David E. Daniels

A Founding and Managing Partner in the firm, Mr. Daniels practices primarily in the areas of Health Law, Business/Corporate Law, Municipal Law, Estate Planning and Administration. He serves as counsel to numerous hospitals, physicians, municipalities and other business and health care entities.

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, 19^th – 25^th 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

35+ years of experience representing hospitals, health care systems, physicians, ambulatory surgery and imaging centers, nursing homes, home health care agencies, OT’s / PT’s, psychologists, dentists, clinical social workers, and other health care providers.

Has handled hundred of disputes, transactions, investigations and claims including Anti-Kickback; Stark; Medicare; false claims; antitrust; tax exemption; HIPAA; fee splitting; corporate practice and HCQIA matters.

Alternative Dispute Resolution Experience

• Arbitrator for the American Health Lawyers Association’s Alternative Dispute Resolution Service.
• Member of the American Arbitration Association’s Commercial Arbitration and Health Law Panels.

Since 2008, has arbitrated dozens of cases under the AHLA and AAA rules.  Arbitrated cases include disputes between owners of physician practices as well as claims disputes between payors and providers.  Other cases involve disputes regarding EMR contracts, website licensing, employment, medical staff bylaws and credentialing.

Arrangements, claims and transactions successfully negotiated, drafted and resolved, as the case may be, on behalf of hospital, physician and other healthcare clients include:

• Hospital affiliations
• Hospital system governance and system integration issues, including audit, corporate compliance, credentialing, risk management, medical staff, business ethics, executive compensation and charity care;
• Dozens of joint venture arrangements involving imaging centers, ambulatory surgery centers, wound care, physical therapy, dialysis, sleep labs, cardiac catheterization, information technology, clinical laboratories, home health care, and radiation oncology.
• Hundreds of physician employment contracts,
• Dozens of contracts in each of the following categories; a) exclusive hospital/physician contracts; b) physician group practice operating, partnership and/or shareholders agreements; c) managed care contracts; d) sale or acquisition of physician practices, home health care agencies and diagnostic and treatment centers; e) medical directorship arrangements; f) vendor contracts, including high tech medical equipment, hardware and software and other leases or acquisitions; g) physician recruitment arrangements; g) real estate purchases, sales and leases; and i) physician nominee arrangements.
• Tax exempt bond financing transactions;
• Dozens of 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;
• The closure of several hospital based departments including litigated matters under PHL 2801b and federal and state antitrust laws;
• False claims litigation and investigations;
• 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 and medical staff 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.
• Drafted numerous management and administrative service arrangements in the health care arena;

Alternative Dispute Resolution Training

Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; Writing Arbitration Awards ~ A Guide for Arbitrators, 2017; AAA Best Practices in Commercial Arbitration, 2017; Death By Discovery, Delay and Rules Training Materials, 2016; Arbitrating in a Digital World: Fair and Expeditious Management of Electronic Discovery, 2016; AAA eDiscovery: Arbitration in a Digital World (ACE 12), 2015; AAA Top Techniques for Improving Arbitration Case Management Efficiency, 2015; AAA 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.

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
• Presentation, “Physician Practice Acquisitions Legal Nuts and Bolts” at an HFMA seminar

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