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.
•Value-Based Contracting Under The ACA: What Does the Future Hold for Provider and Payer Relationships?, Pennsylvania Bar Institute, Health Law Institute, March 13, 2015
•Professional Liability Exposures - Not Just Medical PL, 2014 PLUS Conference, Las Vegas, Nevada, November 6, 2014
•MPL / CYBER - What's HIPAA Got to Do With It?, Professional Liability Underwriting Society (PLUS) 2014 Medical PL Symposium, Atlanta, Georgia, 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, Pennsylvania, 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
• The ACO Handbook: A Guite to Accountable Care Organizations, coordinating editor, American Health Lawyers Association
• Accountable Care and Integration: A Challenge for Credentialing and Risk Management, Journal of Healthcare Risk Management, July 2014
• 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
Legal Updates for Health Law
Law Alerts • June 9, 2015
Edited by Mary Kate McGrath, Esq.Allegheny Court Refuses to Recognize Negligence Claim for Data BreachDittman v. UPMC, C.C.P. Allegheny No. GD-14-003285On May 28, 2015, the Honorable Stanton Wettick sustained preliminary objections in Dittman..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Courts Differ on Healthcare Reform
Law Alerts • July 23, 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. Cur-rently, only 14 states have..., This Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to...
Feds Are Serious About Data Security
Law Alerts • April 17, 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...
Compliance and Quality of Care: Part 2, The Physicians' Perspective
Articles • January 10, 2014
Compliance and Quality of Care: Part 1, Laws and Case Studies
Articles • December 2, 2013
Landmark False Claims Act Judgment Imposed For Stark Violations
Law Alerts • October 7, 2013
Tuomey Healthcare System is facing the largest False Claims Act verdict ever issued against a not-for-profit hospital. This ruling came on September 29, 2013, when the court ordered that Tuomey pay the sum of $237,454,195 to the United States...
Increased HEAT on Physician Contracts Leads to Criminal Charges Against Hospital, Owner, Executive and Physicians
Law Alerts • April 24, 2013
The United States Attorney's Office for the Northern District of Illinois announced that it has arrested the senior executive of Sacred Heart Hospital in Chicago and four physicians for alleged violations of the Antikickback Act. In addition,...
The Interrelationship Between Compliance and Quality of Care
Articles • March 19, 2013
The Legal Intelligencer, March 19, 2013
Accountable Care Organizations: From Theory to Practice
Articles • March 19, 2013
The Legal Intelligencer, March 19, 2013
The Year Of The ACO And Trends For The Future
Case Study • January 18, 2013
Class Action Band is Headed to the Rock and Roll Hall of Fame!
August 16, 2013
Class Action, the in-house rock and roll band at Marshall Dennehey Warner Coleman & Goggin, will perform in the final round of the 13th Annual Fortune Battle of the Corporate Bands competition, to take place September 28th at the Rock and Roll Hall of Fame and Museum in Cleveland, Ohio. After...
Health Law Institute
Conference • Mar 12, 2013
The 19th Annual Health Law Institute provides updates and insight into recent changes in health care law and policy. The two-day conference offers more than 55 sessions led by knowledgable, experienced practitioners. Fraud and...
Director & Officer Liability - New Issues Facing Risk Managers In the Integration Age
Seminar • May 23, 2013
Mark Mattioli is the featured speaker for this educational program hosted by PASHRM. Visit www.pashrm.net for more information.
A Day on Health Law
Seminar • Oct 16, 2013
As part of this day-long seminar, Mark Mattioli will speak on the topic: Fraud and Abuse, Credentialing and Quality of Care in an Increasingly Integrated Workd - Provider, Risk Management and Legal Perspectives. In this time of dramatic...
ASHRM Annual Conference & Exhibition
Conference • Oct 27, 2013
The ASHRM Annual Conference & Exhibition will be held on October 27-30, 2013, in Austin, Texas. Attendees can choose from more than 70 educational sessions designed to help them prepare for managing risk in the changing healthcare...
Health Law Institute
Conference • Mar 13, 2014
Mark Mattioli, chair of the Health Law Practice Group at Marshall Dennehey, is among the distinguished faculty at the 20th Annual Health Law Institute, sponsored by the Pennsylvania Bar Institute. The two-day summit addresses the latest information...
PLUS 2014 Medical Professional Liability Symposium
Conference • Apr 23, 2014
The 2014 Medical Professional Liability Symposium offers an advanced look at the key coverage and policy issues impacting the medical professional liability marketplace. Attendees will gain valuable insights and hear from industry insiders on the...
PBI 21st Annual Health Law Institute
Conference • Mar 12, 2015
Mark Mattioli, chair of the Health Law and Health Care Governmental Compliance practice groups, is speaking at the upcoming Health Law Institute sponsored by the Pennsylvania Bar Institute. Mark will be joined by Adam Young, deputy general counsel...