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Experience

Mark Mutschink focuses his practice exclusively on healthcare matters including regulatory and compliance, administration, government and internal investigations, and federal and state healthcare-related litigation. Mark has helped clients in responding to government subpoenas and investigations, managing reimbursement issues, and analyzing matters under state and federal fraud and abuse statutes. He has also assisted clients with healthcare operational issues including providing analysis and advice related to healthcare-related agreements such as physician services, recruitment, and employment agreements; healthcare vendor agreements; and managed care agreements. Mark has also provided counsel on healthcare operational issues such as peer review proceedings.

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.

Named among the top firms in Texas for Healthcare in Chambers USA 2019 by Chambers and Partners

Received a first-tier ranking in Dallas for Healthcare Law in U.S. News - Best Lawyers® “Best Law Firms” 2019

Representative Matters

  • 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 Employment

  • Physical Therapist, 2001-2010

Honors & Affiliations

Distinctions/Honors

  • Texas Rising Stars® by Thomson Reuters (Health Care), 2018-2019

Memberships/Affiliations

  • Member, State Bar of Texas
  • Member, Dallas Bar Association
  • Trustee, Greenland Hills United Methodist Church
  • Board of Directors, Union Coffee

Education & Admissions

Education

  • J.D., 2010, cum laude, SMU Dedman School of Law, SMU Law Review Association
  • M.P.T., 2001, magna cum laude, The University of Texas Health Science Center at San Antonio
  • B.S., 1998, cum laude, Texas A&M University

Admissions

  • Texas
  • U.S. Dist. Ct., E. Dist. Texas
  • U.S. Dist. Ct., N. Dist. Texas
  • U.S. Dist. Ct., S. Dist. Texas