Mark C. Rogers

 
Mark C. Rogers Mark has an extensive background in corporate and healthcare law. Although he has extensive experience representing a variety of clients with regard to regulatory, compliance, employment and corporate matters, Mark focuses his practice on health care and corporate contractual matters, regulatory compliance, and fraud and abuse investigations. He has published and lectured extensively on legal issues in the health care industry. Mark is Co-Editor of The Boston Health Law Reporter, and is also an adjunct faculty member at New England Law Boston where he teaches Health Law. He earned his undergraduate degree from the College of the Holy Cross and his law degree (cum laude) from Suffolk University, where he served as the Chief Managing Editor of the Suffolk Transnational Law Review. Mark is admitted to practice in both the state and federal courts in Massachusetts, as well as the United States First Circuit Court of Appeals and the United States Supreme Court.
CONTACT Email: mrogers@therogerslawfirm.com
Phone: 781.794.1600, ext. 229
Download VCard
BAR ADMISSIONS
  • Massachusetts, 2001
  • U.S. District Court, District of Massachusetts, 2001
  • U.S. Court of Appeals, First Circuit, 2002
  • U.S. Supreme Court, 2005
EDUCATION
  • College of the Holy Cross (B.A. 1997)
  • Suffolk University (J.D., cum laude, 2000); Staff Member, 1998-1999 and Chief Managing Editor, 1999-2000, Suffolk Transnational Law Review
REPRESENTATIVE MATTERS Represented various types of health care providers in over twenty (20) investigations by the Office for Civil Rights of the U.S. Department of Health and Human Services for alleged violations of the HIPAA Privacy and Security Rules;
  Represented large academic medical center in construction of new $30MM emergency department, including review and revision of construction-related contracts and representation before all regulatory bodies;
  Drafted new policies and Procedures Manual for large PHO;
  Assisted ambulance service provider with establishing appropriate discount rates consistent with federal and state law;
  Created and assisted with the implementation of new employment agreements for over 400 physicians in large PHO;
  Represented acute care hospital in responding to alleged EMTALA violation;
  Structured a $20MM diagnostic testing joint venture arrangement between a hospital, physician group and diagnostic testing facility;
  Counseled a large integrated health care delivery system in responding to a fraud and abuse investigation indicating inappropriate restructuring of debt between a hospital, PHO and independent physician group; and
  Represented an acute care hospital before the Massachusetts Supreme Judicial Court in regard to disclosure of records protected under M.G.L. c. 111, § 70F.
LECTURES EMTALA - the ED and BeyondJordan Hospital (April 2010)
  Corporate Compliance for Home Health Care Providers, The Rogers Law Firm (March 2010).
  Liability Considerations for Electronic Communications Betwween Providers and Patients, FDAnews Webinar (November 2009).
  Liability Considerations for Electronic Communications Betwween Providers and Patients, World Healthcare Innovation & Technology Congress, Alexandria, VA (November 2009).
  HIPAA Privacy and Security Update, South Shore Chamber of Commerce Health Care Conference (October 2009).
  Massachusetts' New Data Security Law, Sheraton Braintree (June 2009).
  Legal Considerations for Health Care Proxies and Informed Consent in Massachusetts, Massachusetts Bar Association Health Law Conference (Boston, June 2009).
  Medical Records in an Electronic Age, Medical Grand Rounds, Lemuel Shattuck Hospital (Boston, February 2009).
  EMTALA Compliance for Practitioners, Caritas Carney Hospital (Boston, July 2008).
  The Legal State of Guardianships, Health Care Proxies and Informed Consent in Massachusetts, Medical Grand Rounds, Lemuel Shattuck Hospital (Boston, April 2008).
  The Liability Risk of Hospitals as a Target of Terrorism, National Emergency Management Summit (Washington, D.C., February 2008).
  The HIPAA Privacy Rule and Clinical Research, Caritas Christi Research Staff (Boston, November 2007).
  Unauthorized Access to Protected Health Information, Senior Leadership Teams, Caritas Christi Health Care System (Boston, June 2007)
  How to Effectively Respond to an OCR HIPAA Privacy Complaint Investigation, 14th National HIPAA Summit (Washington, D.C., March 2007).
  Understanding Today's EMTALA, Conference of Medical Staff Chiefs of Caritas St. Elizabeth's Medical Center (Boston, February 2007).
  Complying with the Deficit Reduction Act of 2005, Caritas Christi Corporate Compliance Advance (Boston, January 2006).
  IRS Considerations in Health Care Compliance, Caritas Christi Corporate Compliance Advance (Boston, January 2006).
PUBLICATIONS Getting Tough with Personal Data, Patriot Ledger (February 2, 2010).
  Provider Emails-Appearance is Everything, HIStalk.com (January 26, 2010).
  IRS Issues Governance Check Sheet for Tax-Exempt Organizations, thenon-profittoolbox.com (December 21, 2009).
  Orienting the Non-Profit Board, thenon-profittoolbox.com (December 10, 2009).
  Health Care Plan Needs Patient Accountability, Patriot Ledger (June 24, 2009).
  Highlights of the HIPAA Privacy and Security Rule Changes under the American Recovery and Reinvestment Act, The Boston Health Law Reporter, Summer 2009 (Volume 8).
  Patient Emails: Are Providers Ready for This Growing Trend?, Health Lawyers News (December 2008).
  Tax-Exempt Financing Complicates Hospital-Physician Relationships, But Planning Avoids Problems, Journal of Taxation of Investments (Summer 2008).
  HIV Testing: It's Time to Change the Law in Massachusetts, Massachusetts Bar Association Section Review, Volume 10, Number 2 (July 2008).
  Securing our Nation's Hospitals in the Post 9/11 Era, Health Lawyers Weekly (August 3, 2007).
  Policymaker Profile: Thomas R. Barker, Esq., The Boston Health Law Reporter (Summer 2007, Volume 2).
  DPH Issues Final HIV Reporting Regulations, The Boston Health Law Reporter (Spring 2007, Volume 2).
  Massachusetts Legislature Expands Definition of Medical Peer Review Committee, The Boston Health Law Reporter (Spring 2007, Volume 2).
  Massachusetts Court Declines to Adopt Corporate Negligence Theory Against Hospital, The Boston Health Law Reporter, Winter 2007 (Volume 2).
  SJC Rules Medical Malpractice Expert Should Not Have Been Sanctioned Despite Disturbing Testimony, The Boston Health Law Reporter, Winter 2007 (Volume 2).
  Expanding the Duty to Warn for Massachusetts Physicians, The Boston Health Law Reporter, Summer 2006 (Volume 1).
  Necessity of Peer Review Analysis for JCAHO's Periodic Performance Reviews, Teaching Hospitals and Academic Medical Centers, Winter 2005 (Volume 3, Issue 1
APPOINTMENTS New England School of Law, Adjunct Faculty Member (Health Law)

Co-Editor, The Boston Health Law Reporter (2007- )
HONORS 2009 Super Lawyers - Rising Stars Edition, Health Law
ASSOCIATIONS South Shore Arts Center, Board Member (2009- )

ATHENA PowerLink, Governing Board Member

South Shore Hospital, Links Committee Member

American Health Lawyers Association (Member of Teaching Hospitals and Academic Medical Centers Practice Group and Academic Medical Centers Practice Group and Hospitals and Health Systems Practice Group)

American Health Lawyers Association Disaster Preparedness Team

Ambassador, South Shore Chamber of Commerce

Massachusetts Bar Association

Co-Editor, The Boston Health Law Reporter

Co-Chair, Communications Committee of the Health Law Section of the Boston Bar Association

Health Care Compliance Association