSpeakerThe Politics of Reform: ACA Implementation in the 112th Congress, The Advisory Board Company, Webinar
- November 5, 2010EventSpeakerAccountable Care Organizations Under the Patient Protection and Affordable Care Act: 6th Annual Virginia Health Care Practitioners' Roundtable, The Virginia Bar Association, Richmond, Virginia
- September 29, 2010EventSpeakerWMACCA, Unraveling the Health Care Reform Act (Accountable Care and the Center for Medicare & Medicaid Innovation: Transforming Health Care Delivery in America)
- November 9, 2009EventSpeakerVirginia Bar Association Fifth Annual Health Care Practitioners' Roundtable (Health Information Technology Update; Health Reform 2009: Roundtable and Faculty Discussion)
Publications
- 11 Minute ReadApril 15, 2021Publication
- 9 Minute ReadFebruary 3, 2021Publication
- 11 Minute ReadFebruary 1, 2021Publication
- 9 Minute ReadJanuary 19, 2021Publication
- 9 Minute ReadJanuary 5, 2021Publication
- 7 Minute ReadDecember 22, 2020Publication
- 7 Minute ReadDecember 15, 2020Publication
- 8 Minute ReadDecember 8, 2020Publication
- 7 Minute ReadNovember 24, 2020Publication
- 8 Minute ReadNovember 17, 2020Publication
- 8 Minute ReadNovember 11, 2020Publication
- 8 Minute ReadNovember 4, 2020Publication
- October 13, 2020Publication
- October 6, 2020PublicationThree Key Things in Health Care
- September 29, 2020Publication
- September 22, 2020Publication
- September 15, 2020Publication
- September 8, 2020Publication
- September 1, 2020Publication
- August 25, 2020Publication
- August 18, 2020Publication
- August 11, 2020Publication
- August 4, 2020Publication
- July 28, 2020Publication
- July 21, 2020Publication
- July 14, 2020Publication
- July 7, 2020Publication
- June 30, 2020Publication
- June 23, 2020Publication
- June 16, 2020Publication
- June 8, 2020Publication
- June 1, 2020Publication
- May 26, 2020Publication
- May 18, 2020Publication
- May 11, 2020Publication
- April 22, 2020Publication
- April 7, 2020Publication
- March 23, 2020Publication
- December 2015PublicationCo-authorRethinking the Reasonableness of Physician Compensation, The Advisory Board Company, Health Care Law Roundtable General Counsel Agenda
- March 2014PublicationAuthorWhat ACOs Should Consider for Peer Review – A Law Review Q&A, The Advisory Board Company, Law Review Daily Briefing
- July 2012PublicationAuthorACO Data Flows Under HIPAA, Accountable Care News, vol. 3, no. 7
- February 2011Publication
- December 2010PublicationCo-authorEliminating the Regulatory Drag Coefficient on ACO Development, ABA Health eSource, Vol. 7, No. 4
- August 5, 2010PublicationAuthorPractical Considerations: Business Associate Agreements Under The Proposed HITECH Rules, ABA Health eSource, Vol. 6, No. 12
- July 2010PublicationAuthorAccountable Care Organizations II: Questions & More Questions, ABA Health eSource, Special Edition PPACA
- June 2010PublicationAuthorAccountable Care Organizations: With So Many (Unanswered) Questions, Providers and Suppliers Should Start Shaping the Answers Now, ABA Health eSource, Special Edition PPACA
- December 2009PublicationAuthorAfter HITECH, Business Associate Agreements Impose Substantial Burdens That Are No Longer Necessary, ABA Health eSource, Vol. 6, No. 4
- January 31, 2008PublicationCo-author (with Matthew D. Jenkins)Stark II, Phase III - Same Old Shoes?, ABA Health eSource, Vol. 4, No. 5
News
- 1 Minute ReadDecember 5, 2024News
- 17 Minute ReadNews
- 1 Minute ReadDecember 13, 2023News
- 18 Minute ReadAugust 21, 2023News
- 2 Minute ReadDecember 7, 2022News
- 16 Minute ReadAugust 18, 2022News
- 13 Minute ReadAugust 24, 2021News
- April 27, 2020Media Mention
- 8 Minute ReadAugust 15, 2019News
- 8 Minute ReadAugust 15, 2018News
- 1 Minute ReadOctober 12, 2017Media Mention
- 1 Minute ReadMarch 28, 2014News
- 1 Minute ReadJune 29, 2012News
- February 14, 2011Media Mention
- February 1, 2011Media Mention
- January 31, 2011Media Mention
- October 12, 2010News
JD, William & Mary Law School, Order of the Coif; Board Editor, William and Mary Law Review, 1990
BA, Health Care Studies, College of the Holy Cross, 1987
Virginia