Mark S. Kennedy

“Mark S. Kennedy”

Attorney At Law and Firm Director

Kennedy-Attorneys-and-Conselors-at-Law-Mark-Kennedy-FounderMark S. Kennedy is the founder of KENNEDY, Attorneys and Counselors at Law, a health law firm in Dallas Texas. Mark focuses his practice in health law and regulatory compliance. He has handled a wide array of cases and has broad based experience. He formerly was Assistant Regional Counsel to the U.S. Department of Health and Human Services. He served nine years in the Dallas Region and was lead litigation attorney for the 5-state region. He represented the Health Care Financing Administration (now Centers for Medicare and Medicaid Services, “CMS”), Inspector General, and other Departmental Agencies in the federal trial and appellate courts and various administrative tribunals.

He represented the government in a multitude of cases concerning Medicare and Medicaid involving payment and reimbursement disputes, fraud and abuse enforcement, health and safety compliance, and provider bankruptcy. Prior to his work with HHS, Mark was associate counsel for Blue Cross Blue Shield of Oklahoma and Blue Cross Blue Shield of Tennessee. In private practice, Mark’s depth of knowledge in healthcare regulation has proven to be an invaluable asset in successfully representing clients in a wide array of civil and regulatory matters. His background and experience provide him a unique understanding of government decision-making and procedures.

Mark’s broad based health care regulation background has brought him numerous honors including the HHS General Counsel’s Excellence in Legal Services Award (1992). He was selected to serve as a representative to the North Texas Health Care Fraud Working Group and as faculty of the National Health Lawyers Association. Mark is a member of the State Bar of Texas, Oklahoma Bar Association, American Health Lawyers Association,and participates in other State and Local professional associations. He also is a member of the Dallas Bar Association and was elected to its Executive Health Council.

Areas of Practice

  • 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

  • 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

  • Supreme Court of the United States
  • Supreme Court, State of Texas
  • Supreme Court, State of Oklahoma
  • United States Court of Appeals, Fourth Circuit
  • United States Court of Appeals, Fifth Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Tenth Circuit
  • United States District Court, Northern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Eastern District of Texas
  • United States District Court, Western District of Texas
  • United States District Court, Northern District of Oklahoma
  • United States District Court, Eastern District of Oklahoma
  • United States District Court, Western District of Oklahoma
  • United States District Court, Western District of Virginia
  • United States Federal Claims Court

Education

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

Professional Associations

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

Publications, Presentations, Seminars and Workshops

  • Medical Director Rules and Guidelines for Home Health Lifecare Oklahoma Webinar, February 2011
  • ZPIC Investigations Lifecare Oklahoma Webinar, December 2010
  • Fraud & Abuse; Corporate Compliance Texas Association for Home Care, Houston Texas November 2010
  • ZPIC Investigations Oklahoma Association for Home Care, Oklahoma City, July 2010
  • New Resident Introduction to Medicare Enforcement UT Southwestern, Dallas, TX October 2009
  • Corporate Compliance Oklahoma Association for Home Care, Oklahoma City, September 2008
  • New Resident Introduction to Medicare Enforcement UT Southwestern, Dallas, TX October 2008
  • New Accreditation Quality Standards for DMEPOS January 10, 2007
  • Home Health Administrator Training Seminars, Fraud & Abuse; Corporate Compliance MJS & Associates, LLC, Dallas, Texas, April 2007
  • Home Health Administrator Training Seminars, Fraud & Abuse; Corporate Compliance MJS & Associates, LLC, Houston, Texas, May 2007
  • Home Health Administrator Training Seminars, Fraud & Abuse; Corporate Compliance MJS & Associates, LLC, San Antonio, Texas, June 2007
  • Home Health Administrator Training Seminars, Fraud & Abuse; Corporate Compliance MJS & Associates, LLC, San Antonio, Texas, July 2007
  • 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

  • Health Care Financing Administration’s Attorney Recognitions (1992-1994)
  • Regional Director’s Leadership Award (1992)
  • Health Standards and Quality’s Attorney Recognition Award (1994)
  • General Counsel’s Excellence in Legal Services Award (1992)
  • General Counsel’s Certificate of Commendation (1991)
  • Alpha Nu Honor Society
  • American Studies Program, Undergraduate Honors Political Science, Washington, D.C.

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