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
Lectures
- 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.”
Publications
- 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
- 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