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2024 Annual Conference - Santa Fe New Mexico - 08/01/2024 to 08/03/2024




Visitor's Guide
(Santa Fe)

CLE Affidavit

CLE Affidavit

Mark Fogg

Childs McCune

Mark Fogg, the former General Counsel of the COPIC Companies, is blessed with a wide array of professional experiences over his 40 year legal career, and he provides his clients with seasoned counsel and the skills of an experienced trial lawyer. He has tried over 200 cases to verdict as sole or lead counsel, appeared in numerous regulatory matters, and provided counsel to hundreds of professionals on a host of different issues. He is passionate about helping healthcare providers in litigation and professional practice areas such as telehealth, peer review, quality management and governance just to name a few. As General Counsel at COPIC for 9 years, he was deeply involved in medical-legal risk management, assessing healthcare related business transactions and regulatory compliance. He wishes to continue serving, and being a strong advocate for, the healthcare and legal communities. Mark’s practice areas include: Health Care Law: Mark represents health care providers and facilities in liability, regulatory and business dispute cases. He has done so for over 35 years. He provides assistance with general regulatory health care compliance. From his experience as General Counsel at COPIC, he also developed a specialty in assisting health care providers and facilities with compliance and the creation of system policies in innovative areas such as telehealth, professional review and Candor. Professional Liability Defense: Mark represents all types of licensed professionals in cases and before regulatory boards and committees. He has a special interest in the formation of the professional identity and understands the unique obligations, stresses and benefits of being a professional. He has represented hundreds of professionals including physicians, nurses, CRNAs, hospitals, therapists, veterinarians, psychologists, attorneys, law firms, actuaries and engineers. Corporate Governance and Serving As Outside Counsel: As General Counsel at COPIC, Mark served as the top lawyer in a large corporation that insures approximately 13,000 physicians and 200 facilities doing business in 13 states. He was extensively involved in assisting the COPIC board, physician group boards and hospital boards. He developed an expertise in governance issues and preparation of governance documents. He hired and managed outside counsel as well as the COPIC legal department. He helped create the infrastructure to do business in 11 additional states and worked on health care policy, legislative matters and obtaining regulatory approval in many states. Professional Review, Quality and Risk Management, Crisis Control: Mark is an advocate for patient safety and the establishment of professional review committees and quality management programs to improve patient care. He can assist physician groups and hospitals in establishing and effectively utilizing professional review committees and quality management. Mark had the unique role of being on-call for thousands of physicians and numerous facilities on a 24/7 basis to assist on medical-legal issues and to help manage crisis situations. These crisis situations ranged from significant HIPAA breaches to allegations of extensive Medicare billing fraud due to allegedly unnecessary surgeries and procedures. Health Care Appellate Practice: As General Counsel at COPIC, Mark was actively involved in the preparation of amicus curiae briefs for the Colorado Supreme Court and the Colorado Court of Appeals on important legal and health care policy issues. He wishes to continue to be involved in important appeals relating to health care. Teaching and Presentations to Health Care Providers and Attorneys: A favorite part of Mark’s practice is teaching and presenting on important medical-legal issues to health care providers. He has done this since early in his career. While General Counsel at COPIC for 9 years, he averaged giving such presentations every two to three weeks. Representative topics include: Defense of a Health Care Malpractice Case, Informed Consent, Legal Liability of Electronic Medical Records, Candor, Telehealth, Photography and Recording in a Health Care Setting, HIPAA and Minors and Risk. Mark also does extensive teaching to lawyers on mentoring, professionalism, advocacy, and leadership.



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