Mark E. Rust

  • One North Wacker Drive
    Suite 4400
    Chicago, IL 60606-2833

Mark Rust is the Chicago office managing partner of Barnes & Thornburg LLP, vice chair of the firm’s management committee, and the immediate past chair of its national Healthcare Department. Mr. Rust concentrates his practice in transactional, regulatory and medical-legal issues affecting healthcare entities and provider organizations. For nearly 35 years he has written about or practiced in healthcare law, writing in a wide variety of publications from the Journal of the American Bar Association to USA Today. He is listed as a notable healthcare lawyer in Chambers USA, Top Healthcare Lawyers of Illinois, Illinois Super Lawyers and The Best Lawyers in America.

Mr. Rust has represented hospitals and hospital-physician joint ventures, multi-specialty clinics, large radiology, anesthesiology and cardiology groups, medical staffs, healthcare management companies and managed care organizations including provider-sponsored insurance companies and HMOs. He routinely is engaged to advise on mergers and acquisitions, contract formation and negotiation, and regulatory issues.

In addition to federal fraud and abuse and Stark analysis and state healthcare regulation, Mr. Rust has focused on the application of ERISA pre-emption to the healthcare field. He and his firm appeared before the U.S. Supreme Court in Rush Prudential v. Moran, 536 U.S. 355 (2002), successfully arguing, for the first time, how the relationship between providers, patients, managed care and state regulation should work under the federal law known as ERISA; and Mr. Rust was counsel of record on behalf of the American Medical Association and fifty state medical societies on the same topic before the Supreme Court the following year in Kentucky v. Miller, 538 U.S. 329 (2003).

He also focuses his attention on analyzing and explaining antitrust issues. For Thompson West Publishing, Mr. Rust regularly updates the antitrust section of The Law of Medical Practice in Illinois, Third Edition. Mr. Rust has appeared before the United States Congress and several state legislatures providing testimony on healthcare delivery and managed care.

Mr. Rust is a member of the Economic Club of Chicago and the current Board Chairman of the Better Government Association (BGA), a 92-year old non-profit that demands accountability of Chicago, Cook County and Illinois government. He is also a founding board member of the Regional Alliance for Growth, funded in part by the U.S. Commerce Department, which has brought together the business and political resources of northwestern Indiana, Chicago and Milwaukee to emphasize common strengths and opportunities in their tri-state region. Mr. Rust is Past Chair of the Illinois State Bar Association’s Health Law Section, the Chicago Bar Association’s Health Law Committee, and the American Bar Association’s Medicine and Law Committee (Tort and Insurance Practice Section). He regularly addresses organizations on current topics in healthcare law.

Mr. Rust received his J.D. from Loyola University, Chicago, Illinois, in 1989, and his B.A. from the University of Notre Dame in 1981, and is the former national legal affairs reporter and business editor for the American Medical News (1983-1989). He is admitted to practice in Illinois and the federal appellate bar, including the U.S. Supreme Court.