Administrative Litigation & Regulatory Proceedings

Governmental regulation and oversight is a fact of life for many of our institutional clients. The need for knowledgeable and skilled counsel in dealing with regulatory matters, and particularly in disputes with governmental agencies, cannot be overstated. We represent corporations and not-for-profit entities in dealings with, among others, the New York State Department of Health, the New York State Department of Environmental Conservation, the Office of Inspector General of the Department of Health and Human Services, OSHA, the New York State Department of Labor, the State Division of Human Rights, the EEOC, the Office of Professional Misconduct, the Office of Professional Discipline, the New York State Public Service Commission, the Provider Review Reimbursement Board and the Office for Civil Rights of the Department of Justice. We handle negotiations with those agencies, and if those negotiations do not resolve the matter we handle the resulting administrative hearing, as well as proceedings before state and federal courts.

Representative administrative matters include:

• Representing provider of assisted living services in litigation challenging certain regulatory prohibitions, and subsequently assisting provider’s governmental relations team in discussions with agency leading to legislative resolution.
• Assisting municipality in various proceedings conducted at the administrative level relating to special assessments, and representing it in subsequent judicial proceedings under Article 7 of the Real Property Actions and Proceedings Law, and Article 78 of the New York Civil Practice Law and Rules.
• Representing nursing home provider at administrative proceedings, and in subsequent Article 78 litigation at trial and appellate levels, challenging its geographic grouping for purposes of calculation of its Medicaid reimbursement rate.
• Securing writ of prohibition against governmental agency, pursuant to Article 78, preventing agency from conducting unauthorized administrative hearing.
• Representing apartment complex owner at administrative hearings following the drowning death of tenant.
• Representing County officials in proceedings before United States Senate Ethics Committee.
• Representing hospitals in investigations and related proceedings conducted by the Commission on the Quality of Care for the Mentally Disabled.
• Defending nurse in multiple hearings conducted by Department of Education’s Office of Professional Discipline, following death of patient in the Emergency Department, and securing the dismissal of all charges after conclusion of those hearings.
• Representing university alleged to have violated Americans with Disabilities Act, and parallel state statutes, in proceedings before the Office for Civil Rights.
• Regularly representing hospitals and nursing homes in administrative proceedings, administrative appeals, and Article 78 proceedings, challenging reimbursement rate determinations and other agency decisions.
• Defending manufacturers in proceedings before the Occupational Safety and Health Administration, following serious injury or death in the workplace.
• Regularly representing employers in proceedings before the EEOC, and its state and local counterparts, arising from charges of discrimination and retaliation.
• Regularly defending physicians and allied healthcare professionals in disciplinary proceedings before the Office of Professional Medical Conduct, and the Office of Professional Discipline.