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.

He is also a member of the firm’s blockchain working group and has focused on the impact of distributed ledger technology in health care.

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); Chair, Worship and Music Ministry (2009); 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

Events & Speaking Engagements

  • October 25, 2018
    Event
    Speaker
    Blockchain Technology and Implications for Healthcare, Virginia Bar Association’s Fourteenth Annual Virginia Healthcare Practitioners’ Roundtable
  • October 27, 2016
    Event
    Speaker
    Stark Law Update, Virginia Bar Association’s Twelfth Annual Virginia Healthcare Practitioners' Roundtable
  • September 28-29, 2016
    Event
    Speaker
    Physician Compensation Compliance Basics, Gallagher Integrated Healthcare Strategies Physician Compensation Leadership Forum
  • October 29, 2015
    Event
    Speaker
    Physician Compensation Issues, Virginia Bar Association’s Eleventh Annual Virginia Healthcare Practitioners' Roundtable
  • May 29, 2012
    Event
    The Patient Protection and Affordable Care Act: Status of Constitutional Challenges, Atlanta Bar Association Employee Benefits & Executive Compensation Committee
  • March 27, 2012
    Event
  • November 4, 2011
    Event
    Panelist
    Virginia Bar Association’s Seventh Annual Virginia Health Care Practitioners' Roundtable: Health Reform in Virginia in 2011 and Beyond
  • November 4, 2011
    Event
  • May 5, 2011
    Event
    Presenter
    AIS Seminar: New ACO Regulations: Discover the Opportunities and Pitfalls Ahead
  • April 13, 2011
    Event
    Moderator
    ABA Health Law Section Webinar and Teleconference: The New ACO Regulations: A First Look
  • January 21, 2011
    Event
    Speaker
    Understanding 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, 2011
    Event
    Speaker
    The Politics of Reform: ACA Implementation in the 112th Congress, The Advisory Board Company, Webinar
  • November 5, 2010
    Event
    Speaker
    Accountable 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, 2010
    Event
    Speaker
    WMACCA, Unraveling the Health Care Reform Act (Accountable Care and the Center for Medicare & Medicaid Innovation: Transforming Health Care Delivery in America)
  • November 9, 2009
    Event
    Speaker
    Virginia Bar Association Fifth Annual Health Care Practitioners' Roundtable (Health Information Technology Update; Health Reform 2009: Roundtable and Faculty Discussion)

Publications

News

Education

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

Admissions

Virginia

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