Photo of Mark D. Chouteau

Mark's practice encompasses transactional, regulatory and compliance areas of health care law. Mark has many years of experience advising clients on structuring business relationships to comply with health care regulations and the Stark and Anti-Kickback laws. He also is experienced with representing health care entities and providers before health regulatory agencies, the Texas Attorney General and the federal and state Health and Human Services Offices of Inspector General. These experiences and knowledge also allow Mark to provide meaningful insight in performing due diligence for health care acquisitions.

In August 2002, the United States Health and Human Services Office of Inspector General (HHS-OIG) issued a Special Advisory Bulletin relating to offering gifts and inducements to beneficiaries of Title XIX (Medicaid) programs.  Since the States operate their Medicaid programs under the direction of HHS-CMS, it has generally been considered in the health law community

On August 10, 2012, HHSC-OIG posted proposed regulations that would expand the power and reach of the Office of Inspector General.  These regulations broaden the net so that persons who are affiliated with a provider can be sanctioned along with a provider as a result of such affiliation, and “affiliate” is broadly defined.  These regulations