Mark Rust is Managing Partner of the Chicago office of Barnes & Thornburg, LLP, and Chair of the firm's national Healthcare Department. Mr. Rust concentrates his practice in transactional, regulatory and medical-legal issues affecting healthcare entities and provider organizations. For nearly 30 years he has written about or practiced in healthcare law, writing in a wide variety of publications from the Journal of the American Bar Association to USA Today. He is listed as a notable healthcare lawyer in Chambers USA, Top Healthcare Lawyers of Illinois, SuperLawyers® and The Best Lawyers in America®.
Mr. Rust has represented large radiology and cardiology groups, multi-specialty clinics, hospitals and hospital-physician joint ventures, medical staffs and managed care organizations including provider-sponsored HMOs. He routinely is engaged to advise on mergers and acquisitions, contract formation and negotiation, and regulatory issues. In addition to state healthcare regulation, and federal fraud and abuse and Stark analysis, Mr. Rust has focused on the application of antitrust law and ERISA pre-emption to the healthcare field.
He and his firm appeared before the U.S. Supreme Court in Rush Prudential v. Moran, 536 U.S. 355 (2002), successfully arguing, for the first time, how the relationship between providers, patients, managed care and state regulation should work under the federal law known as ERISA; and Mr. Rust was counsel of record on behalf of the American Medical Association and fifty state medical societies on the same topic before the Supreme Court the following year in Kentucky v. Miller, 538 U.S. 329 (2003).
For Thompson West Publishing, Mr. Rust regularly updates the antitrust section of The Law of Medical Practice in Illinois, Third Edition, and co-authored and updates the Mosby Elsevier textbook, Legal Medicine, published in conjunction with the American College of Legal Medicine. He is the author of "CO-OPs and Accountable Care" published in the American Medical Association's (AMA) new educational resource ACOs, CO-OPs and Other Options: A "How-To" Manual for Physicians Navigating a Post-Health Reform World. The chapter expands on the possibility of provider-sponsored CO-OPs under the Patient Protection and Affordable Care Act. Mr. Rust has appeared before the United States Congress and several state legislatures providing testimony on healthcare delivery and managed care.
Mr. Rust is Past Chair of the Illinois State Bar Association's Health Law Section, the Chicago Bar Association's Health Law Committee, and the American Bar Association's Medicine and Law Committee (Tort and Insurance Practice Section). He regularly addresses organizations on current topics in healthcare law.
Mr. Rust received his J.D. from Loyola University, Chicago, Illinois, in 1989, and his B.A. from the University of Notre Dame in 1981, and is the former national legal affairs reporter and business editor for the American Medical News (1983-1989). He is admitted to practice in Illinois and the federal appellate bar, including the U.S. Supreme Court.
Publications
· Legal Medicine
Events
5/11/2011, Health Care in 2011: What to Expect
06/15/2010, How Healthcare IT Quality Initiatives will save Millions of Love and Billions of Dollars
06/11/2010, The Directors Roundtable
05/24/2010, The Directors Roundtable
11/13/2006, Healthcare Symposium
06/26/2003, Mark Rust Spoke at Joint Meeting of AMA and ABA about The Application of ERISA to Healthcare Law
05/23/2001, Hackers, Fraud and Government Investigations: What You Should Know