Health
 
 
 
Marc Cohen handles health law at Ober|Kaler.  

    

Marc K. Cohen
Principal
  mkcohen@ober.com
410-347-7663
443-263-4163 fax
Contact Marc CohenDownload vCard
 
  Experience  

Marc handles litigation and regulatory matters related to licensed health care professionals, nursing homes, and hospitals.

Marc's representation includes the defense of alleged violations of professional standard of care and licensing laws, health care facility violations, public health and environmental issues, and reimbursement disputes with federal and private carriers.

With extensive experience in public health regulatory matters, Marc provides assistance with practice formation, sales and acquisitions, facility licensing and Certificate of Need issues, and specialty health care facilities.

Marc provides consultation, representation and litigation assistance to individual practitioners and to Maryland's hospitals and professional associations, including this state's Medical, Dental and Chiropractic societies.

Among other things, Marc has written the HIPAA Privacy Manual selected by Maryland's state medical society and provides regular advice to hospitals on staff privileging, medical privacy and professional review committees.

 
 
    Representative Cases

Lazarus v. State of Maryland, 79 F.R.D. 633 (D. Md. 1978). Clarified federal class action requirement, in civil rights cases.

Highfield Water Co. v. Public Service Commission, 488 F. Supp. 1176 (1980). Decided the applicability of federal civil rights laws and anti-trust claims when government seizes property in furtherance of the public health.

Chesapeake Bay Village, Inc. v. Costle, 502 F. Supp. 213 (D. Md. 1980). Delineated constitutional equal protection and due process rights of developers to sewer access.

Department of Health v. Congoleum Corporation, 51 Md. App. 257 (1982). Determined Agency authority to control adverse impacts upon the public comfort, as well as the public health impacts, of industrial processes.

Highfield Water Co. v. Public Service Commission, 293 Md. 1 (1982). Established Government authority regarding the seizure of private property in exigent public health circumstances against claims of conspiracy and deprivation of private property rights.

Property Owners Ass’n of Deep Creek Lake, Inc. v. Ann M. Gorsuch, 601 F. Supp. 220 (1983).  Clarified the National Environmental Policy Act regarding significant environmental impacts requiring Environmental Impact Statements.

Ungar v. State of Maryland, 63 Md. App. 472 (1985), cert. denied, 106 S. Ct. 1379. Clarified state law regarding development rights and building moratoriums, and the law of regulatory takings.

County Commissioners of Charles County v. Secretary of Health and Mental Hygiene, 302 Md. 566 (1985). Confirmed supremacy of state standards with regard to local development approvals and law regarding abandonment of property rights and the authority to have appellate courts settle the law in moot cases.

Citizens for Rewastico Creek v. Commissioners of Hebron, 67 Md. App. 466, cert. denied, 307 Md. 260 (1986). Established state permit standards under the Federal Water Pollution Control Act for new discharges and standards for administrative evidence and procedures in contested cases.

Howard County v. Davidsonville Civil and Potomac River Associations, 12 Md. App. 19, cert. denied, 311 Md. 296 (1987). Developed state law regarding municipal pollutant discharge standards and the propriety of a state pollution control agency to refuse to regulate certain pollutants.

Loveman v. Catonsville Nursing Home, Inc., 114 Md. App. 603, 691 A.2d 693 (1996). Established the ownership rights in Certificate of Need matters by licensees and operators of nursing homes over the competing claims of facility owners.

Adventist Healthcare Midatlantic, Inc. v. Suburban Hospital, Inc., 350 Md. 104, 711 A.2d 158 (1998). Created state law, on behalf of hospital, regarding the validity of state permitting actions based on agency planning documents against claims of due process and regulatory violations for failing to provide contested case proceedings to adjudicate permit rights.

Lokner v. BOP (2007). Established limits on rights of delegate's sanction by disciplinary board licensing authority.

 
 
    Admitted

Court of Appeals of Maryland

United States Court of Appeals for the Fourth Circuit

United States District Court for the District of Maryland

United States Supreme Court

 
 
  Education

University of Baltimore, J.D., 1974

University of Maryland, B.A., 1970

 
 
   Professional & Community

American Health Lawyers Association

Maryland Bar Association

Committee on Administrative Law
Section Council on Health Law
Section Council Committee on Environmental Law

National Building Industries Association

 
 
   Publications & Presentations

Author, HIPAA Compliance Manual and Forms for Physicians

Lecturer and program development for continuing education programs for the American Chiropractic Association and Maryland Dental Association

 
 
   Professional Background

Principal, Ober|Kaler

Department of Health and Mental Hygiene, State of Maryland, Chief Legislative Officer, 1974-1977

State Water Management Administration, Assistant Attorney General and Counsel, 1977-1987