Mark R. Fitzgerald

Principal

Mark Fitzgerald is a principal with the law firm of Powers Pyles Sutter & Verville PC, with twenty five-years of health care law experience. His practice focuses on Medicare fraud and abuse, health care contracting, and corporate law. Mr. Fitzgerald advises clients on a daily basis on issues involving the federal anti-kickback statute, the Stark law, the federal False Claims Act, and the civil monetary penalties law.

Some of Mr. Fitzgerald’s projects have included: representing clients in civil investigations under the federal fraud and abuse laws; representing clients in voluntary disclosures to the OIG; developing compliance strategies for academic medical centers and affiliated faculty practice plans; structuring acquisitions and mergers of health care companies; and formation of health care joint ventures.

Mr. Fitzgerald graduated from Fairfield University in 1979 and the Catholic University of America Law School in 1982, where he was a member of the Editorial Board of the Catholic University Law Review. Mr. Fitzgerald is admitted to practice in the District of Columbia and Maryland.

Honors & Distinctions

• Mr. Fitzgerald has been recognized each year for exceptional standing in the legal community for his health care practice in Chambers USA: America's Leading Lawyers for Business, 2006 - 2012.
• Mr. Fitzgerald was named one of twelve “Outstanding Hospital Lawyers – 2003” by Nightingale’s Healthcare News, July/August 2003.

News & Publications

• Four PPSV Attorneys Again on Chambers List of America's Leading Business Lawyers
• Five PPSV Attorneys Selected for Super Lawyers 2012
• PPSV Presents "Are ACOs for You?" Webinar
• Four PPSV Attorneys Selected as Best Lawyers in America® 2012 Edition
• Four PPSV Attorneys Named to Chambers USA: America's Leading Lawyers for Business, 2011 Edition
• Four PPSV Attorneys Named to Chambers USA: America's Leading Lawyers for Business, 2010 Edition
• PPSV holds Healthcare Reform Webinars
• Fraud and Abuse Provisions in the Patient Protection and Affordable Care Act
• Four PPSV Attorneys Again on Chambers’ List of America's Leading Business Lawyers
• Powers Pyles Hosts Transplant Compliance and Cost Recovery Seminar
• Three PPSV Attorneys Again on Chambers List of America's Leading Business Lawyers
• Recent Changes to Waiver of Provider Liability and the 60-Day Repayment
• OIG Advisory Opinion regarding Flat Rate Compensation for On-Call Coverage Services
• The 60-Day Repayment Rule: Updating Compliance Plans to Manage the Reporting Risk
• The 60‐Day Repayment Rule – CMS Clarifies Some Issues, But Not Others
• Proposed Rule Implementing the Physician Payments Sunshine Act
• Are ACOs Right for Your Organization? - Analysis of ACO Final Rule
• The New Healthcare Reform Law's Impact on Physicians: Medicare, Medicaid and Related Physician Issues
• The New Healthcare Reform Law - What It Means for Providers, Practitioners and Consumers
• FCA Amendments Raise the Stakes for Failing to Investigate Potential Overpayments
• CMS Revises the Stand in the Shoes Rule, Yet Again
• Changes to Stark Rules under FY 2009 IPPS Final Rules
• AMC Mission Support and Community Outreach Programs in the Aftermath of the Stark II, Phase III Regulations, Health Lawyers News, v. 11, no. 12 (December 2007)
• Stark II, Phase III; CMS Issues the Third and Final Part of its Self-Referral Regulations
• Pay For Performance and Medicare Compliance; The Irresistible Force Meets the Immovable Object
• Manufacturer Patient Assistance Programs -- Inside or Outside Part D?
• OIG Clears a Path for Manufacturer Patient Assistance Programs
• Fraud and Abuse Update (09/05)
• Stark II Phase II -- Implications for Physicians and Groups
• Hospital Outlier Payment Issues and Current Investigations
• Financial Support Arrangements Between Academic Medical Centers And Faculty Practice Plans
• “AMC Mission Support and Community Outreach Programs in the Aftermath of the Stark II, Phase III Regulations,” American Health Lawyers Association Health Lawyers News, Vol. 11, No. 12, December 2007 (Gadi Weinreich, Mark Fitzgerald and Rachel Nosowsky)
• "Pay for Performance and Medicare Compliance; The Irresistible Forces Meets the Immovable Object," American Health Lawyers Association Health Lawyers News, Vol. 11, No. 4, April 2007
• "Manufacturer Patient Assistance Programs - Inside or Outside Part D?," BNA Medicare Report, Vol. 17, No. 03, January 20, 2006
• "OIG Clears a Path for Manufacturer Patient Assistance Programs," American Health Lawyers Association Health Lawyers Weekly, Vol. 3, Issue 47, December 2005
• "Stark II, Phase II: What it Means for AMC Financial Support Arrangements,” American Health Lawyers Association Health Lawyers News, Vol. 8, No. 5, May 2004
• “Financial Support Arrangements between Academic Medical Centers and Faculty Practice Plans,” American Health Lawyers Association Health Lawyers News, Vol. 7, No. 2, Feb. 2003
• "Protecting IME from Regulatory Erosion,” Dennis Barry's Reimbursement Advisor, Volume 18, Number 3, Nov. 2002 (Mark Fitzgerald and Christopher Keough)
• “Preserving IME Payments,” HFMA Healthcare Financial Management, Aug. 2002 (Mark Fitzgerald and Christopher Keough)
• “Make a Voluntary Disclosure to the OIG? Check Your Circuit Court Map First,” BNA Health Care Fraud Report, Volume 5, Number 23, Wednesday, Nov. 28, 2001

Speaking Engagements

• Overview of Federal Anti-Kickback Law; June 2010 & 2011 (American University Washington College of Law, Health Law Institute 2010)(Mark Fitzgerald and Johanna Michaels Kreisel)
• Modernize Patient Assistance Programs, September 19, 2008 (Institute for International Research Program)
• Hospital-Physician Contracting and P4P Incentives, September 24, 2007 (American Health Lawyers Association Fraud & Compliance Forum)
• Compliance Issues Affecting Manufacturer Patient Assistance Programs, September 26-27, 2006 (AHLA/HCCA Fraud and Compliance Forum)
• The Future of Patient Assistance Programs, July 18, 2006 (10th Anniversary 340B Conference)
• Update on Gainsharing and P4P Initiatives, March 3, 2006 (HCCA Mid-Atlantic Annual Conference)
• Patient Assistance Programs and Compliance Issues, February 27, 2006 (PHPC Medicare Rx and Patient Assistance Programs: Key Issues for 340B Stakeholders)
• Stark II, Phase II: What Academic Medical Centers and Teaching Hospitals Need to Know and Do, May 27, 2004 (audio conference sponsored by the American Health Lawyers Association)
• Stark II, Phase II: How It Affects Relationships Between Hospitals and Physicians, May 14, 2004 (District of Columbia Hospital Association Seminar Program Series)
• Financial Support Arrangements between Academic Medical Centers and Faculty Practice Plans, January 23, 2004 (American Health Lawyers Association Program)
• Financial Support Arrangements between Academic Medical Centers and Faculty Practice Plans, June 4, 2003, (audio conference sponsored by the American Health Lawyers Association and the American Association of Medical Colleges)
• Hospital Outlier Payment Issues, with Thomas Scully, Administrator, CMS, March 19, 2003 (audio conference sponsored by the American Health Lawyers Association)
• OIG Audits of Medical Education Payments to Teaching Hospitals, Philadelphia, PA, January 22, 2003 (sponsored by Healthcare Financial Management Association, Metro Philadelphia Chapter)

Professional Activities

• American Health Lawyers Association
• DC Bar Association
• Maryland Bar Association