Mark W. Bina

Associate

Mark Bina is an associate in Krieg DeVault's Chicago office. He is a member of the firm's Health Care, Litigation, Employment, Business, Appellate, and Creditors' Rights and Bankruptcy Practice Groups. Mr. Bina represents a broad range of clients in litigation, transactional, and regulatory matters. In his health care practice, Mr. Bina represents clients facing governmental investigations and prosecutions, Medicare and Medicaid false claim actions, license and disciplinary matters, administrative review appeals of governmental agency decisions, and general litigation disputes. Mr. Bina’s practice also includes employment law, appeals, creditors’ rights, and commercial litigation matters in state and federal courts.

Mr. Bina is a member of the Trial Bar for the U.S. District Court for the Northern District of Illinois. In his pro bono practice, Mr. Bina was appointed lead trial counsel to represent a pre-trial detainee in a federal civil rights suit.

Since 2009, Mr. Bina has been a member of the Chicago Bar Association’s Judicial Evaluation Committee, serving on both its Investigation and Hearing Divisions. In 2012, the Illinois Supreme Court’s Attorney Registration and Disciplinary Commission (ARDC) appointed Mr. Bina to serve as a member of the Hearing Board, which hears contested cases and makes recommendations for the discipline of lawyers charged with misconduct.

Prior to joining Krieg DeVault LLP, Mr. Bina served as an Assistant Attorney General with the Illinois Attorney General’s Office where he represented the State of Illinois and its agencies before state, federal, and administrative courts in a variety of civil and criminal actions. Additionally, Mr. Bina gained leadership in the health care industry serving as the Executive Director for the Indiana Board of Pharmacy where he managed the licensing and discipline of Indiana’s pharmacists, pharmacies, and other health professionals. Mr. Bina also previously worked in the Governmental Affairs division of a leading pharmaceutical manufacturer and clerked with the Illinois Department of Professional Regulation Prosecutions Bureau in Chicago.

Representative Experience

Counsel to pharmacies, pharmacists, wholesale distributors, and other providers in disciplinary and regulatory matters pending before Boards of Pharmacy, the U.S. Drug Enforcement Administration (DEA), and other governmental agencies across the country
Lead counsel in ERISA benefits litigation in Illinois state and federal courts; Obtained dismissals with prejudice of complaints filed in Illinois state courts on ERISA preemption and jurisdictional grounds
Counsel of record in trial court and Illinois Appellate Court case involving the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA); successfully dismissed State’s petition to enforce subpoenas seeking privileged patient safety work product transmitted to component Patient Safety Organization (PSO)
Lead counsel in evidentiary hearings and appeals to U.S. Department of Health and Human Services Departmental Appeals Board contesting imposition of civil monetary penalties and other sanctions for long term care facility clients
Counsel to home health agencies and other providers on fraud and abuse issues, Anti-Kickback regulations, HIPAA, Medicare and Medicaid change of ownership regulations, exclusion lists, and other compliance matters
Obtained complete dismissals of multi-count, multi-party complaints against hospital clients in Circuit Court of Cook County Law Division
Lead counsel defending employer in employment discrimination charges before the Illinois Department of Human Rights (IDHR) and in a retaliation suit filed in the Circuit Court of Cook County
Counsel to banks and other financial institutions in matters concerning commercial landlord-tenant issues, foreclosures, and general litigation disputes
Local counsel in ERISA litigation and other state and federal court matters, including compliance with third-party discovery and motions to quash subpoenas

Education

The John Marshall Law School, Chicago, Illinois (J.D., 2006) Staff Editor, John Marshall Law Review
Indiana University, Bloomington, Indiana (B.A. in Political Science, With Distinction, 2000)

Bar Admissions

Illinois, 2006
District of Columbia, 2009
U.S. Court of Appeals 7th Circuit
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Central District of Illinois
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Northern District of Indiana

Professional Associations

Federal Bar Association
American Society for Pharmacy Law
Chicago Bar Association (Member)
Illinois State Bar Association (Member)
American Bar Association - Section of Litigation (Member)
John Marshall Young Alumni Council (Member)
Judicial Evaluation Committee for the Chicago Bar Association (Investigation & Hearings Division)
Illinois Association of Health Care Attorneys (Member)
American Health Lawyers Association (Member)
Illinois Homecare Council (Associate Member)
Illinois Health Care Association (Associate Member)
Life Services Network and American Association of Homes and Services for the Aging (Associate Member)

Seminars and Presentations

"Health Care Reform: Increased Focus on Fraud & Abuse Issues", Life Services Network Annual Meeting, March 25, 2011
"PPACA Health Reform Update, HITECH Act, and Fraud and Abuse Laws", February 4, 2011, Illinois Association of Ophthalmology and the Chicago Ophthalmological Society
"Treating Pain Management Patients Effectively", August 2010, Illinois/Indiana Orthopaedic Roundtable
“Recordkeeping for the New Lawyer: Elements of an Effective Legal Practice”, June 2007 and June 2008, Illinois Lawyer’s CLE Basic Skills Course
“Homecare Law: The Good, The Bad, and The Ugly”, March 2010, Illinois Homecare Council

Publications

Illinois Supreme Court Rules Against Provena Hospital In Major “Charity Care” Property Tax Case
"Private Military Contractor Liability and Accountability After Abu Ghraib", 38 J. Marshall L. Rev. 1237 (2005).