Managed Healthcare Industry Forum Presents:

How Health Plans Can Survive Reform

Monday, June 28, 2010 • New York City

BIOGRAPHICAL PROFILE

Mark Lutes Member of the Firm EpsteinBeckerGreen

MARK E. LUTES is a Member of the Firm in the Health Care and Life Sciences Practice and serves on the firm's Board of Directors. He has practiced with the firm for 26 years. Prior to that he was a legislative adviser to the Federal Trade Commission. He also offers strategic counsel in health policy and on reimbursement strategy through the firm's affiliates EBG Advisors, Inc. and National Health Advisors, LLC.
Mr. Lutes is a leader in the firm's representation of private equity and financial services firms with health care companies in their portfolios. He routinely deploys multidisciplinary teams of attorneys, reimbursement specialists, engineers and scientists, to assess the reimbursement, FDA and other domestic and international regulatory approvals, fraud and abuse compliance, CMS and legislative landscapes and other issues impacting proposed client investments in health care companies. Mr. Lutes combines experience with the corporate aspects of transactions with his deep experience in health care compliance issues to provide clients with practical advice in the negotiation of warranty and indemnification issues and in assessing risk factors in health and life science deals. He has advised on the largest transactions in the health care market including services, pharmaceutical and device companies.
Mr. Lutes is also an experienced antitrust counselor to health care companies contemplating mergers or acquisitions and has facilitated the antitrust clearance of numerous significant hospital mergers. He has managed the defense of high profile healthcare antitrust actions by the FTC.
Mr. Lutes has a deep understanding of managed care markets and regulation. He is consulted by a variety of providers and payors in structuring innovative payment arrangements. Additionally, he counsels on hospital and physician ventures and compliance issues and in the area of information privacy and security. Mr. Lutes has developed privacy and security audit tools which support client compliance needs.
He has been honored as a Washington DC "Super Lawyer" and by Nightingales as a leading health care antitrust lawyer. He is Chambers rated.
Typical engagements include:

• Health regulatory diligence, deal document, offering document review for lenders and investors
• Antitrust counseling in structuring hospital mergers and obtaining Hart Scott Rodino clearance
• Practice before the FTC and DOJ defending health care organizations under antitrust investigation
• Advising early stage companies with new medical technologies with respect to coding and Medicare and commercial coverage and payment strategies
• Corporate and regulatory advice to hospital systems structuring traditional and non traditional affiliation arrangements including not for profit "conversions" and physician collaborations
• Structuring managed care, DME and other health care company acquisitions and joint ventures

Mr. Lutes is active in his parish and serves as Chair of the Advisory Board of the Spanish Catholic Center, a social and health services nonprofit. He is a recipient of the Caritas Award from Catholic Charities of the Archdiocese of Washington, DC. Mr. Lutes also has over a decade of service in leadership in the Boy Scouts of America organization.