High Quality Services And Personal Attention
David A. Zarett
David A. Zarett
Mr. Zarett, a founding member of the Firm, leads our litigation and administrative proceedings practice. He also serves as an Adjunct Professor of Law at Fordham Law School, where he teaches a class in Healthcare Law and Policy. For over 30 years, Mr. Zarett has focused his law practice on the representation of healthcare providers in state and federal courts, arbitration proceedings, and before numerous administrative bodies, such as:
• Medical staff/clinical privileging disputes, intra-hospital hearings, Public Health and Health Planning Council appeals, and court challenges;
• Physician employment disputes/terminations by hospitals, large health systems and multi-disciplinary practices;
• State disciplinary (OPMC and OPD) investigations and proceedings;
• Practice dissolutions, restrictive covenant cases, partner buy-out disputes;
• Insurance plan terminations and non-renewals;
• Resident physician and fellow grievance matters;
• Coordination with the New York State the Committee for Physician Health.
Mr. Zarett also has extensive experience in representing physicians in transactional matters such as practice acquisitions by hospitals and health systems, institutional employment agreements, structuring the business arrangements between physicians and organizations such as hospitals, management service companies, ambulatory surgery centers, and most recently the inflow of private equity and venture capital investment into the healthcare industry.
• Representing numerous physicians in litigation over entitlement to MLMIC demutualization funds.
• Representing voluntary attending physicians in economic credentialing administrative proceeding.
• Represented several radiology practices in federal antitrust litigations against national radiology benefit management company.
• Representing licensed home health agencies in arbitration to recover recouped managed care payments.
• Represented ophthalmologists in state court litigation arising from wrongful termination of medical staff privileges due to failure to pay “Dean’s tax” to academic teaching hospital.
• Mr. Zarett will be holding a CLE webinar, “Meeting NPDB Reporting Requirements When Navigating a Peer Review Matter” on Thursday, March 30 from 1:00pm-2:30pm EDT. Click Here for more information.
• Mr. Zarett held a Zoom speaking about the National Practitioner Data Bank and Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies on Wednesday, May 11, 2022.
• Mr. Zarett was a presenter at webinar “Beware of the Potential Perils and Pitfalls of Inadequate Medical Malpractice “Tail” Coverage” on Wednesday, March 9, 2022.
• Mr. Zarett was a panelist for a CLE presentation regarding the National Practitioner Data Bank on Wednesday, April 21, 2021.
• Mr. Zarett was a speaker at the Substance Abuse CME Webinar Series, Treating Physicians: A Roadmap Beyond the Pandemic on March 9, 2021 where he discussed how the COVID-19 pandemic prompted an unprecedented number of changes to the evaluation, treatment, and monitoring of physicians with substance use disorders including the unprecedented use of telehealth to deliver these services.
• Mr. Zarett was a speaker at the ABA’s Physicians Legal Issues: Healthcare Delivery and Innovation Conference on September 23, 2020 where he discussed the best practices for managing staff privileges and discipline.
• Mr. Zarett was chosen as one of the select few to speak at the Physicians Legal Issues Conference: Collaboration, Integration & Innovation at The InterContinental Chicago Magnificent Mile in Chicago, IL from September 12-14, 2019. He discussed Medical Staff Privileging Disputes Including Typical Problems and Practical Solutions.
• Mr. Zarett was a panelist for a CLE presentation on the National Practitioner Data Bank (NPDB), sponsored by Strafford Webinars on February 14, 2019. This CLE webinar guided healthcare counsel on NPDB reporting obligations and recent changes to the requirements. The panel also addressed navigating through the gray areas of reporting and examined how the courts have dealt with thorny reporting issues. As the webinar was so well-received, it was re-broadcasted in mid-April 2019.
• Mr. Zarett was a panelist discussing the National Practitioner Data Bank (NPDB); this CLE webinar guided healthcare counsel on NPDB reporting and the recent changes to the requirements. The panel also addressed navigating through the gray areas of reporting and examining how the courts have dealt with thorny reporting issues.
• Mr. Zarett was one of several invited guest speakers for the annual meeting of NAMSS, the National Association of Medical Staff Services in September 2013. Mr. Zarett gave a presentation entitled “Legal Considerations Affecting Credentialing Decisions: The Physician’s Perspective,” which discussed a wide variety of legal issues facing physicians involved in credentialing activities. Topics discussed included the administration of the credentialing process, “due process” mechanisms to challenge adverse credentialing decisions, and reporting obligations to the National Practitioner Data Bank and state licensing authorities.
• Mr. Zarett spoke at the 2013 Healthcare Conference, sponsored by the Foundation for Accounting Education, on legal developments regarding the acquisition of medical practices by hospitals and large multi-specialty practices.
• Mr. Zarett was asked to guest lecture at Hofstra Law School in 2015 and 2011 on the subject of antitrust considerations in the healthcare industry.
- Fordham School of Law, Adjucts Professor, Healthcare Law and Policy. 2017-Current
- Healthcare Law
- Business Law
- Commercial Litigation
- Employment Law
- Private Equity & Healthcare
- Super Lawyers
- Top 100 Registry
- Top Attorneys in the New York Metro Area
- Nassau County Bar Association, Co-Chair of “Hospital and Health Law Section”
- New York
- New Jersey
Classes & Seminars
- Fordham School of Law, Adjunct Professor, Healthcare Law and Policy, 2017 - Current
- “Meeting NPDB Reporting Requirements When Navigating a Peer Review Matter”, CLE Webinar
- National Practitioner Data Bank and Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies, 05/11/2022
- “Beware of the Potential Perils and Pitfalls of Inadequate Medical Malpractice “Tail” Coverage”, 03/09/2022
- Treating Physicians: A Roadmap Beyond the Pandemic, Substance Abuse CME Webinar Series, 03/09/2021
- Physicians Legal Issues: Healthcare Delivery and Innovation Conference, ABA, 09/23/2020
- Medical Staff Privileging Disputes Including Typical Problems and Practical Solutions, Physicians Legal Issues Conference: Collaboration, Integration & Innovation at The InterContinental Chicago Magnificent Mile in Chicago, IL, 09/12/2019 to 09/14/2019
- Panelist for a CLE presentation on the National Practitioner Data Bank (NPDB), Strafford Webinars, 02/14/2019
- “Legal Considerations Affecting Credentialing Decisions: The Physician’s Perspective”, National Association of Medical Staff Services, 2013
- Legal Developments regarding the acquisition of medical practices by hospitals and large multi-specialty practices, Healthcare Conference sponsored by the Foundation for Accounting Education, 2013
- Antitrust Considerations in the Healthcare Industry, Hofstra Law School, 2011
- Antitrust Considerations in the Healthcare Industry, Hofstra Law School, 2015
Current Employment Position
- Shareholder / Director
- Benjamin N. Cardozo School of Law, New York, New York
- J.D. - 1985
- Honors: Jacob Burns Medal, first in his class with the highest academic average over three years
- University of Rochester
- B.A. - 1982
- Honors: cum laude
- Honors: High Distinction
- Nassau County Bar Association, Co-Chair of “Hospital and Health Law Section,” 2011 - 2013
- Employment Termination in the Absence of Professional Review Did Not Merit Report to National Practitioner Data Bank
- Medicaid Fraud Control Unit Alleges Illegal Fee-Splitting by New York Physicians in Billing Vendor Arrangements
- 21st Century Cures Act Promises Greater Interoperability and Less Information-Blocking in Health Information Technology, Among Other Reforms
- OIG’s New Civil Monetary Penalties Regulations Offer Insight into the Agency’s Decision-Making Process
- Contributing Author to American Health Lawyers Association, Peer Review Hearing Guidebook, Second Edition 2013 (summary of NY statutory provisions on intra-hospital hearing procedures)
- Hospital Medical Staff Membership and Privileges: Rules for Attending Physicians and Hospital-Employed Physicians, in the Legal Manual for New York Physicians, a collaboration between the Health Law Section of the New York State Bar Association and the Medical Society of the State of New York. First through Fourth Editions
- Joint Commission MS.01.01.01: A Golden Opportunity for Physicians to Level the Playing Filed at Intra-Hospital Hearings, New York State Bar Association, Health Law Section, Health Law Journal
- New York State Physician Profile: A Practitioner’s Guide, Nassau County Bar Association, Nassau Lawyer
- Do Bad Fences Make Bad Neighbors after Scurti v. City of New York, Cardozo Law Review
- NATIONAL PRACTITIONER DATA BANK (NPDB) REPORTING RULES REGARDING A “RESIGNATION OR SURRENDER OF PRIVILEGES WHILE UNDER INVESTIGATION”
- New York Court Awards Attorney’s Fees To A Patient Sued By a Physician for Defamation Based on a Negative On-Line Review
- NJ District Court Declared Cross-Plan Offsetting a Violation of ERISA
- Treating Physicians: A Roadmap Beyond the Pandemi
- Preliminary Injunctive Relief And Medical Staff Privileging Disputes
- American Health Law Association – OPMC Complaint
- New York’s Highest Court Denies Right to Recover for OPMC Complaint Filed in “Bad Faith”
- New York Supreme Court Dismisses Employer’s Complaint in MLMIC Litigation
- Department of Health Prescribes Additional Opioid Treatment Guidelines
- National Practitioner Data Bank Updates NPDB Guidebook for 2018
- What Physicians Need to Know About Prescribing Opioid Medications
- State Law Claim by Out-of-Network Physician Against Insurer Not Preempted by ERISA, Second Circuit Finds