Nelson Hardiman - HealthCare Lawyers

Mark Hardiman

Mark Hardiman
Mark Hardiman
Founder & Partner

T: 310.203.2800
F: 310.203.2727

LinkedIn
PDF BIO Download
Admissions

State Bar of California
U.S. Court of Appeals for the Ninth Circuit
U.S. District Courts for the Central, Eastern, Northern and Southern Districts of California

Affiliations

American Health Lawyers Association
California Society for Healthcare Attorneys

Education

Boston University School of Law, J.D., cum laude
Princeton University, A.B.

A serial triathlete and marathon runner, Mark Hardiman brings the same rigor and determination in crossing the finish line to successfully resolve the most difficult cases facing his clients. Mark has more than 15 years of experience representing healthcare providers in complex litigation matters, including federal and state criminal investigations, false claims and other civil lawsuits, and administrative proceedings before federal and state agencies. He also regularly advises clients on regulatory compliance issues, including with respect to internal investigations, voluntary disclosures of overpayments, and possible violations of the False Claims Act (“FCA”), federal anti-kickback statute and the Stark Law.

Powerful Defense of Healthcare Providers in Criminal and Civil Fraud Actions

As a veteran trial lawyer and litigator, Mark’s experience includes 22 jury trials, eight appeals before the Federal Circuit Courts of Appeals, and three appeals before the California Court of Appeal. Mark spent more than eight years as a federal prosecutor with the United States Attorney’s Office in Los Angeles, where he prosecuted major fraud and other criminal cases. Before co-founding Nelson Hardiman, Mark was a partner at a law firm dedicated solely to the representation of healthcare providers and suppliers, where he focused on the defense of healthcare criminal and civil fraud actions and investigations.

National Reputation Defending False Claims Act Lawsuits

Mark has established our national reputation for work on behalf of hospitals and other healthcare providers that are sued by whistleblowers and/or the federal government for submitting false claims for medical services and items to Medicare and other federal health care programs in violation of the FCA. He has particular expertise in FCA cases involving alleged lack of medical necessity based on physician decision-making and standard of care violations, kickback and Stark Law violations, and upcoding.

A Broad Range of Healthcare Litigation Experience

Mark has represented hospitals, skilled nursing home facilities, home health agencies, clinical laboratories, physician medical groups, pharmacies, ambulance companies, IDTFs, management companies, and individual providers in federal and state criminal and civil investigations and cases filed throughout the United States:

  • His criminal experience includes defending providers against charges of conspiracy, healthcare and insurance fraud, false statements, kickbacks, unlawful prescribing, elder abuse, and manslaughter, and representing providers who are the targets or subjects of a criminal investigation.
  • His FCA experience includes defending providers against alleged claims involving unnecessary services and non-reimbursable costs, kickbacks and Stark Law violations, improper coding, and services that did not otherwise comply with regulatory payment conditions.
  • His civil litigation experience includes representing providers in payment disputes with managed care plans, and in business disputes involving breach of contract, unfair competition and other claims, both in court and in arbitrations.
  • His administrative litigation experience includes representing providers in Medicare or Medi-Cal administrative proceedings and related court proceedings, including coverage appeals and program exclusion actions, and in voluntary disclosures of possible FCA violations under the U.S. Department of Health & Human Services Office of Inspector General’s Provider Self-Disclosure Protocol and Stark Law violations under the Center for Medicare and Medicaid Services’ Voluntary Self-Referral Disclosure Protocol.

Accolades

Benchmark Litigation named Mark a Litigation Star in 2018. In 2019, The Legal 500, one of the premier legal research, ranking, and publishing firms in the world, singled out Mark for leading the firm’s FCA litigation practice. The Best Lawyers in America (2021 Edition) recognized Mark for the sixth straight year while Southern California Super Lawyers named him to its list for the sixth consecutive year. Before entering private practice, Mark was the recipient of Attorney General Janet Reno’s John Marshall Award, the United States Chief Postal Inspector’s Special Award, and twice received the United States Department of Justice Special Achievement Award.

Life Outside the Firm

Similarly at ease with daunting challenges outside the courtroom, Mark has completed the Los Angeles Marathon twice, the San Diego Marathon twice, the ChesapeakeMan ultra-distance triathlon and the Florida Ironman triathlon. After college, Mark served as an infantry officer in the United States Army Reserve for six years.

Healthcare Crimes

  • In a federal criminal case charging a respiratory therapist with healthcare fraud relating to sleep studies, settled the case with a guilty plea to a misdemeanor tax charge and the dismissal of all fraud charges.
  • In a federal case charging a physician with healthcare fraud at various clinics, obtained a dismissal of all charges.
  • In a state criminal case charging a skilled nursing facility with elder abuse after a resident committed suicide, obtained a dismissal of all charges.
  • In a federal criminal case charging a physician with illegal distribution of controlled appetite suppressants over the Internet, obtained a dismissal of all charges after a two-month trial ended with the jury deadlocked 10-2 in favor of not guilty.
  • In a state criminal case charging a skilled nursing facility with involuntary manslaughter and elder abuse after a patient died from respiratory failure, obtained a dismissal of all charges.

False Claims Act

  • In a non-intervened FCA case against a hospital alleging false claims for unnecessary and duplicative laboratory testing, obtained summary judgment in the hospital’s favor which was not appealed.
  • In an FCA case against a hospital that allegedly paid kickbacks to a partial hospitalization program, obtained a dismissal of the case which was not appealed.
  • In a non-intervened FCA case alleging a hospital’s submission of false claims for clinic office visits, obtained summary judgment in the system’s favor which was affirmed on appeal.
  • In an FCA investigation of a medical group for allegedly submitting false claims for oncology drugs, obtained a favorable government decision not to file a case.
  • Favorably settled whistleblower lawsuits on behalf of one of the largest health systems in the country.

Constitutional Right of Privacy

  • Successfully petitioned the California Supreme Court for review of psychotherapists’ challenge to the invasion of patients’ privacy rights in psychotherapeutic communications.

Mark’s representative cases include the following published opinions:

  • False Claims Act: Zeman ex rel. U.S. v. USC University Hosp., 664 Fed. Appx. 641 (9th Cir. 2016)
  • False Claims Act: S. ex rel. Hockett v. Columbia/HCA, 498 F.Supp.2d 25 (D.D.C. 2007)
  • Medicare Act: Alvarado Hospital, LLC v. Price, 868 F.3d 983 (Fed. Cir. 2017)
  • Medicare Fraud: S. v. SDI Future Health, Inc., 568 F.3d 684 (9th Cir. 2009)
  • Medicare Overpayment: Palomar Medical Center v. Sebelius, 693 F.3d 1151(9th Cir. 2012)
  • Prescription Fraud: S. v. Jackson, 167 F.3d 128 (9th Cir. 1999)
  • Privacy Rights: Mathews v. Harris, 7 Cal. App.5th 334 (2017), review granted

HEADLINES

8 Nelson Hardiman Attorneys Named to the 2021 Southern California Super Lawyers List

January 28, 2021

Nelson Hardiman Recognized by U.S. News & World Report’s “2021 Best Law Firms in America” for Health Care Law

November 11, 2020

Best Lawyers in America 2021 Recognizes Five Nelson Hardiman Attorneys

August 20, 2020

The Best Ideas on the Direction of Healthcare: Where We are Headed Post-PHE

July 1, 2020

Founding Partners Harry Nelson and Mark Hardiman recognized as Top Healthcare Lawyers of 2020

April 22, 2020

10 Nelson Hardiman Partners Named to the 2020 Southern California Super Lawyers List

January 15, 2020

Nelson Hardiman Recognized by U.S. News & World Report’s “2020 Best Law Firms in America” for Health Care Law

November 6, 2019

Best Lawyers in America 2020 Recognizes Six Nelson Hardiman Attorneys

August 15, 2019

The Legal 500 Recommends Nelson Hardiman

June 4, 2019

Client Alert: Covidien Settlement Confirms US DOJ’s Willingness to Pursue Healthcare Kickback Cases Based on Non-Monetary Remuneration to Potential Referral Sources

March 27, 2019

7 Nelson Hardiman Attorneys Named to the 2019 Southern California Super Lawyers List

January 30, 2019

Nelson Hardiman Prevails on False Claims Act “Whistleblower” Suit Alleging Anti-Kickback Violations

January 22, 2019

After a banner year of growth, Nelson Hardiman announces new management structure and new partners

December 24, 2018

Nelson Hardiman is the Largest Healthcare firm in Los Angeles

November 29, 2018

Nelson Hardiman Ranked 2019 Top Tier Healthcare Law Firm by U.S. News & World Report

November 1, 2018

Best Lawyers in America 2019 Recognizes Four Nelson Hardiman Attorneys

August 15, 2018

4 Nelson Hardiman Attorneys Named to Southern California Super Lawyers List

January 30, 2018

Three Nelson Hardiman Attorneys Complete Palm Springs Triathlon

December 12, 2017

Banner Year of Recognition for Nelson Hardiman

August 16, 2017

Three Nelson Hardiman Attorneys Named to 2018 Best Lawyers in America List

August 15, 2017

Nelson Hardiman Wins False Claims Act Case on Behalf of Southern California Hospital

July 5, 2017

Nelson Hardiman Partners Selected as California Super Lawyers for 2017

January 26, 2017

Nelson Hardiman Partners Honored as Best Lawyers in America for 2017

August 17, 2016

Nelson Hardiman Co-Founders Selected as California Super Lawyers for 2016

January 22, 2016

Nelson Hardiman Partners All Named to Best Lawyers in America for 2016

August 13, 2015

Nelson Hardiman Co-Founders Named California Super Lawyers for 2015

January 30, 2015

Nelson Hardiman Obtains Dismissal of False Claims Lawsuit Against Hospital

December 19, 2014

Nelson Hardiman Welcomes New Partner Mark Hardiman

June 28, 2013

View More

PUBLICATIONS

8 Nelson Hardiman Attorneys Named to the 2021 Southern California Super Lawyers List

Super Lawyers

January 28, 2021

10 Nelson Hardiman Partners Named to the 2020 Southern California Super Lawyers List

Super Lawyers

January 15, 2020

California Hospital Compliance Manual

California Hospital Association (2011-2013)

February 1, 2013

SPEAKING ENGAGEMENTS

How to handle restructuring or closure of your business in the wake of Covid?

Nelson Hardiman Healthcare Webinar Event

Aug 12, 2020

Navigating the Perplexing Issues Around Reopening your Medical Spa in the time of COVID-19

Medical Spa Power Summit

Jun 20, 2020

Overview on State-Based Rules and Regulations Affecting the Medical Spa and Esthetic Industry

American Academy of Facial Esthetics - Medspa Business Academy (MBA)

Dec 07, 2019

Overview on State-Based Rules and Regulations Affecting the Medical Spa and Esthetic Industry

American Academy of Facial Esthetics - Medspa Business Academy (MBA)

Nov 02, 2019

Patient Brokering Laws and Other Compliance Hot Topics: Is Your Center Prepared to Defend Itself Against Legal Challenges? Are You Sure? What You Need to Know and Do Now

Treatment Center Executive & Marketing Retreat (TCEM)

Jun 11, 2019

Ethics: Considerations in FCA Litigation

4th Annual Qui Tam Conference | San Francisco, CA

Jan 22, 2018

Pre-Trial Pleadings and Discovery in FCA Cases

27th Annual National Institute on Health Care Fraud | Fort Lauderdale, FL

May 17, 2017

Qui Tam False Claims Act Litigation

CLE International Conference

Nov 03, 2016

To Qui Tam or Not to Qui Tam: That is the Question

Beverly Hills Bar Association

Jun 06, 2016

Practitioners Perspectives on Qui Tam False Claims Act

2nd Annual Conference: Qui Tam False Claims Act | San Francisco, CA

Oct 27, 2014

View More
July 1, 2020
Los Angeles, CA
Nelson Hardiman Webinar Event
Scroll

Any Questions? We are Here to Help!

    Please subscribe me to the Nelson Hardiman Firm Newsletter
    Close