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Mark Faccenda

Partner

Mark Faccenda

Washington, DC

T:+1 202 662 0306

Mark Faccenda is a Partner in the Washington, D.C. office. As part of Norton Rose Fulbright's health care transactional group, Mark has represented health care industry clients on regulatory and transactional matters. Representative clients include pharmaceutical manufacturers, academic medical centers, health systems, physician groups, physician/hospital joint ventures, long-term care facilities and durable medical equipment suppliers.

Prior to joining, Mark worked for the Pennsylvania House of Representatives Legislative Office for Research Liaison where he conducted economic and health care regulatory research in support of prospective legislation. As part of his work for the Legislative Office for Research Liaison, Mark authored and contributed content to the University of Pittsburgh Institute of Politics' quarterly Institute of Politics Report and its annual policy briefing, the Institute of Politics Status Report.

Mark also worked for payer and provider sides of an integrated health system where he drafted corporate policies and provided legal research focusing on HIPAA, ERISA, EMTALA, same-sex benefit coverage and the Peer Review Protection Act.

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  • Education

    2005 - J.D., University of Pittsburgh
    2005 - M.H.A., Health Administration, University of Pittsburgh
    1995 - B.S., Biology, Pennsylvania State University

    Mark is admitted to practice in Pennsylvania and in the District of Columbia.

     

  • Representative experience
    • Counsel on federal and state health care regulatory matters including fraud and abuse, Stark Law, Medicare Conditions of Participation and prospective payment
    • Analysis of proposed regulations and  draft of public comments; analysis of proposed and recently adopted statutes pertaining to health care reimbursement and related compliance matters
    • Counsel on HIPAA and FTC privacy regulation applicability to pharmaceutical and device manufacturers, internet-based platforms and related third-party contractors, and communications providers
    • Counsel on transactional matters between pharmaceutical manufacturers and group purchasing organizations
    • Execution of mergers and acquisitions by and among institutions of all levels of the health care industry
    • Draft of proposed state regulations pertaining to long-term care facilities
  • Admissions
    • District of Columbia State Bar
    • Pennsylvania State Bar License
  • Rankings and recognitions
    • Capital Pro Bono Honor Roll, District of Columbia Access to Justice Commission, 2014, 2016
  • Publications
    • Co-author with Yvonne Puig, "Economic Credentialing: A Balancing of Risks," AHLA Enterprise Risk Management Handbook for Healthcare Entities, Third Edition (2017)
    • Author, "Obligations in Response to a Health Care Data Security Breach," American Bar Association / BNA Books, E-Health, Privacy and Security Law, Third Edition (2016)
    • Author, "CMS Seeks Termination of Hospitals Considered Not 'Primarily Engaged' in the Delivery of Inpatient Services," American Health Lawyers Association, AHLA Connections, Vol. 18, No. 8, August 2014.
    • Author, "CMS Enforcement against Hospitals for Failure to be Primarily Engaged in Inpatient Care," American Bar Association Health eSource, Vol. 10, No. 8, April 10, 2014.
    • Author, "Obligations in Response to a Health Care Data Security Breach," American Bar Association / BNA Books, E-Health, Privacy and Security Law, Second Edition 2013 Cumulative Supplement (2013)
    • Co-author with Yvonne Puig, "Economic Credentialing: A Balancing of Risks," AHLA Enterprise Risk Management Handbook for Healthcare Entities, Second Edition (2013)
    • Co-author, "HHS Releases Long-Awaited HIPAA Omnibus Regulations," Fulbright Briefing, January 22, 2013
    • Co-author, "Obama Administration Proposes ACA Regulations," Fulbright Alert, November 21, 2012
    • Author, "Obligations in Response to a Health Care Data Security Breach," American Bar Association / BNA Books, E-Health, Privacy and Security Law, Second Edition (2012)
    • Co-author, "Federal Agencies Coordinate in the Issuance of Much-Anticipated Guidance on Accountable Care Organizations," Fulbright Briefing - Accountable Care Organization Task Force, April 5, 2011
    • Co-author with Thomas E. Dowdell and Denise Webb Glass, "Telehealth Technology Opportunity for Certain Rural Providers," Fulbright & Jaworski L.L.P. Briefing, March 4, 2011
    • Co-author with Lara Parkin, "Meaningful Use – What Does it Mean to You?," ABA Health Law Section, The Health Lawyer, February 2011
    • Co-author with Lara Parkin, "CMS Publishes Final Rule Implementing Meaningful Use Standards for EHR Incentive Payments," Fulbright & Jaworski L.L.P. Alert, July 13, 2010
    • Co-author with John Kelly, "Interim Final Rule Creates New Penalties for HIPAA Violations," HCCA's Compliance Today, March 2010
    • Co-author with Yvonne Puig, "Economic Credentialing: A Balancing of Risks," AHLA Enterprise Risk Management Handbook for Healthcare Entities (2009)
    • "Eliminating Health Disparities: Addressing Minority and Rural Community Issues," Institute of Politics Status Report, University of Pittsburgh Institute of Politics, September 2002
  • Speaking engagements
    • Presenter, "Risky Business: Hospital / Physician Acquisition," Health Care Compliance Association, Pittsburgh Regional Compliance Conference, October 6, 2017
    • Co-presenter, "The Past, Present, and Future of Medicare Value Based Purchasing Programs," American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues, March 29, 2017
    • Co-presenter, "The Death of Provider-Based Status," American Bar Association, Emerging Issues in Healthcare Law, March 9, 2017
    • Co-presenter, "Challenges and opportunities of telemedicine and mhealth solutions," Norton Rose Fulbright web seminar, February 9, 2017
    • Co-presenter, "Telemedicine and Virtual Care: The Future is Today (or Is My iPhone My New Doctor's Office?)," Norton Rose Fulbright Thirteenth Annual Health Law Symposium, Austin, TX, January 27, 2017
    • Co-presenter, "MACRA final rule: highlights and implications," Norton Rose Fulbright web seminar, January 12, 2017
    • Moderator, "Having a Big MACRA Attack? Implementing the New Final Rule," American Bar Association web seminar, November 14, 2016
    • Co-presenter, "Privacy and data security: Concerns for life sciences and healthcare companies," Norton Rose Fulbright web seminar, November 9, 2016
    • Co-presenter. "Clinical Trials and Reimbursement," AdvaMed Medical Device Reimbursement 101 Workshop, September 27, 2016
    • Co-presenter, "Technology Assessments and Comparative Effectiveness," AdvaMed Medical Device Reimbursement 101 Workshop, September 27, 2016
    • Co-presenter, "Structuring Healthcare Co-Location Arrangements: Complying With Legal and Regulatory Requirements," Strafford Publications web seminar, July 20, 2016
    • Co-presenter, "Risks, Benefits and Solutions Related to Value-Based Contracting and Alternative Delivery Models," Willis Towers Watson 20th Annual Health Care Forum, July 12, 2016
    • Co-presenter, "Structural and Transactional Implications of Medicare Payment Reform," American Health Lawyers Association, Institute on Medicare and Medicaid Payment Issues, April 14, 2016
    • Co-presenter, "Value-Based Purchasing - Provider Prospective," American Bar Association, Emerging Issues in Healthcare Law, March 4, 2016
    • Moderator, "Perspectives from Key Capitol Hill Staffers," American Bar Association, Washington Health Summit, December 8, 2015
    • Co-presenter, "New horizons in healthcare governance: Compliance with the Office of Inspector General's guidance on board oversight," Norton Rose Fulbright web seminar, October 29, 2015
    • Co-presenter, "Hot Topics in Compliance," Health Ethics Trust, Healthcare Best Compliance Practices Forum, October 26, 2015
    • Presenter, "Physician Payment Reform: Medicare Access and CHIP Reauthorization Act of 2015," Current Issues in Health Law, University of Pittsburgh School of Law, October 19, 2015
    • Co-presenter, "Health information privacy and security: new compliance considerations in an era of increased interconnectivity," Norton Rose Fulbright web seminar, October 6, 2015
    • Co-presenter, "Structuring Healthcare Co-Location Arrangements: Complying With Legal and Regulatory Requirements," Strafford Publications web seminar, June 25, 2015
    • Co-presenter, "Fundamentals of Medicare/Medicaid," American Bar Association web seminar, April 16, 2015
    • Presenter, "HIPAA Compliance," Health Ethics Trust, Washington Executive Course, Washington, DC, March 24, 2015
    • Co-presenter,  "Final Standards for Accessible Medical Diagnostic Equipment," American Bar Association, Washington Health Law Summit, December 8, 2014
    • Co-presenter, "Centers for Medicare and Medicaid Services: Enforcement against hospitals not primarily engaged in inpatient care," Norton Rose Fulbright web seminar, October 16, 2014
    • Co-presenter, "Compliance: Final rule for combined medical staffs," Norton Rose Fulbright web seminar, September 16, 2014.
    • Presenter, "Termination of Hospital Medicare Participation for Failure to be "Primarily Engaged" in Inpatient Care," American Bar Association Member Benefit Call, August 15, 2014
    • Presenter, "HIPAA Breach Notification Rule Compliance," Health Ethics Trust, Advance Compliance Tools: A Certification Intensive Course, Washington, DC, August 12, 2014
    • Panelist, "Voluntary Disclosures - When Problems Develop: Effective Disclosures to Untangle the Knots," Norton Rose Fulbright Tenth Annual Health Law Symposium, Austin, TX, January 30, 2014
    • Co-presenter, "Key Considerations in Establishing and Implementing an ACO Compliance Plan," Health Ethics Trust seminar, December 18, 2013
    • Co-presenter, "What You Need to Know About Healthcare Reform," Healthcare Businesswomen's Association, 2013 Leadership Conference, November 14-15, 2013
    • Co-presenter, "Mitigating the Risk of the False Claims Act," Norton Rose Fulbright and MGU Specialty Risk Services web seminar, November 5, 2013
    • Co-presenter, "Mitigating the Risk of the False Claims Ac,t" Norton Rose Fulbright and Wortham Insurance seminar, September 17, 2013
    • Co-presenter, "2013 Healthcare Legislative Update," Norton Rose Fulbright web seminar, July 24, 2013.
    • Co-presenter, "Healthcare Reform: Things You Need to Know," Healthcare Businesswomen's Association, June 20, 2013
    • Co-presenter, "Medical Records Law in Virginia," Lorman Education Services Seminar, May 1, 2013
    • Co-presenter, "Implementation of the HIPAA / HITECH Omnibus Rule: Is Your Hospital Ready?," Texas Hospital Association web seminar, April 9, 2013
    • Panelist, "Washington Health Care Update – ACA Implementation, the Fiscal Cliff and Anti-Fraud Enforcement Initiatives," Fulbright & Jaworski L.L.P. Ninth Annual Health Law Symposium, Austin, TX, January 31, 2013
    • Co-presenter, "HIPAA Omnibus Regulations: They're Here (Finally)…Now What?," Fulbright & Jaworski L.L.P. web seminar, January 25, 2013.
    • Moderator, "Medicare's Revalidation Requirements: Update on Enrollment Procedures for Providers and Suppliers," American Bar Association web seminar, March 15, 2012
    • Co-presenter, "The Final ACO Rules: What Changed, What Didn't and Where Do We Go From Here?," Fulbright & Jaworski L.L.P. web seminar, November 2, 2011
    • Co-presenter, "The Wait Is Over: Federal Agency Pronouncements on Accountable Care Organizations," Fulbright & Jaworski L.L.P. web seminar, April 20, 2011
    • Co-presenter, "HITECH Rules on Meaningful Use, EHR Standards, Privacy and Security," Fulbright & Jaworski L.L.P. web seminar, August 4, 2010
    • Co-presenter, "Medicare as Secondary Payer: Resolving and Reporting Cases with Beneficiaries," Fulbright & Jaworski L.L.P. web seminar, September 29, 2010
    • Co-presenter, "Health Care Reform, Finding Funding: Medicare and Medicaid Payment Reforms," Fulbright & Jaworski L.L.P. web seminar, April 21, 2010
    • "New Developments in Staffing and Safe Patient Lifting Regulations," Philadelphia & Suburban Healthcare Human Resources Association Seminar, May 16, 2008
    • Co-presenter, "Medical Records Law: Record Retention and Risk Management," Lorman Education Services Seminar, March 19, 2008
    • "Incorporation of Nonprofit Corporations," Philadelphia VIP Pro Bono Opportunities Day, October 25, 2007
    • "The Constitution and the Power of the State to Protect an Unborn Child from a Drug-Addicted Mother," Allegheny County Bar Association Health Law Section, December 10, 2004
  • Memberships and activities
    • Adjunct Faculty, University of Pittsburgh School of Law
    • American Bar Association Health Law Section, Chair, Payment and Reimbursement Interest Group
    • American Bar Association Health Law Section, Vice-Chair, Health Law and Policy Coordinating Committee
    • American Health Lawyers Association