Mark Bina is a partner in the firm's Litigation, Dispute Resolution, and Health Law Practice Groups. He is the co-chair of the Health Care Litigation team and represents a broad range of clients in dispute resolution, health regulatory, licensing, and compliance matters throughout the U.S.
In the healthcare arena, Mark helps client navigate an array of regulatory and compliance issues involving state and federal law. His experience includes managing the day-to-day legal operations of certain healthcare providers as an outside general counsel. He also manages internal and governmental investigations, subpoena responses, disciplinary proceedings, appeals of agency decisions, professional licensing matters, fraud and abuse issues, and risk mitigation strategies. He helps clients respond to an array of governmental investigations and subpoenas from the local, state, and federal level—including subpoenas investigating state and federal False Claim Act (FCA) violations and state Consumer Fraud Act (CFA) violations, among others. As a member of the firm's Data Privacy & Security team, he also helps manage various aspects of data breach and cybersecurity incident responses, including notifications, governmental investigations, OCR and AG enforcement actions, and data breach claims.
With an expertise in administrative law and litigation, Mark has significant experience assisting providers in defending against and appealing adverse administrative decisions. He has represented healthcare clients before numerous boards, administrative law judges, courts, tribunals, and State and federal agencies across the country. Agencies he regularly works with include boards of pharmacy, boards of health, the FDA, DEA, DOJ, CMS, state attorneys general offices, Medicaid Fraud Control Units (MFCU), the HHS Departmental Appeals Board (DAB), and accreditation bodies such as the National Association of Boards of Pharmacy (NABP). Representative health care clients include pharmacies, hospitals, Alternative Care Facilities (ACF), wholesale distributors, pharmacy benefit managers (PBMs), drug and device manufacturers, re-packagers, long-term care facilities, CLIA-certified clinical labs, and many other providers. He has prosecuted claims under state and federal versions of the Administrative Procedure Act (APA) nationally and has successfully challenged and reversed numerous unfavorable administrative decisions on judicial review.
His general litigation practice encompasses a variety of matters affecting businesses across numerous industries in state and federal trial and appellate courts nationally. Representative cases include prosecuting and defending claims of tortious interference with contract, negligence, fraud, breach of contract, constitutional and civil rights claims, and emergency injunctive relief. He also assists clients in responding to non-party subpoenas, governmental demands for information, and advises on electronic/ESI discovery matters. Mark is a member of the Trial Bar for the U.S. District Court for the Northern District of Illinois and has been admitted pro hac vice in courts around the country.
Before joining Quarles & Brady LLP, he served as an assistant attorney general with the Illinois Attorney General’s Office, where he represented the State of Illinois and its agencies before state, federal, and administrative courts in a variety of civil and criminal actions. Prior to practicing law, Mark served as the executive director for the Indiana Board of Pharmacy, where he oversaw the day-to-day operations of the board’s compliance, licensing, enforcement, and discipline of regulated providers statewide. He also previously worked with the Illinois Department of Financial and Professional Regulation (IDFPR) Prosecutions Bureau in Chicago.
In 2012, the Illinois Supreme Court’s Attorney Registration and Disciplinary Commission (ARDC) appointed Mark to serve as a member of the hearing board, which hears contested cases and makes recommendations for the discipline of attorneys charged with professional misconduct. In 2020, the commission reappointed him to a third term.
Mark is also committed to pro bono service. He maintains an active pro bono practice nationally and previously served as the firm's Pro Bono coordinator for the Chicago office.
- Lead counsel in successfully defeating emergency motion for TRO and preliminary injunction filed in federal court against PBM on pharmacy network access issue; obtained dismissal of all claims including federal Sherman Act anti-trust claim; affirmed on appeal at Sharif Pharmacy, Inc. v. Prime Therapeutics, LLC, 950 F.3d 911 (7th Cir. 2020).
- Counsel of record in trial court and Illinois Appellate Court case involving the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA); successfully dismissed the state’s petition to enforce subpoenas seeking privileged patient safety work product transmitted to component Patient Safety Organization (PSO), and affirmed on appeal. Case reported at Illinois Department of Financial and Professional Regulation v. Walgreen Co., 2012 IL App (2d) 110452, 970 N.E.2d 552 (Ill. App. Ct. 2d Dist. 2012).
- Appointed as Special Assistant Corporation Counsel by the City of Chicago serving as outside general counsel to McCormick Place Alternative Care Facility (ACF) during city's COVID-19 pandemic public health response in 2020.
- National counsel to pharmacies, pharmacists, wholesale distributors, and other providers in disciplinary and regulatory matters pending before boards of pharmacy, the U.S. Drug Enforcement Administration (DEA), and other governmental agencies across the country.
- National counsel to leading CLIA-certified clinical laboratory providing COVID-19 testing services across the country on a variety of legal, regulatory, and compliance issues.
- Successfully reversed numerous HHS/CMS revocations of DMEPOS and Medicare billing privileges for individual and other providers around the country—both through informal settlement and on administrative appeal.
- Represented hospital corporation and other providers in federal Medicare and Medicaid fraud investigation; led effort to collect and review documents and electronic data in response to criminal subpoenas from U.S. Department of Justice; retained by debtor and appointed as special litigation, regulatory, and transactional counsel in bankruptcy court to assist in asset sale and regulatory matters involving the Centers for Medicare and Medicaid Services (CMS) and Illinois Department of Public Health.
- Supervised the collection and review of millions of documents in a federal OIG administrative subpoena in a Medicare fraud qui tam investigation; interfaced with assistant U.S. Attorney to reduce scope of subpoena, managed production issues, and reduced risk to client after government declined to intervene and Relator voluntarily dismissed fraud claims with prejudice.
- Successfully defeated pharmacy’s emergency motion for TRO filed against Pharmacy Benefits Manager (PBM) client in the Circuit Court of Cook County in a suit involving termination of participation in PBM network; plaintiff eventually took voluntary dismissal of complaint based on arguments raised in motion to dismiss.
- Successfully obtained TRO in federal court on behalf of pharmacy provider association and certain providers to temporarily halt the effective date of a state regulation decreasing Medicaid reimbursement rates.
- Lead counsel in evidentiary hearings and appeals to U.S. Department of Health and Human Services Departmental Appeals Board contesting imposition of civil monetary penalties and other sanctions for long-term care facility clients.
- Lead trial counsel in appointed pro bono litigation in the U.S. District Court for the Northern District of Illinois for a pre-trial detainee in a Section 1983 deliberate indifference claim against a county jail. Successfully defeated substantial portion of county’s motion for summary judgment after extensive discovery; ultimately negotiated a favorable settlement for client prior to jury trial. Ebrahime v. Dart, et al., 09 C 1534 (N.D. Ill. 2013).
- Litigation & Dispute Resolution
- Health Litigation
- Health & Life Sciences
- Data Privacy & Security
- White Collar Crime and Internal Investigations
Education and Honors
- University of Illinois Chicago School of Law (J.D., 2006)
- John Marshall Law Review (Staff Editor)
- Indiana University (B.A., with distinction, 2000)
- Major: Political Science
- District of Columbia
- U.S. Court of Appeals, 7th Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Central District of Illinois
- U.S. District Court, Southern District of Illinois
- U.S. District Court, Northern District of Indiana
- U.S. Supreme Court
- U.S. District Court, Northern District of Texas
Professional and Civic Activities
- American Health Lawyer Association (AHLA) Healthcare Liability and Litigation Practice Group’s 2015-2016 Leadership Development Program (Member)
- Chicago Volunteer Legal Services (CVLS – Member, Board of Directors)
- Pro Bono Coordinator for Quarles & Brady Chicago Office
- ISBA Bringing the Courtroom to the Classroom Program (Participant)
- The Economic Club of Chicago (Member)
- City of Highland Park Zoning Board of Appeals (Member)
- Hearing Board of the Illinois Attorney Registration and Disciplinary Commission (Member)
- Federal Bar Association (Member)
- American Society for Pharmacy Law (Member)
- Chicago Bar Association (Member)
- Illinois State Bar Association (Member)
- American Bar Association – Section of Litigation (Member)
- John Marshall Young Alumni Council (Member)
- Judicial Evaluation Committee for the Chicago Bar Association (Investigation & Hearings Division)
- Illinois Association of Health Care Attorneys (Member)
- American Health Law Association (Member)
- Illinois Homecare Council (Associate Member)
- Illinois Health Care Association (Associate Member)
- Award for Excellence in Pro Bono Service – awarded by the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association (2013)
- Illinois Super Lawyers®, Healthcare, 2020, 2021
- Illinois Super Lawyers® Rising Stars, Healthcare, 2014-2017