Mark S. Kennedy

Mark S. Kennedy is the founder and director of KENNEDY, Attorneys and Counselors at Law, a firm focused on health law and regulatory compliance. Mark is a member of the State Bar of Texas, Dallas Bar Association and Executive Health Council, Oklahoma Bar Association, and American Health Lawyers Association.

Prior to private practice, Mark spent nine years as Assistant Regional Counsel to the U.S. Department of Health and Human Services (HHS), representing the Health Care Financing Administration, Inspector General, and other departmental agencies in federal trial, appellate courts, and administrative tribunals. As lead litigation attorney for a 5-state region, he represented the government in numerous Medicare/Medicaid payment disputes, as well as fraud and abuse enforcement, health and safety compliance, and provider bankruptcy. As a result of his work he was honored with the HHS General Counsel’s Excellence in Legal Services Award. Prior to the HHS, Mark was associate counsel for Blue Cross and Blue Shield of Oklahoma and BCBS of Tennessee.

Mark’s broad-based experience, in-depth knowledge of healthcare regulation, and unique understanding of government decision-making procedures sets him apart from his peers, enabling results-oriented, successful representation of clients in a wide array of civil and regulatory matters.

AREAS OF PRACTICE [Click Here to Expand/Contract Section]

  • Health Law and Regulatory Compliance
  • Medicare/Medicaid Payment & Reimbursement
  • Healthcare Fraud and Abuse
  • Health Standards and Quality Compliance
  • Healthcare Transactions and Contracting
  • Hospitals and ancillary Providers
  • Employment Law
  • Medicare, Medicaid and Insurance
  • State Licensure
  • Medicare Certification
  • Healthcare Related White Collar Crime
  • False Claims and Qui Tam Medicare
  • Provider Terminations and Exclusion
  • Civil Monetary Penalties
  • Medical Licensing Boards
  • Peer Review and Credentialing
  • COBRA "Dumping" Sanctions
  • Provider & Practitioner Bankruptcy

LEGAL POSITIONS [Click Here to Expand/Contract Section]

  • KENNEDY Attorneys & Counselors at Law, Director
    Dallas, Texas (2002 - Present)
  • Cochran and Cochran, P.C., Associate Attorney
    Dallas, Texas (1997 - 2002)
  • Office of General Counsel, U.S. Department of Health & Human Services,
    Assistant Regional Counsel / Lead Attorney Litigation
    Dallas, Texas (1988 - 1997)
  • Blue Cross and Blue Shield of Tennessee, Counsel
    Chattanooga, Tennessee (1987 - 1988)
  • Blue Cross and Blue Shield of Oklahoma, Counsel
    Tulsa, Oklahoma (1986 - 1987)
  • Mattoon Law Offices, Law Clerk
    Norman, Oklahoma (1985)
  • Sherman, Pool, Thompson, Coldiron & Blankenship, Law Clerk
    Oklahoma City, Oklahoma (1984 - 1985)
  • McGee & Ketchum, Undergraduate Intern
    Washington, D.C. (1980)

LICENSED AND ADMITTED TO PRACTICE [Click Here to Expand/Contract Section]

  • Supreme Court, State of Texas
  • Supreme Court, State of Oklahoma
  • United States Court of Appeals, Fifth Circuit
  • United States District Court, Northern District of Texas

EDUCATION [Click Here to Expand/Contract Section]

  • University of Oklahoma, Juris Doctor, 1985
  • University of Oklahoma, Bachelor of Arts (Political Science), 1982

PROFESSIONAL ASSOCIATIONS [Click Here to Expand/Contract Section]

  • State Bar of Texas (Member, Health Law Section)
  • Oklahoma Bar Association (Member, Health Law Section)
  • Dallas Bar Association (Member, Health Law Section)
  • Health Law Executive Council, Dallas Bar Association
  • American Health Lawyers Association

PUBLICATIONS, PRESENTATIONS AND SEMINARS [Click Here to Expand/Contract Section]

  • Exclusion: the Death Penalty for a Healthcare Provider
    Mark S. Kennedy & Jennifer Conatser, The Provider Press, Medical Equipment Suppliers Association (MESA),
    February/March 2007
  • Practical Steps to Keep the Money Flowing
    Mark S. Kennedy & Jennifer Conatser, The Provider Press, Medical Equipment Suppliers Association (MESA), December/January 2007
  • Dallas Southwest Orthopedic & Sports Medicine Symposium
    The Methodist Hospital of Dallas, Texas 2006
  • The First Annual Southwest Dallas Dementia Symposium
    The Methodist Hospital of Dallas, Texas 2006
  • Litigation Stampede: Liability and Risk Management
    Oklahoma Assisted Living Associations, Spring Conference, Fort Worth, Texas 2001
  • Suspension, Recoupment and Other Payment Hurdles
    Lorman’s Medicaid, Medicare, and Medical Assistance, Fort Worth, Texas 2001
  • Dealing Effectively with Government Payment Slowdowns and Suspension
    Lorman’s Texas Collections from Insurance Companies, Fort Worth, Texas 2001
  • Seven Steps to Medicare Compliance
    Family Practice Management Journal, The American Academy of Family Physicians, Vol. 8 No. 1, January 2001
  • Managed Risk and Other Oxymorons
    Oklahoma Assisted Living Associations, Fall Conference, Tulsa, Oklahoma, 2000
  • Medicare Suspension and Recoupment
    Lorman’s Medicaid, Medicare, and Medical Assistance, Fort Worth, Texas 2000
  • Knowing the Players and the Tilt of the Field
    Medicare and Medical Assistance, Fort Worth, Texas 2000
  • Healthcare Law for Bankruptcy Lawyers
    National Conference of Bankruptcy Judges, Dallas, Texas 1998
  • Administrative Enforcement of Healthcare Sanctions
    Dallas Bar Association (Health Law Section), Dallas, Texas 1998
  • Conducting Internal Investigations Seminar
    Clinical, Legal and Reimbursement Issues in Home Care, Gregg & Company, Certified Public Accountants, Lake Tahoe, Nevada, 1997
  • Avoiding Mistakes During Survey and Audit of Home Health Agencies Seminar
    Clinical, Legal and Reimbursement Issues in Home Care, Gregg & Company, Certified Public Accountants, Branson, Missouri, 1997
  • Administrative Enforcement of Health Care Fraud Sanctions Seminar
    Legal and Reimbursement Issues in Home Care, Gregg & Company, Certified Public Accountants, Padre Island, Texas 1997
  • Administrative Law Primer Annual Surveyor Conference
    Health Care Financing Administration, San Antonio, Texas 1993
  • Bankruptcy and Medicare, Annual Institute on Medicare and Medicaid Payment Issues
    National Health Lawyers Association, Baltimore, Maryland, 1992
  • Medicare Secondary Payor Update
    Medicare Outreach Program, Blue Cross and Blue Shield of Tennessee, Nashville, Tennessee, 1987
  • Medicare and Your Client, Representing an Elderly Client
    Indiana Continuing Legal Education Forum, Indianapolis, Indiana, 1987
  • Medicare Secondary Payor Update
    Medicare Outreach Program, Blue Cross and Blue Shield of Oklahoma, Tulsa, Oklahoma, 1986

HONORS AND RECOGNITION [Click Here to Expand/Contract Section]

  • Health Law Executive Council, Dallas Bar Association
  • Health Care Financing Administration's Attorney Recognition Award
  • Regional Director's Leadership Award
  • Health Standards and Quality's Attorney Recognition Award
  • General Counsel's Excellence in Legal Services Award
  • General Counsel's Certificate of Commendation
  • Alpha Nu Honor Society
  • American Studies Program, Undergraduate Honors Political Science, Washington, D.C.

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