Mark R.
Ustin

New York State Regulatory & Government Relations
Partner
Albany
T: 518-313-1403
mustin@farrellfritz.com mustin@farrellfritz.com
About Mark
Mark R. Ustin is a regulatory lawyer and lobbyist with extensive experience assisting healthcare entities in navigating the complicated statutory, regulatory, and policy landscape surrounding healthcare delivery and payment. Mark assists clients in promoting and responding to key legislation and regulation impacting their interests and has steered clients through state processes to secure millions of dollars in government grants and other funding streams.
He has represented a broad array of healthcare clients across the country, including academic medical centers, community hospitals, critical access hospitals, federally qualified health centers, physician practices, nursing homes, assisted living providers, home health agencies, behavioral health providers, developmental disability service providers, managed care organizations, and pharmaceutical and other life science companies.
Mark provides regulatory counsel and strategic business advice on everything from complex business transactions to the day-to-day concerns faced by participants in the healthcare sector. Mark also regularly represents clients before New York state government, particularly including the Department of Health, Office of Mental Health, Office for People with Developmental Disabilities, Office of Alcoholism and Substance Abuse Services, and Dormitory Authority of the State of New York, as well as the New York State Legislature and the Governor’s Office.
Credentials
Education
- Fordham University
- St. John’s University School of Law
Bar Admissions
- New York
Affiliations & Appointments
- Chair, Legislative Committee, Health Law Section, New York State Bar Association
- American Health Lawyers Association (AHLA)
Articles & Advisories
Assemblyman Richard N. Gottfried’s Impact on Health Care Access in New York State
In November of 2022, the New York State Bar Association Health Law Section hosted a retrospective of the work of…
May 23, 2023
Opinion: The Return of Public Health Law
Mark Ustin wrote an op-ed on “The Return of Public Health Law” which was published in the Daily News. He…
February 03, 2023
Opinion: After COVID-19, we need more focus on health equity
The experience with COVID-19 over the last two and a half years has taught health care policymakers a number of…
September 16, 2022
Understanding the nuances of mental health are key for COVID-19 recovery
Over the past two years, New Yorkers have had to withstand feelings of uncertainty, disconnectedness, and in some cases outright…
July 15, 2022
How I Made Office Managing Partner
Mark Ustin, 50, Farrell Fritz, Albany, New York Job title: Partner in charge of the Albany office and head of the…
April 25, 2022
Fair Pay for Home Care Workers: Easier Said Than Done
In January, Gov. Hochul unveiled a proposed budget for the 2022-23 fiscal year that departed from many years of tradition…
April 01, 2022
Pandemic Lessons Should Focus on Progress, Not Punishment
When someone finally writes the comprehensive story of the pandemic, it probably will read much like a disaster story: first, the…
February 23, 2021
What Comes Next? Eight Things to Look for in the Healthcare Industry After the Pandemic
At this point, there are few if any people left in the United States whose lives have not been impacted…
November 03, 2020
New York State COVID-19 and Legislative Update – May 29, 2020
This week marked seventy days since the inception of New York on PAUSE (Policies to Assure Uniform Safety for Everyone).…
June 02, 2020
State & Federal Responses to Coronavirus
In an effort to provide a day-to-day update onthe State and Federal actions in response to the coronavirus, we have…
March 21, 2020
Retail health care is changing fast, but New York isn’t
“Retail clinic usage higher in NY than in other states” captured a key point that is frequently missing in the health…
May 14, 2019
The Berger Prescription – On Demand Podcast
Mark Ustin, partner at Farrell Fritz, was on the Capitol Confidential podcast to discuss the Berger Commission. Ustin, former general…
August 30, 2018
Podcasts
Capitol Pressroom: What a Biden Admin Means for Health Care in the Empire State
November 17, 2020
Listen to EpisodeCapitol Pressroom: New York’s Health Care System Ripe for Overhaul After Battle With COVID-19
May 05, 2020
Listen to EpisodeNew York NOW: Gov. Kathy Hochul, Cuomo’s Out, Eviction Moratorium Deadline
August 27, 2021
Listen to EpisodeCapitol Pressroom: Zucker leaving DOH, as Hochul shapes her administration
September 23, 2021
Listen to EpisodeNews
Mark Ustin quoted in Part B News: You can ‘fire’ patients for just cause, but hew to a clear policy
Patient abandonment is a real ethical and, sometimes, legal issue. Mark Ustin shares his insight on the topic with Part…
September 07, 2023
Mark Ustin Recognized in City & State New York’s 2023 Law Power 100
City & State’s Law Power 100 recognizes the most influential legal professionals in the world of New York politics and…
March 21, 2023
Patient Code of Conduct Aimed at Protecting Staff
Mark Ustin and Stacey L. Goldstein were quoted in a recent Healthcare Risk Management article “Patient Code of Conduct Aimed at Protecting Staff.”…
March 06, 2023
Hospital Merger Volume Down in Q4
Farrell Fritz Partner Mark Ustin was quoted in a recent article in GlobeSt regarding the transactional fall of hospital mergers…
January 18, 2023
Mark Ustin Named to City & State 2023 Health Care Power 100
Farrell Fritz Partner Mark Ustin has been selected to the City & State 2023 Health Care Power 100. Here is…
January 18, 2023
Middle-Income Seniors Will Find It Hard to Pay for Housing by 2033
Mark Ustin, regulatory and government relations lawyer at Farrell Fritz in Albany, NY., tells GlobeSt.com, “This study shines an important…
September 01, 2022
Who’s Who in Healthcare Law – Mark R. Ustin
Mark R. Ustin is a partner at Farrell Fritz, P.C., a full service law firm with more than 80 attorneys…
June 03, 2022
The 2022 Law Power 100
New York is the capital of the legal industry. The state has the greatest number of lawyers per 1,000 residents…
March 07, 2022
Senior Living Is Driving Health Care Industry Distress
Replacing Infrastructure Adding Financial Pressure But the cost pressures for these facilities cannot be overlooked. Mark R. Ustin, partner, Farrell…
February 23, 2022
Protect Peer Review Privileges, or Risk Serious Consequences
Avoid Bad Faith Charge The most important thing to remember about confidentiality protections afforded to patient safety investigations by state…
January 25, 2022
City & State New York’s 2022 Health Power 100
Farrell Fritz partner Mark Ustin was named to City & State New York’s 2022 Health Power 100. This list highlights…
January 24, 2022
City & State New York’s 2021 Responsible 100
Farrell Fritz partner Mark Ustin was named to City & State New York’s Responsible 100 list. The list recognizes leaders – in business,…
December 13, 2021
Bassett Gets Warm Reception As Next Health Commissioner
Gov. Kathy Hochul’s Wednesday announcement that Dr. Mary Bassett will replace Dr. Howard Zucker as the state health commissioner was…
September 30, 2021
Former Governor Aide Weighs in on What Lt. Gov. Hochul Needs to Do
Lt. Gov. Kathy Hochul said she was meeting with the State Health Commissioner Thursday as part of her transition into…
August 13, 2021
How the Incoming Governor Can Restore Public Trust in the Health Department
With Lt. Gov. Kathy Hochul set to become governor in two weeks, she will need to assess quickly whether to…
August 12, 2021
Why New York Is Expanding Telehealth Services
You’re a patient in need of seeing a health care provider. Prior to the pandemic, you would trek to your…
April 14, 2021
The 2021 Law Power 100
In the legal profession, being evaluated is a fundamental part of the job. To enter the field, aspiring attorneys must…
March 16, 2021
The 2021 Health Power 100
Year after year, health care is one of the biggest policy issues in New York, whether it’s Medicaid spending, access…
January 19, 2021
Boston’s Concentrated Market Keeps State Regulators Busy with Merger Scrutiny
Conditions placed on the merger that formed the Boston area’s second-largest health system—Beth Israel Lahey Health—are the latest in a…
December 14, 2020
Who’s Who in Health Care Professionals & Health Care Law – Mark Ustin
Farrell Fritz partner Mark R. Ustin is a regulatory lawyer and lobbyist with extensive experience assisting health care entities in…
June 22, 2020
COVID-19 Changes HIPAA Compliance, But Caution Necessary
The Department of Health and Human Services Office for Civil Rights (OCR) has issued waivers and notices of enforcement discretion…
May 20, 2020
Choose Outside Counsel Carefully; Avoid Common Mistakes
Risk managers may be involved in helping choose outside counsel for the hospital or health system. There are many factors…
February 26, 2020
Should Hospitals Continue to Maintain Their Own Data Centers?
Physical data centers, whether located on campus or attached to local networks, typically have higher performance speeds. This is helpful…
August 12, 2019
How to Find Strong Public Interest Law Programs
Law school hopefuls who dream of using their legal degree to not only help clients, but also benefit society should look…
July 30, 2019
The Capitol Pressroom’s “Drug Take Back” Segment
Last year, the state legislature passed legislation to have drug manufacturers develop plans to safely take back unused medications. The…
July 11, 2019
A measles travel ban? Health officials have considered stopping infected travelers from flying
With measles cases in the U.S. at their highest level in a quarter century and continuing to rise, health officials have pondered…
May 28, 2019
Anti-Vaccination Advocates: First Amendment, Religious Rights Under Attack
Anti-vaccination advocates rallied in Albany on Tuesday, calling on lawmakers for more support. Those at the protest at the Capitol…
May 15, 2019
Budget creates panel to advise on CDPAP overhaul
The state has inserted some flexibility in its plan to consolidate hundreds of non-profits that route Medicaid payments to caretakers of more…
April 10, 2019
Healthcare Industry Transformation Drives Need for a Place at the Regulatory Table
The past decade has seen a radical reimagining of the health care industry in New York and around the nation—a…
June 29, 2018
Farrell Fritz opens Albany office just steps from the Capitol
Law firm expands with focus on regulatory and government relations. Farrell Fritz, the law firm headquartered in Uniondale, has launched…
May 02, 2018
Press Releases
29 Farrell Fritz Attorneys Recognized as 2024 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 19 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2024.…
August 18, 2023
21 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 17 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2023.…
August 18, 2022
17 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 12 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2022.…
August 19, 2021
Mark R. Ustin Elected President of St. Catherine’s Center for Children’s Board
Farrell Fritz is pleased to announce that Mark R. Ustin has recently been elected president of St. Catherine’s Center for…
December 27, 2019
Farrell Fritz Launches Regulatory & Government Relations Practice Group; New Albany Office Highlights Firm’s Expansion to Capital District Market
Farrell Fritz is pleased to announce that it has launched a New York State Regulatory & Government Relations Practice Group,…
March 19, 2018
Recognition

Long Island Business News
2023 Who's Who in Healthcare Law

City & State New York
2023 Law Power 100

The Best Lawyers in America
Government Relations Practice and Health Care Law 2023

Schneps Media
2022 Healthcare Hero

City & State New York
2021-2022 Health Power 100

City & State New York
2021-2022 Law Power 100

City & State New York
2021 Responsible 100
Community Work
Mark serves as president of St. Catherine’s Center for Children’s board of directors. St. Catherine’s offers services and programs to about 1,000 children and 500 families in the Capital Region annually. The organization’s programs address issues of homelessness, child abuse and neglect, family instability, and special education.