David E. Daniels

David E. Daniels

Managing Partner
Location:
Pawling, New York
Phone:
845-855-5900
Fax:
845-855-5945
Email:

David E. Daniels, Managing Partner in the firm, practices primarily in the areas of Health Law, Business/Corporate Law, Estate Planning, Elder Law and Estate Administration. He serves as counsel to numerous hospitals, physicians, other business and health care entities and individuals. Mr. Daniels’ experience as hospital VP for legal affairs, private practitioner, health law arbitrator, hearing officer and judge has given him a practical, results-oriented perspective in his legal practice . He serves as a dispute resolver for American Health Lawyer Association (“AHLA”) Alternative Dispute Resolution Service and is a member of the American Arbitration Association’s Commercial Arbitration and Health Law Panels. Mr. Daniels has been selected for inclusion in The Best Lawyers in America, 19th, 20th, 21st and 22nd Editions for his work in Health Care Law . He frequently lectures on current health law issues. He serves on the Committee on Character and Fitness for the 9th Judicial District. Mr. Daniels graduated from Dartmouth College in 1979 with an A.B. with distinction in economics and from Boston College Law School in 1982 with a J.D., cum laude. He is admitted to practice in New York and Connecticut. He is an active member of the Health Law Section of the New York State Bar Association, including past service as Chair of its Committee on Legislation.

Professional Background and Experience: 30 years representing hospitals, health care systems, physicians, physician’s assistants, ambulatory surgery centers, imaging centers, nursing homes, home health care agencies, occupational and physical therapists and other health care providers. Has handled hundreds of disputes, transactions, investigations and/or claims involving healthcare statutes, regulations and areas of practice, including the federal Anti-Kickback statute; Stark law; Medicare, Medicaid and other third payer reimbursement issues; federal/state false claims acts; antitrust laws; tax exemption statutes and regulations; intermediate sanctions; HIPAA; fee splitting; corporate practice of medicine; state credentialing statutes; and HCQIA. Arrangements, claims and transactions successfully negotiated, drafted and resolved include:

  • Hospital affiliations, including the establishment of new hospital systems and affiliation of community hospitals with multi-hospital systems;
  • Hospital system governance and system integration issues, including establishment and implementation of committees and policies in areas such as audit, corporate compliance, joint credentialing, allocation of funds, risk management, medical staff relations business ethics and conflicts of interest, executive compensation and charity care;
  • Joint venture arrangements involving MRI, CT and other imaging centers, ambulatory surgery centers, wound care, physical therapy, dialysis, sleep labs, cardiac catheterization, information technology, clinical laboratories, home health care, and radiation oncology, joint extension clinics and hospital based outpatient departments;
  • Physician employment contracts, including provisions for payment for performance and other incentive compensation;
  • Physician group practice operating, partnership and/or shareholders agreements;
  • Managed care contracts;
  • Sale or acquisition of physician practices, home health care agencies and diagnostic and treatment centers;
  • Exclusive contracts with hospital based physicians;
  • Medical directorship arrangements;
  • Vendor contracts, including high tech medical equipment, hardware and software and other leases or acquisitions;
  • Physician recruitment arrangements;
  • Real estate purchases, sales and leases; and
  • Physician nominee arrangements.
  • Tax exempt bond financing transactions for not for profits and municipalities;
  • Corrective action proceedings to restrict, suspend or revoke the clinical privileges of a medical staff member, including fair hearings, litigated matters and claims under PHL 2801-b;
  • Closure of hospital based departments, including litigated matters under PHL 2801b and/or federal and state antitrust laws;
  • False claims litigation and/or investigations by the OIG, OMIG and the NY Attorney General;
  • PC nominee arrangements and establishment of PLLCs as disregarded entities;
  • Obtained tax exemption under IRC 501(c)(3) for numerous hospitals, professional service corporations, diagnostic and treatment centers and home health care agencies;
  • Drafted Hospital, medical staff and physician group practice bylaws, policies and procedures;
  • Analyzed hundreds of arrangements under the federal Anti-kickback statute, the federal Stark law, State fee splitting and corporate practice statutes and other healthcare statutes and regulations.

Alternative Dispute Resolution Training

AA Panel Dynamics: Staying On Course When Things Don't Go As Planned, 2015; AAA Managing a Successful Arbitration, 2014; AAA Writing Arbitration Awards - A Guide for Arbitrators, 2014; AAA Arbitrators Conducting Legal Research - Good Idea or Bad? 2014; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2013; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2012; AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2012; American Health Lawyers Association, Arbitration Workshop, 2009.

Areas of Practice

  • Health Law
  • Business/Corporate Law
  • Estate Planning
  • Elder Law and Estate Administration

Bar Admissions

  • Connecticut, 1983
  • New York, 1982
  • U.S. Court of Appeals 3rd Circuit, 1983

Education

  • Boston College Law School, Boston, Massachusetts
    • J.D. cum laude - 1982
  • Dartmouth College
    • A.B. - 1979
    • Honors: Distinction in Economics

Published Works

  • "Life After Under Arrangements" posted in the Bloomberg Law Reports Health Law Vol.3 No.6"
  • "A Fresh Look at Group Practices Without Walls."Managing Health Today.
  • "Possible Impact of the Medicare Shared Savings Program on Physician Practice Consolidations. Managing Health Today."

Classes/Seminars

  • Speaker, Webinar sponsored by the New York State Bar Association Health Law Section Committee on Fraud, Abuse and Compliance on Basic Health Law for the Non-Health Lawyer
  • Presentation, "Co-Management Arrangements" at an HFMA seminar Presentation, "Physician Practice Acquisitions Legal Nuts and Bolts" at an HFMA seminar
  • Presentation, Pay for Performance ("P4P"), Gainsharing and "Virtual" Group Practice Models

Honors and Awards

  • Selected, "The Best Lawyers in America, 19th, 20th, 21st and 22nd Edition" for work in Health Care Law

Professional Associations and Memberships

  • Health Law Section of the New York State Bar Association, Chair of its Committee on Legislation
  • American Health Lawyer Association
  • Ninth Judicial District, Committee on Character and Fitness
  • Connecticut Bar Association
  • Putnam County Bar Association
  • Dutchess County Bar Association

Past Employment Positions

  • Vassar Brothers Hospital, Vice President for Legal Affairs, 1987 - 1989
  • Van DeWater and Van DeWater, 1985 - 1987
  • Gager and Henry, 1982 - 1985

Languages

  • English