About Mark

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

Experience in Action

  • 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.
  • Managing the day-to-day legal operations of health care providers as outside general counsel.
  • 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.
  • National counsel to leading CLIA-certified clinical laboratory providing COVID-19 testing services across the country on a variety of regulatory and compliance issues.

Successes

  • Appointed by City of Chicago to serve as chief legal officer, managing all regulatory and legal issues for the 3,000-bed, McCormick Place Alternative Care Facility, 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 7th 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.

Professional Recognitions

  • Illinois Super Lawyers,® Healthcare, 2020, 2021, 2022, 2023
  • Illinois Super Lawyers® Rising Stars, Healthcare, 2014-2017
  • 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)

Professional & Civic Activities

  • Pro Bono Coordinator for Quarles & Brady Chicago Office, 2018-2019
  • American Health Lawyer Association (AHLA) Healthcare Liability and Litigation Practice Group’s 2015-2016 Leadership Development Program (Member)
  • Hearing Board of the Illinois Attorney Registration and Disciplinary Commission (Member, 2012-2022)
  • Healthcare Litigation Team (Co-Chair)
  • Federal Bar Association (Member)
  • Illinois State Bar Association (Member)
  • Chicago Bar Association (Member)
  • American Bar Association – Section of Litigation (Member)
  • American Health Law Association (Member)
  • American Society for Pharmacy Law (Member)
  • Illinois Association of Health Care Attorneys (Member)
  • The Economic Club of Chicago (Member)
  • Illinois Homecare Council (Associate Member)
  • Illinois Health Care Association (Associate Member)
  • Chicago Volunteer Legal Services (CVLS – Former Director, Board of Directors)
  • Judicial Evaluation Committee for the Chicago Bar Association (Former Member, Investigation & Hearings Division)
  • City of Highland Park Zoning Board of Appeals (Former Member)
  • Illinois Attorney General’s Office, Assistant Attorney General
  • Indiana Board of Pharmacy, Executive Director

News & Insights

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