Mark R.

New York State Regulatory & Government Relations



T: 518-313-1403

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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.

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  • 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

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

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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

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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

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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

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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

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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

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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

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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

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Bloomberg Law: Trump Can't Pardon Himself, But Will He?

December 03, 2020

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Capitol Pressroom: What a Biden Admin Means for Health Care in the Empire State

November 17, 2020

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Capitol Pressroom: New York’s Health Care System Ripe for Overhaul After Battle With COVID-19

May 05, 2020

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Capitol Pressroom: Medicaid Redesign Team Update

March 20, 2020

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Capitol Confidential: Medicaid Spending

November 18, 2019

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Capitol Confidential: Medicaid Maladies in New York

October 18, 2019

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New York NOW: Gov. Kathy Hochul, Cuomo’s Out, Eviction Moratorium Deadline

August 27, 2021

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Capitol Pressroom: Zucker leaving DOH, as Hochul shapes her administration

September 23, 2021

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Press Releases

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

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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

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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

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City & State New York

2021-2022 Health Power 100

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City & State New York

2021-2022 Law Power 100

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Schneps Media

2022 Healthcare Hero

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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.