Mark E. Lutes

Overview

Industry Leadership

Mark Lutes serves and advocates on behalf of clients through two consultancies focused on the health care industry:

EBG Advisors, Inc., is a Washington, DC-based consultancy that takes a multidisciplinary approach to helping health care and life sciences companies navigate the many obstacles that they face. EBG Advisors is a network of international attorneys, policy analysts, strategists, and other professionals who specialize in providing coordinated guidance and solutions across various segments of the health care industry.
National Health Advisors is a consultancy dedicated to the provision of legislative and regulatory advocacy. No other consultancy matches National Health Advisors’ depth of expertise in helping a wide range of organizations navigate and influence policies that affect the U.S. health care system. National Health Advisors gives health, education, and not-for-profit institutions a strong voice in the halls of Congress and throughout federal administrative agencies.

In addition, Mark serves in various industry leadership roles, including as a member of the Board of Directors of:

Health Insights, a not-for profit organization that provides a forum for chief executive officers from many of the nation’s major hospitals and health systems and the companies supporting the industry to learn from one another, share experiences in an open environment, and discuss opportunities and challenges of the past, present, and future. Mark serves as Chair of the Health Insights Board of Directors.
Network for Excellence in Health Innovation (NEHI), a national nonprofit, nonpartisan organization composed of stakeholders from across all key sectors of health and health care; NEHI’s mission is to advance innovations that improve health, enhance the quality of health care, and achieve greater value for the money spent. Mark serves as Chair of the NEHI Board of Directors.

Focus Areas

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.
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.

View All Experience

Recognition

Chambers USA: America's Leading Lawyers for Business, District of Columbia—Healthcare (2010 to 2023)
The Best Lawyers in America^©, Health Care Law (2017 to 2023)
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 2023)
Washington, DC, Super Lawyers, Health Care and Antitrust Litigation (2007 to 2010, 2013 to 2023)
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)

Credentials

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)