Mark J. Silberman is a partner in Benesch’s Health Care & Life Sciences Practice Group. Mark is an experienced trial lawyer, healthcare attorney, and litigator. His practice focuses on helping healthcare professionals and businesses navigate the complex and changing landscape of healthcare with an emphasis on achieving governmental and regulatory compliance. Mark concentrates on managing internal and external healthcare investigations, False Claims Act cases, white collar criminal defense, all forms of healthcare litigation, and all aspects of the Illinois Certificate of Need program.
Mark handles audit, compliance, investigations, and enforcement actions involving HHS-OIG, the Medicare/Medicaid programs, the Illinois Department of Public Health, and Illinois Health Facilities and Services Review Board (Certificate of Need). He advises clients regarding managing and avoiding allegations of healthcare fraud and healthcare-related criminal conduct, addressing concerns related to the Anti-Kickback Statute, and pharmacy and pharmaceutical related litigation. He provides counsel and litigation services for physicians, facilities, and pharmacies engaged with any federal agency along with handling Medicare/Medicaid reimbursement issues, False Claims Act/Qui Tam defense, and various health care transactional matters. Mark also serves as the outside General Counsel to the American Association of Nurse Anesthetists.
Prior to joining Benesch, Mark served as the co-chair of his prior firm’s national healthcare fraud, audit, compliance and enforcement group. His previous government service includes acting as General Counsel to the Illinois Certificate of Need Board and the deputy chief counsel for litigation and enforcement at the Illinois Department of Public Health. He also served as chief of drug prosecution for the Sangamon County, Illinois, State's Attorney's Office as well as a special assistant U.S. attorney in the Central District of Illinois. Mark has experience in state and federal prosecution and enforcement actions, along with substantial trial experience. Mark's trial experience and proficiency was sufficient to have gained admission from the Illinois Supreme Court into the Capital Litigation Trial Bar.
Mark’s experience as a prosecutor, healthcare regulator, and attorney in private practice are the underpinning to his philosophy of applying the principles of preventive healthcare to his relationships with his healthcare clients: If you obtain routine checkups, know your risk factors, and are honest about communicating your symptoms, it is amazing how many more options exist and problems that can be avoided.