Our People
Mark A. Cunningham
Shareholder
Mark Cunningham chairs the firm's Health Care Practice Group. He has experience in the areas of fraud and abuse, compliance, HIPAA, certificates of need, antitrust, and licensure. Mr. Cunningham represents numerous health care entities, including physician practices, outpatient diagnostic centers, hospital-based providers, medical practice management companies, dentists, optometrists, home health agencies, assisted care living facilities, and hospices. He previously served as co-chair of the Meritas Health Law Section.
Mr. Cunningham is also experienced in the area of mergers and acquisitions. He has represented both buyers and sellers in such transactions and has specific experience with asset purchase transactions, stock purchase transactions, mergers, and joint ventures.
Representative Matters
- Successfully represented radiology practice in obtaining favorable advisory opinion from Office of the Inspector General regarding joint venture with hospital
- Outside General Counsel for one of nation's largest billing and practice management companies
- Successful representation of health care entities in certificate of need proceedings before Tennessee Health Services and Development Agency
- Representation of health care clients in health care audits and reviews with private and federal payers
- Experienced negotiation of professional service agreements between hospitals and hospital-based physicians
Mark has presented before national audiences and industry groups on various health care matters, including:
- "How to ‘Date’ Your Client: Relationship Advice for Your Billing Company," Healthcare Billing & Management Association Compliance Conference, 2010
- "Negotiating the Beginning and the End of a Client Relationship," Healthcare Billing & Management Association Annual Meeting, 2008
- "Legal Issues with Physician Relationships," American Bar Association, Moderator, 2004
- "Current Legal Issues Facing Anesthesia Practices," Tennessee Anesthesia Practice Administrators Meeting
- "HIPAA: New Developments," Memorial Health Services, 2003
Memberships
- American Bar Associations
- American Health Lawyers Association
- Arts & Education Council of Chattanooga, Board
- Big Brothers/Big Sisters, past Board Member
- Chattanooga Bar Association
- Chattanooga Carolina Club, President
- Meritas, Health Law Section, past Co-Chair
- Re:Start - The Center for Adult Education, past Vice President
- Tennessee Bar Association
Honors
- Mid-South Super Lawyers, Mid-South Rising Stars, Health Care
- The Best Lawyers in America, Health Care Law
- Who's Who in American Law
- Leadership Chattanooga, 2001 Class
- CALI Award in Commercial Law-Secured Transactions
- Stone Container Corporation Scholarship Recipient
Publications
- Are Remote Deposit Services Safe?, HBMA Billing e-Newsletter, Vol. 16, Iss. 4. (Jul.-Aug. 2011)
- Your Service Agreement Isn't an iTunes Account: Don't Download Your Hospital Contract, Medical Management Professionals, Inc. (MMP) Newsletter (Aug. 2010)
- Contributor, American Health Lawyers Association, Physician Organizations Practice Group e-Newsletter (May 2007)
- Your First Employment Agreement: What Every Surgery Resident Should Know, Current Surgery, Vol. 58, Iss. 6. (Nov. 2001)
