Daniels, Porco and Lusardi, LLP

Firm Overview

Main Office
Main Office
1 Memorial Ave
Pawling  NY  12564
Phone
  • (845) 855-5900
Fax

David E. Daniels

David E. Daniels, Managing Partner in the firm, practices primarily in the areas of Health Law, Business/Corporate Law, Estate Planning, Elder Law and Estate Administration. He serves as counsel to numerous hospitals, physicians, other business and health care entities and individuals. 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, 19th, 20th, 21st and 22nd 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: 30 years representing hospitals, health care systems, physicians, physician's assistants, ambulatory surgery centers, imaging centers, nursing homes, home health care agencies, occupational and physical therapists and other health care providers. Has handled hundreds of disputes, transactions, investigations and/or claims involving healthcare statutes, regulations and areas of practice, including the federal Anti-Kickback statute; Stark law; Medicare, Medicaid and other third payer reimbursement issues; federal/state false claims acts; antitrust laws; tax exemption statutes and regulations; intermediate sanctions; HIPAA; fee splitting; corporate practice of medicine; state credentialing statutes; and HCQIA. Arrangements, claims and transactions successfully negotiated, drafted and resolved include:

Hospital affiliations, including the establishment of new hospital systems and affiliation of community hospitals with multi-hospital systems;
Hospital system governance and system integration issues, including establishment and implementation of committees and policies in areas such as audit, corporate compliance, joint credentialing, allocation of funds, risk management, medical staff relations business ethics and conflicts of interest, executive compensation and charity care;
Joint venture arrangements involving MRI, CT and other imaging centers, ambulatory surgery centers, wound care, physical therapy, dialysis, sleep labs, cardiac catheterization, information technology, clinical laboratories, home health care, and radiation oncology, joint extension clinics and hospital based outpatient departments;
Physician employment contracts, including provisions for payment for performance and other incentive compensation;
Physician group practice operating, partnership and/or shareholders agreements;
Managed care contracts;
Sale or acquisition of physician practices, home health care agencies and diagnostic and treatment centers;
Exclusive contracts with hospital based physicians;
Medical directorship arrangements;
Vendor contracts, including high tech medical equipment, hardware and software and other leases or acquisitions;
Physician recruitment arrangements;
Real estate purchases, sales and leases; and
Physician nominee arrangements.
Tax exempt bond financing transactions for not for profits and municipalities;
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;
Closure of hospital based departments, including litigated matters under PHL 2801b and/or federal and state antitrust laws;
False claims litigation and/or investigations by the OIG, OMIG and the NY Attorney General;
PC nominee arrangements and establishment of PLLCs as disregarded entities;
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, medical staff and physician group practice 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.
License
  • Bar Number: 096661
    New York , 1983
  • Bar Number: 301633
    Connecticut , 1982

Robert J. Baror

Robert Baror, a cum laude graduate of Harvard University and the Cardozo School of Law, is experienced in all facets of employment law. Mr. Baror has tried and won cases in state and federal courts on issues such as disability discrimination, retaliation, breach of employment agreements, and other employment law issues. Clients Mr. Baror has successfully represented include a Fortune 500 defense contractor, women sexually harassed by the pastor of a large church in Prince George's County, and individuals who were not paid overtime while being "on call."

Mr. Baror, a former Chair of the Employment Law Committee of Maryland Defense Counsel, Inc., has been published in The Federal Lawyer magazine and For the Defense magazine on issues of disability discrimination and employee rights concerning social media. Additionally, he has presented on employment law topics to various human resources groups, including at an EEOC conference and a national gathering of church leaders. As a board member of the Maryland Chapter of the Federal Bar Association, Mr. Baror has regularly moderated panels at continuing legal education seminars.

Representing both employers and employees gives Mr. Baror an edge in any litigation because his experience representing both sides allows him to anticipate and understand opposing counsel's next moves and to put this to the advantage of his clients. As an experienced employment lawyer, Mr. Baror is able to provide clients with counsel to avoid litigation when that is possible, but he is always prepared to aggressively litigate any case that requires it.

Mr. Baror, who was on Law Review, is admitted to practice law in Maryland, the District of Columbia, New York, and Connecticut. He is also admitted to the U.S. Supreme Court, the Fourth Circuit Court of Appeals, the U.S. District Court for the District of Maryland, and the U.S. District Court for the District of Columbia.
License
  • Bar Number: 425891
    Connecticut , 2007
  • Bar Number: 4430179
    New York , 2006
  • Bar Number: 0912150057
    Maryland , 2009

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