Mark L. Mattioli: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

Mark L. Mattioli

Mark L. Mattioli heads the Health law practice group at Marshall, Dennehey, Warner, Coleman & Goggin and is also a member of the Privacy and Data Security Practice Group.
Shareholder; Chair, Health Law Practice Group; Chair, Health Care Governmental Compliance Practice Group; Co-Chair, Privacy and Data Security Practice Group
Philadelphia,  PA  U.S.A.
Phone(215) 575-2833

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Experience & Credentials
 

Practice Areas

  • Health Law
  • Antitrust Compliance
  • Privacy and Data Security
  • Health Care Governmental Compliance
  • Trade Secret
  • Electronic Discovery
  • Commercial Litigation
 
University Drexel University, Philadelphia, Pennsylvania, B.S., Psychology, Sociology/Anthropology, magna cum laude, 1986
 
Law SchoolTemple University School of Law, Philadelphia, Pennsylvania, J.D., magna cum laude, 1989 Temple Law Review, Member and Symposium Editor
 
Admitted1989, Pennsylvania; 1989, New Jersey
 
Memberships 

Associations & Memberships
•Aircraft Owners & Pilot s Association
•American Bar Association (member, Antitrust Section and Air and Space Forum)
•American Health Lawyers Association (vice-chair, Antitrust; Medical Staff Credentialing; HIT)
•Central Montgomery Mental Health/Mental Retardation Center, Solicitor
•Experimental Aircraft Association
•Health Care Compliance Association
•International Aerobatic Club
•Lawyer-Pilots Bar Association

 
Biography

Mark chairs the Health Law Practice Group and the Health Care Governmental Compliance Practice Group, and is also co-chair of the Privacy and Data Security Practice Group at Marshall Dennehey. He provides regulatory, transactional and compliance guidance to hospitals, physicians and other health care providers in a variety of areas, including health care reform, managed care contracting, reimbursement, fraud and abuse (Stark and anti-kickback), health information privacy and security, medical staff credentialing and antitrust. Mark routinely advises hospitals, health care systems and providers regarding government audits, government payment programs, medical staff issues and electronic discovery, as well as privacy and data security matters. He has extensive experience in consulting with health care clients and in litigating matters in health law and other highly regulated industries.

Mark also advises hospital, health care providers and health plan clients regarding health and information privacy and security under HITECH and HIPAA, governmental investigations, development of joint ventures, provider contracting issues and medical staff bylaw and disciplinary issues. He works closely with his clients when evaluating the HITECH risk of harm threshold, and he helps manage their risks through privacy and security policy and procedure improvements and training. Mark proactively counsels clients as they confront inquiries, audits and investigations from governmental agencies, including the Department of Justice, Office of Inspector General and the Department of Health and Human Services.

For more than 20 years, Mark has represented professionals in disciplinary disputes before licensing boards, counseled clients in complex business problems and litigated matters in defense of clients in the health care, financial and insurance industries. He has handled numerous complex commercial litigation and class action matters involving antitrust, fraud, copyright and trademark infringement, tortious interference, breach of contract, civil rights, employment, debt collection, negligence and strict liability-based claims. Mark has litigated cases nationally, including Pennsylvania, New Jersey, Maryland, Delaware, Kansas, New Hampshire, Maine, North Carolina, Kentucky, Vermont and Missouri, and he has written extensively on the topics of antitrust, fraud and abuse, and medical staff credentialing.

In 2010, Mark was appointed vice-chair of the Antitrust Practice Group of the American Health Lawyers Association. He is also a member of the Council on Litigation Management.

Classes/Seminars Taught

MPL / CYBER - What's HIPAA Got to Do With It, Professional Liability Underwriting Society (PLUS) 2014 Medical PL Symposium, Atlanta, GA, April 23-25, 2014

Compliance, Credentialing and Quality in an Integrated World: Three Perspectives, ASHRM 2013 Annual Conference & Exhibition, October 30, 2013

Critical Issues in the Delivery of Health Care: Reform, Policy and Quality, 2013 Trends in Health Care and Health Law Seminar, Marshall Dennehey, November 7, 2013

Fraud and Abuse, Credentialing and Quality of Care in an Increasingly Integrated World - Provider, Risk Management and Legal Perspectives, Pennsylvania Business Institute Day on Health Law Seminar, October 16, 2013

Director & Officer Liability - New Issues Facing Risk Managers in the Integration Age, Philadelphia Area Society for Healthcare Risk Management, Plymouth Meeting, PA, May 23, 2013

Collaboration Among Competitors: For Better or Worse, ABA/AHLA Antitrust in Healthcare Conference, Washington, D.C., May 4, 2012

Antitrust Credentialing and Physician Relations Issues, Webinar for the American Health Lawyers Association Antitrust Practice Group, February 10, 2012

The Role of the Economic Analysis in Healthcare Antitrust: Cutting-Edge Economics Meets the Anomalies of the Health Care System, Panel Moderator, American Health Lawyers Association Antitrust Practice Group, Orlando, Florida, February 9, 2012

From Stolen Briefcases to Malicious Hackers: What Criminal Defense Lawyers Need to Know about Data Breaches, Pennsylvania Association of Criminal Defense Lawyers' Annual White Collar Practice Seminar, November 18, 2011

New Developments in Accountable Care, Clinical Integration, and the Messenger Model: Addressing the Risks of Provider Joint Contracting, ABA / AHLA Antitrust in Healthcare Program, Washington, D.C., May 24, 2010

Legal / Insurance Issues in Aerobatics, Sun-n-Fun Convention, Lakeland, Florida, April 16, 2010

Development of EHR Standards: HITECH Meets Competition Policy, Practicalities, and Politics, AHLA Webinar, February 24, 2010

What Every Hospital Executive Needs To Know About Revised Merger Guidelines, October 26, 2010

FARs: Are You Current 2009, Sun-n-Fun Convention, Lakeland, Florida, April 24, 2009

Use of TC ODA's May Cause Unforeseen Litigation Turbulence for Designers, SAE 2008 Wichita Aviation Technology Congress & Exhibition (WATC), Wichita, Kansas, August 21, 2008

FARs: Are You Current, Sun-n-Fun Convention, April 8, 2008

Electronic Medical Records and the New E-Discovery Rules: What You Don't Know Can Be Used Against You, Pennsylvania Bar Institute, Health Law Institute, March 12, 2008

Getting Along with our Non-Pilot Neighbors and the FAA, Airventure 2007, Oshkosh, Wisconsin, July 25, 2007; topics addressed legal (tort) theories brought by residents against aircraft operators and airports

Salary Survey- Antitrust Update, Post & Schell Annual Labor & Employment Seminar for Health Care Providers, Harrisburg, Pennsylvania, May 17, 2007

Electronic Discovery: A New Era for Discovery of Health Records, Holy Redeemer Health System Continuing Medical Education Series, Meadowbrook, Pennsylvania, February 21, 2007

Hospital Turf Wars: Practical Issues and Hospital Responses, audio-conference and paper for AHLA, February 13, 2007

Economic Credentialing in Healthcare Facilities, audio-conference for Strafford Publications, January 11, 2007

Competition Aerobatics: Solo in Three Dimensions (discussion of current issues facing aerobatics with an emphasis on noise issues and the rules of aerobatic flying), NE SCCA Mini-Convention, Cherry Hill, New Jersey, November 11, 2006

Specialty Hospitals: Legal and Economic Antitrust Issues, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, Pennsylvania, March 2006 (with David Argue, Ph. D.)

Antitrust Regulations: How to Avoid Price Fixing Hazards, audio-conference for HCPro, August 2005

Managing the Pressure Points of Medical Staff Competition through Collaboration & Control, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, Pennsylvania, March 16, 2005 (with Robin Locke Nagele, Esq.)

Mock Antitrust Trial and Anatomy of a Corporate Negligence Case, 6th Annual Credentialing Resource Center Symposium, The Greeley Company and National Association Medical Staff Services, Orlando, Florida, May 1-2, 2003

The Medical Staff Dispute, From Tribulation Through Trial, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, Pennsylvania, March 13, 2003

Provider Managed Care Contracting: Is Just Say No an Option, Pennsylvania Bar Institute, Health Law Institute, Philadelphia, Pennsylvania, March 12, 2002

Provider Liability for Consultant Errors: What to Do When the Advice is Wrong, Program for the 7th Annual Health Law Institute, Pennsylvania Bar Institute, March 13-14, 2001

Published Works

•An Historical Look at the ACO Concept and Future Liabilities: What Does Accountable Really Mean, Health Law Handbook, 2014 ed., Thomson Reuters

•Federal Investigative Audits, Healthcare Compliance, and Quality Reporting: The MPL Connection, Inside Medical Liability, First Quarter 2014

•Compliance and Quality of Care, Part 2: The Physicians' Perspective, Compliance Today, January 2014

•Compliance and Quality of Care, Part 1: Laws and Case Studies, Compliance Today, December 2013

•HIPAA Revisited: An Analysis of the Omnibus Rule and a Practical Compliance Guide, AHLA Member Briefing, November 2013

•The Interrelationship Between Compliance and Quality of Care, The Legal Intelligencer, March 19, 2013

•Accountable Care Organizations: From Theory to Practice, The Legal Intelligencer, March 19, 2013

•The Year Of The ACO And Trends For The Future, Law360.com, January 2013

•Navigating New Waters: The Nexus of Medical Malpractice Litigation and Government Regulation, Litigation Management Magazine, Fall 2011 (with N. Gaudiosi, D.S. Jones)

•Proposed ACO Regulations: The Next Step in Health Care, or Too Little Reward for the Risk, Law Alerts, Marshall Dennehey, April 2011

•What Every Hospital Executive Needs To Know About Revised Merger Guidelines, E-Flash Update, October 2010

•Evidence-Based Clinical Guidelines: An Rx for Better Quality, and Opportunity for Exclusionary Conduct Under the Antitrust Laws, or a Little of Both, AHLA Connections at 12, August 2010 (with R. Wolfram)

•We Can Build It But There Is No Guarantee Physicians Will Use It: Historic, Practical and Legal Impediments to Quality Coordination, ABA / AHLA Healthcare in Antitrust Conference, Washington, D.C., May 2010

•A Clear View of Sightseeing Flights: Make Sure You Are Covered From A Regulatory And Insurance Perspective, Sports Aerobatics 14, April 2010 (with R. Birr)

•Standards, Quality, and Health Care Reform: A Unified Antitrust Theory for the Creation of Clinical Guidelines, 2010 Health Law Handbook (Gosfield, ed. 2010)

•A Practical Approach To Clinical Integration: How to Avoid Doing the Right Thing For the Wrong Reason, Health Law Handbook (Gosfied ed. 2009)

•Economic Credentialing, Conflict of Interest Policies, and Hospital-Physician Competition: Antitrust Issues and Pitfalls, AHLA Antitrust Member Briefing, 2009

•Client Strategies for Controlling Costs in Commercial Litigation: Create Confusion and Disorder for Your Opponent, Not Your Counsel, Inside the Minds: Addressing a Client's Litigation Issues (Aspatore 2008) (with P. McCoyd)

•Chapter Liability Issues: How a Few Pieces of Paper Save Your Airplane, House and Sanity, Sport Aerobatics, April 2008

•Can Preventing Diversion of Profitable Patients Justify Hospital's Economic Credentialing Under the Antitrust Laws, Journal of Health & Life Sciences, 2008

•Does A Hospital Have A Duty To Cooperate With Downstream Providers, AHLA Antitrust Member Briefing, 2008

•Airspace, Operating Limitations, and Airmanship, Sport Aerobatics, June 2007

•Economic Credentialing as A Mechanism to Prevent Free Riding by Physicians: Procompetitive Justifications and Practical Considerations, part of AHLA Audio Conference: Hospital Turf Wars, February 13, 2007; also published in MedStaff News, June 2007

•Noise and Aerobatics: History, Perception and a Strategy for the Future, Sport Aerobatics, February 2007

•Defining Markets in Post-Merger Situations: The Role of Quality and Price as Indicators of Market Power, Health Law Handbook (Gosfield, ed. 2004)

•Economic Credentialing: How to Balance Competition, Compliance, and Collegiality to Resolve Conflicts of Interest, HC Pro 2004 (with Robin Locke Nagele, Todd Sagin, M.D. and Hugh Greeley)

•Quality of Care as False Claims Violations, Corporate Compliance Officer, March 2002

•Physicians' Liability for Hospital Coding Errors: It's Everyone's Problem - Yours and Theirs, Corporate Compliance Officer, October 2001

•Hospital Liability for Consultant Errors: Contribution and Indemnification Under the False Claims Act, Health Law Handbook (Gosfield, ed 2000)

•Credentialing of Limited License Practitioners in a Managed Care Environment: Antitrust Liabilities and Risk Avoidance Strategies,1997 Health Law (Gosfield ed. 1997)

Honors & Awards
• Claims & Litigation Management Alliance

Year Joined Organization: 2011

 
Reported CasesSignificant Representative Matters: Health America v. Susquehanna Health Systems , 278 F.Supp. 2d 423 (M.D. Pa. 2003); Delaware Health Care, Inc. v. MCD Holding Co. , 957 F.Supp. 535 (D.Del. 1997); High Tech Enterprises v. Semon , 1997-2 Trade Cases (CCH) p. 71, 892 (E.D. Pa. 1997); United States v. Kensington Hospital , 1993 WL 21446, 1993 U.S. Dist. LEXIS 383 (E.D. Pa. 1993); Gordon v. Lewistown Hosp. , 714 A.2d 539 (Pa. Commw. Ct. 1998) Published Works ;An Historical Look at the ACO Concept and Future Liabilities: What Does Accountable Really Mean?, Health Law Handbook , 2014 ed., Thomson Reuters ;Federal Investigative Audits, Healthcare Compliance, and Quality Reporting: The MPL Connection, Inside Medical Liability , First Quarter 2014 ;Compliance and Quality of Care, Part 2: The Physicians' Perspective, Compliance Today , January 2014 ;Compliance and Quality of Care, Part 1: Laws and Case Studies, Compliance Today , December 2013 ;HIPAA Revisited: An Analysis of the Omnibus Rule and a Practical Compliance Guide, AHLA Member Briefing, November 2013 ;The Interrelationship Between Compliance and Quality of Care, The Legal Intelligencer , March 19, 2013 ;Accountable Care Organizations: From Theory to Practice, The Legal Intelligencer , March 19, 2013 ;The Year Of The ACO And Trends For The Future, Law360.com, January 2013 ;Navigating New Waters: The Nexus of Medical Malpractice Litigation and Government Regulation, Litigation Management Magazine , Fall 2011 (with N. Gaudiosi, D.S. Jones) ;Proposed ACO Regulations: The Next Step in Health Care, or Too Little Reward for the Risk?, Law Alerts , Marshall Dennehey, April 2011 ;What Every Hospital Executive Needs To Know About Revised Merger Guidelines, E-Flash Update, October 2010 ;Evidence-Based Clinical Guidelines: An Rx for Better Quality, and Opportunity for Exclusionary Conduct Under the Antitrust Laws, or a Little of Both?, AHLA Connections at 12 , August 2010 (with R. Wolfram) ;We Can Build It But There Is No Guarantee Physicians Will Use It: Historic, Practical and Legal Impediments to Quality Coordination, ABA / AHLA Healthcare in Antitrust Conference, Washington, D.C., May 2010 ;A Clear View of Sightseeing Flights: Make Sure You Are Covered From A Regulatory And Insurance Perspective, Sports Aerobatics 14 , April 2010 (with R. Birr) ;Standards, Quality, and Health Care Reform: A Unified Antitrust Theory for the Creation of Clinical Guidelines, 2010 Health Law Handbook (Gosfield, ed. 2010 ) ;A Practical Approach To Clinical Integration: How to Avoid Doing the Right Thing For the Wrong Reason, Health Law Handbook (Gosfied ed. 2009 ) ;Economic Credentialing, Conflict of Interest Policies, and Hospital-Physician Competition: Antitrust Issues and Pitfalls, AHLA Antitrust Member Briefing, 2009 ;Client Strategies for Controlling Costs in Commercial Litigation: Create Confusion and Disorder for Your Opponent, Not Your Counsel, Inside the Minds: Addressing a Client's Litigation Issues (Aspatore 2008 ) (with P. McCoyd) ;Chapter Liability Issues: How a Few Pieces of Paper Save Your Airplane, House and Sanity, Sport Aerobatics , April 2008 ;Can Preventing Diversion of Profitable Patients Justify Hospital's Economic Credentialing Under the Antitrust Laws?, Journal of Health & Life Sciences , 2008 ;Does A Hospital Have A Duty To Cooperate With Downstream Providers?, AHLA Antitrust Member Briefing, 2008 ;Airspace, Operating Limitations, and Airmanship, Sport Aerobatics , June 2007 ;Economic Credentialing as A Mechanism to Prevent Free Riding by Physicians: Procompetitive Justifications and Practical Considerations, part of AHLA Audio Conference: Hospital Turf Wars, February 13, 2007 ; also published in MedStaff News , June 2007 ;Noise and Aerobatics: History, Perception and a Strategy for the Future, Sport Aerobatics , February 2007 ;Defining Markets in Post-Merger Situations: The Role of Quality and Price as Indicators of Market Power, Health Law Handbook (Gosfield, ed. 2004 ) ;Economic Credentialing: How to Balance Competition, Compliance, and Collegiality to Resolve Conflicts of Interest, HC Pro 2004 (with Robin Locke Nagele, Todd Sagin, M.D. and Hugh Greeley) ;Quality of Care as False Claims Violations, Corporate Compliance Officer, March 2002 ;Physicians' Liability for Hospital Coding Errors: It's Everyone's Problem - Yours and Theirs, Corporate Compliance Officer, October 2001 ;Hospital Liability for Consultant Errors: Contribution and Indemnification Under the False Claims Act, Health Law Handbook (Gosfield, ed 2000 ) ;Credentialing of Limited License Practitioners in a Managed Care Environment: Antitrust Liabilities and Risk Avoidance Strategies, 1997 Health Law (Gosfield ed. 1997 )
 
ISLN901693370
 

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Courts Differ on Healthcare Reform
Mark L. Mattioli, July 26, 2014
Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Cur­rently, only 14 states have established their own exchanges, while 36 states,...

Feds Are Serious About Data Security
Mark L. Mattioli,David J. Shannon, April 22, 2014
In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could proceed. Although the breach did not happen in a health care...
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Mark L. Mattioli

2000 Market Street, Suite 2300
PhiladelphiaPA 19103




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