Attention:
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The National Practitioner Data Bank Master Class


Level: Advanced
Runtime: 95 minutes
Recorded Date: June 14, 2018
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Agenda


  • The purpose of the NPDB and how it works
  • Reporting requirements and processes
  • The U.S. Department of Health and Human Services (HHS) reporting guidelines and HHS guidance on reporting
  • Remedies for physicians who dispute a report
  • Issues raised for hospitals and physician
  • Hot topics
  • Recent case law
Runtime: 1 hour and 35 minutes
Recorded: June 14, 2018

Description

This program will provide an in-depth look at the National Practitioner Data Bank (NPDB), a federal database that tracks medical malpractice judgments, settlements, licensure actions, and hospital privilege corrective actions against physicians.

This program was recorded on June 14th, 2018.

Provided By

American Bar Association
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Panelists

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David A. Zarett, Esq.

Founding Member
Weiss Zarett Brofman Sonnenklar & Levy, P.C.

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 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 in the healthcare industry.

Mr. Zarett is 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 2013-2018 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.

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Len Rosenberg, Esq.

Partner/Director & Co-Chair of Litigation and Arbitration Practice Group
Garfunkel Wild, P.C.

Leonard M. Rosenberg is a Partner/Director and Co-Chair of the Litigation and Arbitration practice group at Garfunkel Wild, P.C., which he joined in 1985.

Mr. Rosenberg is also Co-Chair of the firm’s Appellate Litigation and Employment Law practice groups, and a member of the firm’s Health Care practice group. Mr. Rosenberg represents and counsels clients in federal and state court civil and administrative trials, appeals, arbitrations, hearings, and mediations. His practice includes litigation of a wide variety of health care, regulatory, commercial and business issues, including contract disputes, managed care audits, directors and officers insurance coverage disputes, and judicial review of agency and other administrative determinations.

Mr. Rosenberg’s health care practice includes over 30 years of experience representing hospitals, physicians, medical boards and trustees in medical staff credentialing and peer review matters, including intra-hospital hearings and appeals, proceedings before the New York State Public Health council, and litigation arising from the peer review process. Mr. Rosenberg also counsels and represents physicians in professional conduct proceedings before the New York State Department of Health, Office of Professional Medical Conduct (OPMC).

Mr. Rosenberg also has a broad employment law practice, defending clients against all types of employment claims, including age, race, gender, national origin, and harassment, as well as claims under the Americans With Disabilities Act, Family and Medical Leave Act, Fair Labor Standards Act, False Claims Act, whistleblower laws, wrongful discharge, breach of employment contract, defamation, and non-compete/restrictive covenant agreements.

Mr. Rosenberg is the editor of “In The New York State Courts,” a summary of recent court decisions in health care law. The column is a regular feature of the Health Law Journal published by the Health Law Section of the New York State Bar Association, of which Mr. Rosenberg is a sustaining member.

Mr. Rosenberg is also Vice Chair of the Editorial Board of The Health Lawyer, a journal published by the Health Law Section of the American Bar Association, and Vice Chair of Programming of the Section’s Health Care Litigation and Risk Management Interest Group.

Mr. Rosenberg received his undergraduate degree from Cornell University in 1976, and his J.D. from Boston University School of Law in 1979. Prior to joining the firm, Mr. Rosenberg served as an Assistant District Attorney in Kings County, New York.


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