David A. Zarett


Education & Jurisdictions


Benjamin N. Cardozo School of Law, J.D., 1985
University of Rochester, B.A., 1982
Licensed in NY & NJ

Publications


McCulloch Orthopaedic Surgical Services, PLLC v. Aetna, Inc.

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

David A. Zarett

D: 516-926-3301
T: 516-627-7000
F: 516-877-1172

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Mr. Zarett, a founding member of the Firm, leads our litigation and administrative proceedings practice. Upon graduating cum laude from the University of Rochester in 1982, Mr. Zarett attended the Benjamin N. Cardozo School of Law, where he was a Notes and Comments Editor for the Cardozo Law Review. He also received the Jacob Burns Medal after graduating first in his class with the highest academic average over three years. For over 30 years, Mr. Zarett has focused his practice on the representation of healthcare providers in state and federal courts, arbitration proceedings, and before numerous administrative bodies. He handles all phases of state disciplinary (OPMC and OPD) investigations and proceedings, medical staff privileging matters, resident physician and fellow grievance matters, coordination with the Physician Health Program for New York State the Committee for Physician Health. Mr Zarett also routinely handles disputes involving practice dissolutions, restrictive covenant matters, employment and partner buy-outs, insurance plan terminations and managed care organization audits. Given the increasing prevalence of direct physician employment by hospitals and health care systems, Mr. Zarett has expanded the scope of his practice to employment law issues with particular relevance to the interplay of medical staff privileging considerations. Mr. Zarett regularly represents physicians in matters against academic and teaching hospitals and medical centers, and has handled several cases involving federal antitrust law issues surrounding healthcare business arrangements. Mr. Zarett also has extensive experience in representing physicians in transactional matters such as practice acquisitions by hospitals and health systems, institutional employment agreement negotiations, and structuring the business arrangements between physicians and organizations such as hospitals and ambulatory surgery centers. Mr. Zarett was recently appointed as an adjunct professor of law at Fordham Law School, where he teaches a class in Healthcare Law and Policy. Mr. Zarett has been in the 2013-2016 Super Lawyers® New York Metro Edition, and has co-authored “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. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Notable Matters

  • Represented numerous physicians in medical staff privileging disputes with hospitals, include defense of summary suspensions and corrective action, due process internal hearings, appellate review, Public Health and Health Planning Council proceedings, and state and federal court litigation.
  • Represented several radiology practices in federal antitrust litigations against national radiology benefit management company.
  • 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.
  • Represented numerous physicians in state and federal court litigation, and arbitration proceedings, in connection with termination from private practice organizations.
  • Represented physician practices in disputes with hospitals regarding alleged breach of professionals service agreements and exclusive contracts.
  • Represented dozens of physicians in all phases of medical licensing proceedings against New York State Office of Professional Medical Conduct, from preliminary investigation through administrative hearings and appeals and judicial Article 78 review proceedings, along with license reinstatement proceedings.
  • Routinely assist physicians and practice in managed care company audits and recoupments, and Medicare and Medicaid audits.
  • Represents multiple physicians in medical malpractice insurance company terminations and “non-renewals.”

Honors and Awards

  • Super Lawyers, 2013-2016
  • Nassau County Bar Association, Co-Chair of “Hospital and Health Law Section,” 2011-2013

Lectures

  • 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.


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