Mark J. Silberman

As the former General Counsel of the Health Facilities and Services Review Board, represented a group of nursing homes before the Board, in the Circuit Court, and at the Appellate Court to support a decision of the Certificate of Need Board. See, ManorCare Health Services, LLC v. Illinois Health Facilities & Services Review Board, 2016 IL App (2d) 151214. The case was a landmark case resulting in clarification of the Board’s authority to interpret its own regulations and to utilize its discretion in making decisions regarding the design and advancement of health care in Illinois.

Helped U.S. HealthVest obtain regulatory approval to establish a new 100-bed specialty hospital in Northbrook, Illinois, thus fundamentally improving access to mental health and addiction care for a major portion of Lake and Cook Counties. See Project # 16-011 – Northbrook Behavioral Hospital, Northbrook.

Represented long-term care pharmacy in DEA audits and compliance investigations.

Represented a rehabilitation company throughout a government investigation resulting in government decision not to pursue civil or criminal charges.

Represented a medical biller facing an investigation due to alleged misconduct of employer with the goal of ensuring appropriate protections while navigating a cooperative process.

Represented a long-term care facility in a multiple-year government investigation, including seizure of computer systems without charges being filed, and effected return of all seized records and materials.

Represented a Home Health Agency owner in a government investigation to alleged misconduct and successfully exhibited to the government the perceived misconduct had not occurred, resulting in no charges being filed.

Represented a compounding pharmacy related to a DEA-issued Order to Show Cause, an administrative hearing, and a counterclaim seeking injunctive relief to dissolve an order of immediate suspension.

Design and implementation of preventive policies and procedures to manage likely government inquiries, audits, and investigations for highly regulated business.

Represented individual unit owners in obtaining temporary restraining order (“TRO”) and successfully mediated dispute involving fiduciary duty of condominium building Board of Directors.

Represented individual unit owners in obtaining a temporary restraining order (TRO) and successfully mediated a dispute involving fiduciary duty of the condominium building Board of Directors.

Represented equity ownership in self-disclosure to Office of Inspector General related to submission of claims to government in violation of regulatory standards

Represented a national professional association in drafting multiple amicus briefs in state, federal and U.S. Supreme Courts.

Acquisition of a strategic parcel of real estate for a long-term care, skilled nursing home operator client.

As state prosecutor, tried multiple first-degree murder jury trials, along with bench trials and jury trials for dozens of other felony offenses.

Assisted to design, development, and implementation of preventative Foreign Corrupt Practices Act protocol for multinational client.

Represented business owner in response to grand jury subpoena and in presentation of testimony relevant to establishment of industry standards

Represented a wholesale distributor in a DEA seizure action and filed a writ of mandamus, resulting in the DEA returning millions of dollars of active pharmaceutical ingredients.

Represented a long-term care pharmacy in DEA audits and compliance investigations.

Represented a long-term care facility owners challenging the decision of the Illinois Certificate of Need Board resulting in reversal of the decision and issuance of a landmark decision by an appellate court. Medina Nursing Ctr, Inc. v. Health Facilities & Servs. Review Bd., 2013 IL App (4th) 120554 (2013).

Represented a long-term care facility in a legal challenge to the Centers for Medicare and Medicaid Services (CMS) five-star rating system, including conduct of oral arguments in the Seventh Circuit. Bryn Mawr v. Sebelius, 749 F.3d 592 (2014).

Represented multiple business in government audits and OIG investigations seeking recoupment of government issued funds.

Represented Dr. Lucero in a health care fraud case, proffer agreement, cooperation agreement and testimony in criminal trial alleging $12 million health care fraud related to operation of a Home Health Agency.

Represented Bellwether Behavioral Health (Advoserv) in a regulatory action by the Delaware Office of Child Care Licensing, successfully negotiating the dismissal of the notice and resolution of the circumstances.

Represented multiple businesses and individuals in responding to government subpoenas and civil investigative demands with minimal disruption to ongoing business functions.

Successfully argued in Illinois 4th District Appellate Court for reversal of an administrative review case involving regulatory violations against a long-term care facility.

Represented Uropartners Surgery Center, LLC in its successful bid to obtain regulatory approval to acquire ownership of the Apollo Surgical Center in Des Plaines, Illinois. See E-029-16 – Apollo Surgical Center, Des Plaines.

Represented multiple pharmacies in Medicaid audits and OIG investigations seeking recoupment of Medicaid funds.

Testified in murder trial, as outside general counsel, on behalf of institutional client requested to produce documentation and establish foundation before jury.

Represented CEO of business facing allegations of violating Anti-kickback statute and submission of fraudulent bills to government

Represented corporation in False Claims Act litigation alleging systematic submission of billing to government below established regulatory standards

Represented CEO in appearance before government investigative body

Represented a physician facing criminal charges from a DEA investigation alleging improper issuance of prescription pain medications resulting in non-custodial resolution.

Represented a physician facing allegations of health care fraud involving acceptance of kickbacks and allegations regarding improper certification of patients for home health care, obtaining recommendation from a federal judge that the physician be allowed to retain license to practice medicine.

Management of government audit/investigation into industry leader following successful self-disclosure of regulatory error.

Represented national professional association in drafting of multiple amicus briefs in state, federal, and U.S. Supreme Court related to government oversight.

Represented physician at sentencing hearing facing various criminal charges, ultimately obtaining sentence of probation, including recommendation from federal judge that physician be allowed to retain license to practice medicine.

Represented long-term care facility in legal challenge to Centers for Medicare and Medicaid Services (“CMS”) five-star rating system including conduct of oral arguments in the Seventh Circuit, Bryn Mawr v. Sebelius, 749 F.3d 592 (2014)

Helped U.S. HealthVest obtain regulatory approval to establish a new 100-bed specialty hospital in New Lenox, Illinois, thus fundamentally improving access to mental health and addiction care for a major portion of the Northern Illinois community. See Project # 17-009 – Silver Oaks Hospital, New Lenox.

Represented business owners challenging sufficiency of regulatory decision, resulting in reversal and issuance of landmark decision by Appellate Court, Medina Nursing Ctr, Inc. v. Health Facilities & Servs. Review Bd., 2013 IL App (4th) 120554 (2013)

Represented a long-term care facility and owners in qui tam litigation alleging violations of the False Claims Act centering upon allegations of substandard quality of care.

Represented a hospital in an arbitration hearing centering upon a breach of contract action against a managed care company.

Represented wholesale distributor in DEA seizure action and filed writ of mandamus resulting in DEA returning millions of dollars of active pharmaceutical ingredients.

Negotiation of successful cooperation agreement and related resolution of criminal and administrative charges for Owner/CEO.

Coordinated responses to Civil Investigative Demands from U.S. Attorney’s Offices for technology, finance, health care, construction and other companies.

As a prosecutor, tried multiple first-degree murder jury trials, along with bench trials and jury trials for dozens of other felony offenses.

Represented the physician owner of a Home Health Agency facing allegations of health care fraud and successfully facilitated a cooperative proffer with the government.

Represented the CEO of a Home Health Agency throughout investigation into allegations of health care fraud throughout the health system, resulting in no charges being filed.

Represented the owner of a pharmaceutical company facing criminal charges alleging improper distribution of prescription drugs and related conspiracy charges related to allegations of improper wholesale distribution.

Represented business in multiple-year government investigation in response to seizure of paper documents and enterprise computer systems resulting in no charges being filed and effecting return of all seized records and materials.

Represented a nursing home administrator indicted for felony criminal neglect in a matter of first impression due to government efforts to impose criminal liability upon a nursing home administrator based upon oversight liability and resulting in no felony charges.

Represented corporate ownership and its medical director in discussions and negotiations with the United States Drug Enforcement Agency regarding management of controlled substance registrations and industry discussion related to accessibility to medication for outsourced administration of anesthesia.

Represented multinational corporate in responding to subpoena from federal bureau of investigations seeking production of international documentation regarding alleged conduct of former employee

Represented CEO/owner related to criminal charges alleging regulatory violations and submission of false claims.

Represented a Home Health Agency owner and medical director facing allegations of health care fraud to secure resolution resulting in a beneficial sentence substantially lesser than that of co-defendants.

Represented Insight as regulatory counsel on its acquisition of Mercy Hospital.

Represented one of the nation’s largest nephrology group practices, in a strategic sale and long-term management agreement with an affiliate of Satellite Healthcare.

Represented a healthcare provider in a Medicare payment related matter proving that the clinical care services were indeed provided and securing an almost one million dollar remittance.

Represented vascular surgeon and his physician practice in sale to national private equity backed platform of vein clinics.

Represented a physician, practice, and Ambulatory Surgical Treatment Center (ASTC) focused on in vitro fertilization (IVF) and assisted reproductive technologies (ART) services in a sale to one of the nation’s fastest-growing physician-centric fertility care platforms.

Represented U.S. Healthvest, an innovative behavioral healthcare organization, in connection with obtaining regulatory approval (CON) to establish modernized replacement AMI hospital in Lake County, IL and assisting with licensing and certification.

Represented UnityPoint Health – Trinity to obtain regulatory approval to close rehabilitation unit and establish free standing rehabilitation hospital in Moline, IL.

Represented UroPartners, the largest Urologic practice in the Chicago area with more than 30 locations and over 60 providers, with respect to a Certificate of Need (CON) application. 

Serve as outside General Counsel to professional association of +52,000 nurse anesthetists. Recently, filed an Amicus brief on behalf of AANA regarding scope of practice and title preservation in the New Hampshire Supreme Court.

Counseled Meadows Mennonite Retirement Community with respect to licensing and regulatory guidance throughout the COVID-19 pandemic.

Counseled MercyHealth, a non-profit health care provider and hospital system based in Janesville, Wisconsin with over 85 facilities serving a total of 50 communities throughout southern Wisconsin and northern Illinois, with respect to CON applications and regulatory matters.

Counseled Encompass Health, one of the United States’ largest providers of post-acute healthcare services, with three Certificate Of Need (CON) permits to establish rehabilitation hospitals in Illinois.

Represented North Suburban Pain and Spine as healthcare regulatory counsel, in the preparation of the Certificate of Need application for the establishment of an Ambulatory Surgical Center and as transactional counsel to work on issues related to stark and anti-kickback analysis.  Presented application before Illinois regulatory board and worked with facility to obtain licensure and accreditation for facility.

Represented U.S. Healthvest in connection with the acquisitions of Lake Behavioral, Smokey Point and Silver Oaks, all psychiatric hospitals.

Represented Encompass Health and BJC Healthcare as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $30 million, 40 bed rehabilitation hospital in Shiloh, Illinois.

Represented North Suburban Pain and Spine Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.

Represented Illinois Spine Institute as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.

Represented Illinois Back and Neck Institute as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.

Represented Smith Senior Living as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $23 million, 78 bed skilled nursing and rehabilitation facility.

Represented Ignite Medical Resorts McHenry as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $17 million, 84-bed skilled nursing and rehabilitation facility.

Represented Vascular Access Center as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct an Ambulatory Surgical Treatment Center.

Represented MercyHealth as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a Sub-Acute Unit at the Rockford Hospital.

Represented US HealthVest LLC as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $30 million, 146 bed acute mental illness hospital.

Represented Encompass Health as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to construct a $52 million, 60 bed rehabilitation hospital.

Represented Nephrology Associates of Northern Illinois and Indiana  as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to acquire an Ambulatory Surgical Treatment Center.

Represented Soderstrom Dermatology Center, S.C. as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Exemption to sell their existing Ambulatory Surgical Treatment Center.

Represented Illinois Bone and Joint as healthcare regulatory counsel in obtaining approval for an Illinois Certificate of Need to perform surgeries in additional categories of service at their existing Ambulatory Surgical Treatment Center.