Mark Mutschink

Mark Mutschink

  • 214.969.1451
    214.880.3263
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Associate

  • Thompson & Knight LLP
    One Arts Plaza
    1722 Routh Street, Suite 1500
    Dallas, TX 75201 USA
    214.969.1451
    214.880.3263
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Mark Mutschink focuses his practice on healthcare matters including regulatory, compliance, and administration issues as well as healthcare-related litigation.  Before law school, Mark practiced as a licensed physical therapist in a variety of healthcare settings including outpatient, inpatient, and home healthcare, and was responsible for opening, developing, and operating outpatient clinics.

Experience

  • Represented multiple Texas hospitals in government investigation into potential fraud and abuse allegations, including alleged violations of the Stark Law, Anti-Kickback Statute, Texas Medicaid Fraud Prevention Act, and False Claims Act
  • Represented Texas hospital in multiple government investigations related to provider-based billing requirements, on-site dialysis services, and ambulance transfers from provider-based emergency rooms to the hospital
  • Represented nationwide hospital providers in contract dispute litigation and compliance analysis, including lease, physician employment, and physician recruitment matters
  • Represented physician practice in relation to government inquiry into relationships with multiple laboratory companies accused of Medicare fraud
  • Represented multiple hospitals and physician practices in relation to recoupment claims against former employees related to certain voluntary government repayments
  • Represented physicians and other providers in relation to complaints to various state licensing boards
  • Represented pharmacy benefit manager before the Texas Department of Insurance related to certain fees charged to member pharmacies
  • Advised hospitals regarding proposed actions and peer review proceedings related to physicians’ medical staff membership
  • Represented medical device manufacturer in new device rollout to multiple test states
  • Represented seller in sale of Texas skilled nursing facility before Texas Department of Aging and Disability Services in relation to proposed assignment of Medicaid bed licenses to purchaser
  • Represented hospital chain in dispute with former executives involving breach of fiduciary duty and misappropriation of trade secrets related to a rehabilitation hospital chain acquisition

Prior Experience

  • Physical Therapist, 2001-2010

Activities (Memberships/Affiliations)

  • Member, State Bar of Texas
  • Member, Dallas Bar Association
  • Trustee, Greenland Hills United Methodist Church