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Our Attorneys » Mark D. Chouteau
Mark D. Chouteau
Partner
Legal Experience
Mr. Chouteau’s practice encompasses transactional, regulatory and compliance areas of health care law. Mr. Chouteau has many years of experience advising clients on structuring business relationships to comply with health care regulations and the Stark and Anti-Kickback laws. He also is experienced with representing health care entities and providers before health regulatory agencies, the Texas Attorney General and the federal and state Health and Human Services Offices of Inspector General. These experiences and knowledge also allow Mr. Chouteau to provide meaningful insight in performing due diligence for health care acquisitions.
Specific Matters of Representation
- Represented numerous nursing facilities before the State Office of Administrative Hearings involving appeals from administrative penalties imposed by the Texas Department of Human Services.
- Represented numerous nursing facilities before the Departmental Appeals Board of the Department of Health and Human Services involving appeals from Civil Monetary Penalties (CMPs) or Denials of Payments for New Admissions (DPNAs) imposed by CMS (formerly HCFA).
- Represented numerous nursing and assisted living facilities in state District Court involving suits brought by the Texas Attorney General seeking awards of civil penalties or the placement of nursing facility trustees, or both.
- Represented nursing facility administrators and nurses before their respective boards.
- Conducted several privileged internal investigations for clients under investigation by the state or federal Office of Inspector General (OIG) or the Texas Attorney General (AG). He has negotiated settlements on behalf of clients under investigation by the Texas OIG, AG and various health regulatory agencies.
- Performed due diligence and acted as Texas counsel for sellers and borrowers/purchasers regarding the acquisition of numerous health care facilities.
Education
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Doctor of Jurisprudence with honors, Texas Tech University School of Law, 1988
- Order of the Coif
- Phi Kappa Phi Honor Society
- Bachelor of Business Administration, The University of Texas at Austin, 1979
Professional Licenses
- Attorney at Law, Texas, 1988
Court Admissions
- United States District Court for the Northern District of Texas
- Supreme Court of the State of Texas
Prior Professional Experience
- Hilgers & Watkins, P.C., Associate and Director, 1997-2003
- Texas Department of Human Services, Assistant Commissioner, 1994-1997
- Office of the Attorney General of Texas, Chief of the Elder Law Section of the Consumer Protection Division, 1993-1994
- Office of the Attorney General of Texas, Assistant Attorney General specially assigned to the Insurance Practices Section of the Consumer Protection Division, 1992-1993
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Office of the Attorney General of Texas, Regional Manager of the
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Office of the Attorney General of Texas, Assistant Attorney General in the
- Law Office of John Steven Dwyer, 1989-1990
- Ginnings Bittlebach Keith & Delgado, 1988-1989
Speeches and Publications
- Fraud & Abuse, Texas Association for Home Care and Hospice HCSSA Administrator Program, Dallas, Texas, June 29, 2010, Speech
- RACs, MICs, MIPs, FBI, DOJ, OIG and Other Three Letter Words: Audits and Investigations, Texas Association of Homes and Services for the Aging (TAHSA) 51st Annual Meeting & Trade Show, Houston, Texas, May 18, 2010, Speech
- The Auditors Are Coming!, Austin Heart Continuing Medical Education, Austin, Texas, April 6, 2010, Speech
- The Medicaid Compliance Landscape: Where are We and What Lies Ahead, 6th Annual SynerImages Rehabilitation Business Strategies Conference, San Antonio, Texas, January 30, 2010, Speech
- The Medicaid Compliance Landscape: Where are We and What Lies Ahead, 5th Annual SynerImages Conference, San Antonio, Texas, January 31, 2009, Speech
- Keeping up with Compliance: Healthcare Fraud and Abuse, Rio Grande Valley Fall Healthcare Conference, Doctors Hospital at Renaissance, McAllen, Texas, November 7, 2009
- Health Care Fraud: RACs, MICs, OIG, FBI, MFCU and DOJ, Brown McCarroll, L.L.P. 7th Annual Health Care Conference: From Federal to Local Issues – Developments, Viewpoints and Analysis, Austin, Texas, October 20, 2009, Speech
- Keeping up with Compliance: Healthcare Fraud and Abuse, National Health Care Symposium co-sponsored by Health Care Unlimited & Brown McCarroll, L.L.P., McAllen, Texas, September 24, 2009, Speech
- Regulatory Compliance Training for Physicians, Valley Baptist Medical Center Continuing Medical Education, Harlingen, Texas, August 13, 2008, Speech
- Steps to be Taken Against Groundless Government Prosecutions, 4th Annual SynerImages ORF/CORF Educational Seminar, San Antonio, Texas, January 11-12, 2008, Speech
- Steps to be Taken Against a Texas Agency That Initiates a Frivolous, Groundless or Malicious Investigation or Prosecution, Brown McCarroll, L.L.P. 5th Annual Health Care Conference, Austin, Texas, September 14, 2007, Speech
- Marketing Without Risk - Will it Sell?, Chouteau, M., Geraci, J., CHPRMS / CSHSMD Fall Conference, Grove Park Inn, Asheville, North Carolina, 2007, Publication
- The Legal Edge: Marketing Without Risk. Will it Sell?, Chouteau, M., Geraci, J., CHPRMS / CSHSMD Fall Conference, Grove Park Inn, Asheville, North Carolina, 2007, Speech
- What to Expect When The OIG Shows Up At Your Office, SynerImages 3rd Annual Rehabilitation Business Strategies Seminar, January 2007, Speech
- A Look Into the Future of Government Investigation, Brown McCarroll Health Law E-lert, October 2006, Article
- Medical Necessity and Negligence As Bases for Fraud Claims Prosecution, Brown McCarroll Healthcare Highlights Seminar, Austin and El Paso, September 2006, Speech
- No Cure for the Common CORF, Chouteau, M.; Kwolek, K.; Brown McCarroll Health Law E-lert, October 2005, Article
- Healthcare Joint Ventures Require Careful Fraud and Abuse Compliance Analysis, Brown McCarroll Health Law E-lert, January 2005, Article
- Is There Any Regulatory Relief In Sight For Long-Term Care Providers In Texas?, Fink, S.; Chouteau M.; Texas Bar Journal, November 2004, Article
- Enhancements in Medicaid Enforcement, University of Texas Health Law Conference, April 2004, Speech
- Case Mix, a Trap for the Unwary, Texas Association of Homes and Services for the Aging, Annual Conference, Spring 2004, Speech
- University of Texas Administrative Law Conference, July 2003, Faculty Member and Speech
- Administering Administrative Law: A Panel Discussion, Bench Bar Conference, April 1998, Panelist
- Preparing for Medicare Changes: Core Elements of the Prospective Payment System,Texas Association of Homes and Services for the Aging (TAHSA), Fraud and Abuse, March 1998, Speech
- The Government’s Assault on Health Care Fraud and the Legal and Ethical Dilemmas Facing the Health Care Industry and Health Law Attorneys, State Bar of Texas for Advanced Health Law Course, January 1998, Article
- Every Day Ethical Issues in Residential Facilities for the Elderly, Texas Association of Homes and Services for the Aging seminar, December 1997, Speech
- Legislative-Regulatory Update, Texas Association of Homes and Services for the Aging seminar, October 1997, Speech
- Operation Restore Trust, Texas Health Care Association seminar, April 1997, Speech
- Texas Board of Nursing Facility Administrators Standards of Conduct: What Administrators Need to Know About the Rules, Texas Association of Homes and Services for the Aging seminar, March 1997, Speech
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Trustees in Nursing Homes, Association of Health Facility Survey Agencies (AHFSA) convention, November 1994, Speech
Professional Memberships and Activities
- American Bar Association, Health Care Section
- American Health Lawyers Association
- State Bar of Texas
- Texas Health Care Association, Legal Advisory Board
- Texas Association of Homes and Services for the Aging
- Health Care Compliance Association
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