Mark D. Polston is a partner in the healthcare practice at King & Spalding. Mr. Polston has over 20 years of experience in federal litigation, most of which has focused on Medicare, Medicaid and Affordable Care Act regulatory policies, as well as health care fraud litigation, enforcement and investigations.
Prior to King & Spalding, Mr. Polston served as the Deputy Associate General Counsel for Litigation in the Office of the General Counsel, CMS Division at the U.S. Department of Health and Human Services where he advised senior HHS officials on CMS litigation. He has broad familiarity with Medicare payment, coverage and compliance issues, having managed virtually all federal court challenges to CMS regulatory policies and final Medicare reimbursement decisions during his tenure with the U.S. Department of Health and Human Services. Mr. Polston’s significant experience in Medicare provider reimbursement litigation includes serving as lead government negotiator in the $4 billion dollar settlement to resolve claims challenging CMS’s application of the budget neutrality adjustment to the Medicare hospital wage index rural floor (Cape Cod Hospital v. Sebelius) and the $667 million multi-party settlement in In re Medicare Reimbursement (Disproportionate Share Hospital) litigation.
Prior to his role as Deputy Associate General Counsel for Litigation, Mr. Polston was a Supervisory Attorney within the CMS Division's Program Integrity Group, where he served as the senior CMS liaison to the Department of Justice and the Department of Health and Human Services Office of Inspector General on significant health care fraud and False Claims Act matters. Mr. Polston also represented qui tam relators in private practice for several years before joining HHS. He began his legal career at the Department of Justice as a member of the Attorney General’s Honors Program where he served in the Civil Division’s Fraud Section enforcing the False Claims Act.
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