Mark D. Polston

District of Columbia

King & Spalding LLP
1700 Pennsylvania Avenue,
Suite 900
Washington, D.C. 20006

Tel: +1 202 626 5540


Mark is a Partner in the firm’s Healthcare practice and Co-Chairs the firm’s Life Sciences and Healthcare Industry Group, which is comprised of more than 300 lawyers across the firm.  As the former HHS Deputy Associate General Counsel for Litigation for the Centers for Medicare & Medicaid Services, Mark has over 20 years of experience in Medicare reimbursement policy and Medicare fraud defense and represents numerous health care systems and hospitals in navigating the Medicare regulatory environment. Mark has served as the lead litigator on numerous Medicare reimbursement litigation cases defending providers against government enforcement actions, and frequently advises clients on Medicare reimbursement strategy and regulatory and compliance requirements.

As a former high-ranking litigator within the Department of Health and Human Services, Mark brings credibility and an insider’s knowledge when advocating before the Centers for Medicare & Medicaid Services and Congress on Medicare and Medicaid issues.

Drawing upon his experience as CMS’s former chief litigation counsel, Mark represents hundreds of hospitals in Medicare reimbursement appeals.  His cases typically challenge national Medicare reimbursement policies, with hundreds of millions of dollars at stake.  On the defense side, Mark’s years of government fraud enforcement experience and Medicare knowledge translates to surgically effective representation of providers in Medicare fraud investigations.

Mark is more than just a litigator.  According to Chambers USA, sources praise Mark’s ability to “distill issues carefully and thoughtfully,” while also praising his “very client service-oriented” approach.  Given Mark’s vast knowledge of the pitfalls and complexities woven throughout the regulatory and compliance labyrinth of Medicare and Medicaid, Mark is able to counsel and strategize with clients on diverse topics such as Graduate Medical Education reimbursement for teaching hospitals, Medicare’s “provider-based” rules, and Medicare coverage standards for inpatient services.

His extensive and lengthy experience in handling complex Medicare and Medicaid issues has led Mark to be deemed a nationally-recognized expert, particularly on matters related to Medicare reimbursement.  Mark is also a frequent speaker and a Faculty Member of the Institute on Medicare and Medicaid Payment, and participates annually in the Institute’s conference sponsored by the American Health Lawyers’ Association.  Mark is also co-editor of the Reimbursement Advisor, a leading publication within the healthcare finance community.

King & Spalding’s healthcare industry practice has grown to encompass more than 400 professionals who serve the entire spectrum of healthcare providers, practitioners, investors, manufacturers, suppliers, vendors, educators, researchers, and inventors.

Our growth as a professional firm to the healthcare industry is attributable to our track record in achieving outcomes our clients value. We become partners with our clients in developing and executing complex transactions, litigation strategies, government reimbursement solutions, regulatory compliance initiatives, managed care contracting strategies, and efficiency/cost reduction measures. We understand our clients’ business operations and shape our advice and counsel to the achievement of our clients’ strategic objectives. Our clients tell us that we excel not only in efficiently delivering uncompromising quality, but also in making our clients’ problems our own.

We participate directly in the industry ourselves, serving as trusted advisors, commentators on business trends, and advocates for the advancement of healthcare policy. Over the years we have been fortunate to have some of the best and brightest talents in our field join us in this work.

Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 1,300 lawyers in 23 offices in the United States, Europe, the Middle East and Asia. We deliver tailored commercial solutions through world-class offerings and an uncompromising approach to quality and service.

The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients