Mark is an experienced trial lawyer, health care attorney and litigator. His practice focuses on helping health care professionals and businesses navigate the complex and changing landscape of health care with an emphasis on achieving governmental and regulatory compliance.
Mark concentrates on managing internal and external health care investigations, False Claims Act cases, white collar criminal defense, all forms of health care 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 health care fraud and health care-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.
Representative Experience
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Counseled Meadows Mennonite Retirement Community with respect to licensing and regulatory guidance throughout the COVID-19 pandemic.
