Mark Bina

Strategic advice and creative problem solving

Mark Bina is an experienced legal counselor and litigator who represents clients in multiple industries, with a focus on health care providers. Representing a full range of health care providers and other businesses, Mark helps clients navigate:

• Disputes, investigations and litigation, especially defending health providers against and appealing administrative enforcement actions.
• Health care regulatory and business issues as outside general counsel
• Business litigation, dispute resolution and risk management

Clients turn to Mark as a steady hand who is both diplomatic and creative in navigating complex regulatory issues and litigation. They know he works to solve not only today’s challenges, but to see “around the corner” and help them avoid future problems, too.

Mark previously served as the executive director of the Indiana Board of Pharmacy and later as an assistant attorney general with the Illinois Attorney General's Office.

Mark is co-chair of the Health Care Litigation and Clinical Laboratory team.

• Serving as national regulatory and litigation counsel to a variety of health care providers in disciplinary and regulatory matters, appeals of agency decisions, professional licensing matters, fraud and abuse issues, and various business disputes.
• Helping clients respond to governmental investigations and subpoenas from local, state and federal regulators.
• Representing clients before state and federal trial and appellate courts, in mediations and arbitrations, and before administrative boards, administrative law judges, and state and federal agencies across the country.
• Challenging unconstitutional laws and regulations under state and federal versions of the Administrative Procedure Act (APA) and appealing unfavorable administrative decisions on judicial review.
• Managing the day-to-day legal operations of health care providers as outside general counsel including crisis management and responding to data security incidents.

• Served as lead litigation counsel on multi-year and multi-forum challenge of state’s Medicaid reimbursement rates for pharmacies; successfully obtained over $60 million retroactive payment for state’s pharmacies participating in Medicaid, plus higher prospective rates and award of attorneys' fees for clients.
• Appointed by City of Chicago to serve as general counsel and chief legal officer of the region’s 3,000-bed alternative care facility at McCormick Place managing the day-to-day legal, regulatory and compliance duties along with local, state and federal authorities during the city’s COVID-19 pandemic emergency public health response.
• Persuaded state pharmacy board to renew several wrongfully rejected licenses after filing complaint and motion for TRO on state administrative law, due process and Dormant Commerce Clause claims. The matter was promptly resolved without judicial intervention once the state reviewed the briefing.
• Managed internal investigation and document production for federal Medicare fraud qui tam subpoena resulting in the government declining to intervene and the relator voluntarily dismissing all fraud claims with prejudice.
• Successfully defeated emergency motion for TRO and preliminary injunction filed by pharmacy in federal court against PBM on pharmacy network access issue and obtained dismissal with prejudice — affirmed by 7^th Circuit Court of Appeals. 
• Dismissed state’s petition to enforce subpoenas against pharmacy seeking privileged patient safety work product under Patient Safety and Quality Improvement Act of 2005 (PSQIA) — affirmed on appeal.