David A. Zarett

David A. Zarett
Rated by Super Lawyers

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David A. Zarett
Rated by Super Lawyers

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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. Currently, Mr. Zarett serves as 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 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, and 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 agreements, structuring the business arrangements between physicians and organizations such as hospitals and ambulatory surgery centers, and most recently the inflow of private equity and venture capital investment into the healthcare industry. Mr. Zarett has been in the 2013-2020 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.

Education & Jurisdictions
  • Benjamin N. Cardozo School of Law, J.D., 1985
  • University of Rochester, B.A., 1982
  • Licensed in NY & NJ
Honors and Awards
  • Super Lawyers, 2013-2020
  • Top 100 Registry, 2019
  • Top Attorneys in the New York Metro Area, 2019
  • Nassau County Bar Association, Co-Chair of “Hospital and Health Law Section,” 2011-2013
Faculty Appointments
  • Fordham School of Law, Adjunct Professor, Healthcare Law and Policy, 2017-Current
  • Mr. Zarett was a speaker at the ABA’s Physicians Legal Issues: Healthcare Delivery and Innovation Conference on September 23, 2020 where he discussed 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 at the National Practitioner Data Bank (NPDB) webinar. 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.
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.”