Mark L. Mattioli
Philadelphia, PA 19103
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 Marshsall 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.
Significant 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)
Areas of Practice
Education
Temple University School of Law, Philadelphia, Pennsylvania, 1989 J.D.
Honors: magna cum laude
Law Review: Temple Law Review, member and symposium editorDrexel University, Philadelphia, Pennsylvania, 1986 B.S.
Honors: magna cum laude
Major: Psychology, Sociology and Anthropology
Published Works
"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)
Classes/Seminars Taught
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
Areas of Practice
Education
- Temple University School of Law (J.D., magna cum laude, 1989)
- Drexel University (B.S., magna cum laude, 1986)
Bar Admissions
- Pennsylvania, 1989
- New Jersey, 1989
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
- International Aerobatic Club
- Lawyer-Pilots Bar Association