Biography

Private equity sponsors trust Mark Lutes to help them understand the impact of regulatory compliance concerns on their health care industry investments. Mark draws on his nearly four decades of experience to analyze investments and distinguish temporary challenges from serious red flags. Under his direction, the country’s largest team of health care compliance lawyers, reimbursement consultants, engineers, and scientists reviews the nuanced regulatory concerns of life sciences companies, health care service providers, and suppliers. Investors use his assessments to evaluate their potential exposure, quantify and limit their risk, and avoid future surprises.

Mark also advises large hospital systems in their mergers, acquisitions, and joint ventures. Clients rely on his insight into evolving state and federal health care finance and policy trends to structure transactions with other hospital systems, physician groups, and managed health care plans. His prior experience as a legislative adviser to the Federal Trade Commission informs his knowledge of federal antitrust enforcement. Based on his appreciation of the underlying economic, financial, and strategic possibilities of a transaction, Mark helps clients understand what they are buying and protect themselves against risk.

Through the firm's affiliates EBG Advisors, Inc., and National Health Advisors, LLC, Mark offers strategic counsel in health policy and on health care reimbursement changes. He also provides workforce management consulting to a wide range of industry stakeholders across financial services, health care, life sciences, hospitality, retail, technology, media, and telecommunications.

Experience

  • Advised Summit Partners on the $1.4 billion acquisition of the largest health maintenance organization in Puerto Rico. Mark and his team handled the complex state and federal regulatory schemes, approvals in multiple jurisdictions, and compensation from the feds and state to the health plan and from the health plan to the provider network.
  • Guided the formation of Prisma Health, a multihospital system in South Carolina, in the combination of Palmetto Health and the Greenville hospital system. The consolidation permitted coordinated care across the South Carolina Midlands and Upstate regions.
  • Achieved a significant appellate victory for a longtime hospital system client in an antitrust case brought by a former competitor. Mark and his team convinced the U.S. Court of Appeals for the Fourth Circuit to affirm the judgment of the lower court, dismissing with prejudice all of the plaintiffs’ 11 antitrust claims under the Sherman and Clayton Acts against the hospital system.
  • Managed diligence and health regulatory issues pertaining to a $4.4 billion SPAC acquisition of a Medicare Advantage risk-assuming physician group.
  • Advised the sponsors in the merger of Great Lakes Caring, National Home Health Care, and Jordan Health Service, a deal that created one of the largest home-based care services in the United States.
  • Led a team in successfully reversing a Centers for Medicare & Medicaid Services action to exclude a private equity-backed post-acute company from Medicare participation.
  • Led a team that advised Apax on regulatory matters in all phases of the acquisition, growth, and successful $1 billion sale of a generic drug company.
  • Served as regulatory counsel to Apax in the $6.3 billion acquisition of KCI, a life sciences wound management company (now Acelity).
  • Managed regulatory support to Altaris in the carve-out of Kindeva, a global drug delivery business, from 3M for $650 million.
Education
  • Georgetown University Law Center (J.D., with honors, 1983)
  • Rutgers University (M.P.A., 1979)
    • Eagleton Institute of Politics, H.E.W. Public Service Fellow
  • Georgetown University School of Foreign Service (B.S.F.S, with honors, 1978)
Bar Admissions
  • District of Columbia
  • Maryland
Memberships
  • American Bar Association, Antitrust and Insurance Sections
  • American Health Lawyers Association
  • District of Columbia Bar, Health Law Committee
  • Maryland Bar Association, Health Law Committee
Board of Directors
  • Epstein Becker Green
  • Health Insights
  • Network for Excellence in Health Innovation (NEHI)
Recognition
  • Chambers USA: America's Leading Lawyers for Business, Leader in District of Columbia—Healthcare (2010 to 2021)
  • The Best Lawyers in America©, Health Care Law (2017 to 2021)
  • The Legal 500 United States, Healthcare: Advice to Health Insurers, Healthcare: Advice to Service Providers, and M&A: Middle Market (Sub $500 Million) (2014 to 2021)
  • Washington DC Super Lawyers, Health Care and Antitrust Litigation (2007to 2010, 2013 to 2021)
  • Who's Who Legal: Healthcare, 2020
  • BTI Client Service All-Stars list, Recognized for superior client focus, innovative thought leadership, unmatched business understanding, legal skills, outsized value, and outstanding results (2016)