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Marcus C. Hewitt

Marcus C. Hewitt

Partner, Health Care Leader

T (919) 755-8776
F (919) 838-3104
Overview

Marc Hewitt is an experienced healthcare and litigation attorney focusing on administrative litigation, health care disputes, and regulatory matters, and represents healthcare providers in a variety of commercial and business disputes.

Marc handles numerous Certificate of Need (CON) matters for hospitals, dialysis providers, nursing and assisted living facilities, diagnostic service providers and other private providers, involving a variety of services and facilities.

He represents clients in regulatory disputes including false claims act, Medicaid clinical coverage policies, Medicare cost reporting, licensure and certification, provider enrollment disputes, appeals and settlement of post-payment audits and recoupment, and others.  

Marc also advises healthcare providers on regulatory compliance and related issues before the N.C. Department of Health and Human Services and Department of Insurance, including managed care, formation and compliance of HMO entities, joint ventures, fraud and abuse, licensure and others.

Marc also handles healthcare-related commercial and business disputes, including those involving contract, unfair business practices, fraud, and intra-company disputes.  Among others, Marc has represented providers in civil disputes over hospital management and financing agreements, allergy testing and medical billing services, diagnostic imaging services, and failed implementations of electronic health records (EHR) and practice management systems.

Marc is licensed to practice in North Carolina. He is a member of the North Carolina Society of Healthcare Attorneys and the Health Law Section of the North Carolina Bar Association, and served as President of the North Carolina Society of Healthcare Attorneys in 2013-14. Marc is rated "AV" Martindale-Hubbell, the highest rating available, and was selected for inclusion in The Best Lawyers in America and the North Carolina Super Lawyers magazine - Rising Stars edition. Marc served as a judge advocate in the U.S. Marine Corps from 1996 to 2000. He is a graduate of the University of North Carolina School of Law and holds a Bachelor of Arts degree in economics from the University of North Carolina.

Achievements
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Health Care Litigation (2016-2018), Health Care Law (2018)
  • North Carolina Super Lawyers, Rising Stars Edition, Listed Health Care (2009-2011)
  • Selected by Triangle Business Leader Magazine as a "Top Lawyer" in the area of Healthcare
  • President, North Carolina Society of Healthcare Attorneys, 2013-2014
  • Martindale-Hubbell's top ("AV") Peer Review Rating *

* AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Experience

Representative Work

  • Represents multinational healthcare provider before NC Department of Insurance to acquire HMO and offer Medicare Advantage plan to NC residents.

  • Represented health system in disputed termination of hospital management and financing agreements.

  • Represented county hospital authority in dispute with lessee/operator over hospital closure and breach of contract, involving licensure and certification of hospital.

  • Represents diagnostic imaging provider in NC Business Court in multimillion dollar civil suit against former customer involving alleged sham entities, fraudulent transfers, and certificate of need issues.

  • Represented Durable Medical Equipment supplier in administrative appeal of contract award for designated supplier of medical supplies to Medicaid beneficiaries.

  • Represented nursing home operator/lessee against municipality owner/lessor in dispute over ownership of certificate of need CON rights before NC CON Agency.

  • Litigated numerous certificate of need (CON) appeals from competitive and non-competitive CON reviews, including seven trials before administrative law judges and six appeals to N.C. Court of Appeals.

  • Represented dialysis provider in reconsideration review from denial of Medicare/Medicaid provider enrollment for multiple facilities.

  • Negotiated resolution of over $1M Medicare and Medicaid overpayment to medical practice with HHS Office of Inspector General (OIG) and NC Medicaid agency.  Oversaw audit by medical coding and billing consultant and negotiated for indemnity for overpayment from medical practice's immunology testing vendor.

  • Defended through settlement false claims act suit by US Attorney’s office.

  • Represented startup continuing care retirement community (CCRC) in appeal of NC Medical Care Commission decision to deny tax exempt bond financing.

  • Appealed and negotiated settlement of licensure sanctions imposed on behavioral health providers for survey deficiencies.


* Past success does not indicate the likelihood of success in any future legal representation.

Industries
Education
  • University of North Carolina School of Law, J.D., 1996
  • University of North Carolina at Chapel Hill, B.A., Economics, with distinction, 1993
Admissions
  • North Carolina
Affiliations
  • North Carolina Bar Association
    • Health Law Section Council (2016 - present)
  • North Carolina Society of Healthcare Attorneys - President (2013-2014)
  • Wake County Bar Association
    • Habitat for Humanity Committee Chair (2001 - 2005)
    • Young Lawyers Division (2000 - 2005)
  • SearStone Continuing Care Retirement Community, Board of Directors (2013-present)
  • American Health Lawyers Association
  • Habitat for Humanity of Wake County, Board of Directors (2005-2010)
Military Service
  • U.S. Marine Corps
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