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
- Selected as a Best Lawyer for Health Care Law, Best Lawyers in America, 2007-2020
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
Legal Updates
Events & Speaking Engagements
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
