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DenaDeFazio

She | Her | Hers

Associate

"I use both my legal skills and background in social work to generate unique, comprehensive approaches to resolving critical issues for health care clients."

Overview

Biography

Dena focuses her practice on regulatory and compliance issues in the health care and human services industry. She assists health care and human services providers with regulatory and compliance matters, including audits and investigations, reimbursement issues, the provision of telehealth services, and health information privacy and security compliance, including HIPAA and the 21st Century Cures Act. Dena has experience working with behavioral health providers, home care agencies, mental health providers, and agencies serving individuals with developmental disabilities. She also routinely assists with research, writing, and presentations, and drafts memoranda and other transactional and litigation documents.

Dena also routinely conducts trainings and presentations for health care practitioners, administrators, and employees on supporting the LGBTQIA+ community in professional health care environments. She also assists employers with labor and employment–related matters pertaining to the LGBTQIA+ workforce.

Bar Associations

  • New York State Bar Association, Health Law and Young Lawyers Sections Member; Working Group on Attorney Mental Health Member; Committee on Diversity, Equity, and Inclusion Member and Programming Subcommittee Co-Chair; Task Force on Racism, Social Equity, and the Law Health Care Subcommittee Member; Task Force on the Treatment of Transgender Youth in Sports Member

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
Experience

Representative Experience

  • Served as counsel to a home health care agency and provided representation in multiple audits by the Office of Medicaid Inspector General (OMIG), resulting in significant reductions in overpayment amounts. Also negotiated settlement agreements with OMIG, resulting in agreements for even lower overpayment amounts.
  • Representing a physician in a landmark lawsuit against insurers for failing to protect the physician's confidential information from fraud and abuse by third parties.
  • Served as counsel to a direct support professional of a developmental disabilities provider and appealed a substantiated Category 2 physical abuse finding by the NYS Justice Center for the Protection of People With Special Needs, resulting in the findings being unsubstantiated.
  •  Served as counsel to a direct support professional of a developmental disabilities provider and provided representation appealing Category 1 serious physical abuse and Category 2 neglect findings by the NYS Justice Center for the Protection of People With Special Needs, resulting in both findings being unsubstantiated.
  • Representing a not-for-profit rural health care enterprise in restructuring and corporate governance matters.
  • Assisting a domestic violence education and advocacy agency with its corporate dissolution, not-for-profit incorporation, and 501(c)(3) status.
  • Represented a pro bono client seeking a legal name change, and obtained an order granting leave to change name from the Albany County Supreme Court.
  • Assisted a licensed mental health counselor with the formation of a professional limited liability company.
  • Assisted a hospital with preparing and implementing a Workplace Gender Transition Policy and Gender Transition Plan to support a transgender employee, and provided training to management, administrators, and staff on sexual orientation, gender identity, and gender expression.

Prior Experience

  • Barclay Damon LLP, Summer Associate
  • Albany Law School Government Law Center, Law, Technology, and Entrepreneurship Legal Intern
  • Albany Law School Clinic & Justice Center, Health Law Clinic, Legal Intern
  • Albany County Family Court to Judge Susan Kushner, Summer Legal Intern

Selected Community Activities

  • Delta Phi Epsilon International Sorority, Union College Zeta Kappa Chapter, Academic Affairs Advisor

Selected Honors

  • Best Lawyers: Ones to Watch in America™: Health Care Law, 2023
  • Selected to Super Lawyers Upstate New York Rising Stars: Health Care, 2021–2022
  • Albany Law School, Gold Public Service Award, 2018; Moscowitz Health Law Clinic Prize, 2018
  • In Our Own Voices, LGBT Community Advocacy Award, 2017
  • Prisoners’ Legal Services of New York, Robert F. Bensing Award, 2017
Knowledge

Selected Speaking Engagements

  • National Association of Social Workers – New York State Chapter (NASW-NYS), “How to Survive a New York State Justice Center Investigation”
  • Anxiety and Depression Association of America, “Telemental Health and the COVID-19 Pandemic: The Basics”
  • New York Medical Group Management Association, “The New Information Blocking Rule: What Providers Need to Know” Webinar
  • In Our Own Voices, Inc. Unity Through Diversity National Lesbian, Gay, Bisexual, and Transgender People of Color Health Conference, “Legal Considerations in LGBTQIA+ Health Care”
  • American Bankruptcy Institute Annual Spring Meeting, “A Primer on Gender Identity and Pronoun Usage,” Diversity Working Group Presentation

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Office of Cannabis Management Preview of NYS Adult-Use Cannabis Regulations

Alerts

Moving Defendant Relying on a Complete Defense Need Not Disprove Every Exception

Alerts

Red Flags That a Company May Be in Financial Trouble, Part 1

Alerts

NYS Appellate Court Sustains College's Tenure Terminations

Alerts

New Guidance for Adult-Use Retail Dispensaries in New York State

Alerts

ADA Accessibility Lawsuits: Tester Plaintiffs—Deborah Laufer, Robert Petropoulos, Saim Sarwar, and Others—Targeting Massachusetts Businesses in Continued Flurry of Federal Lawsuits

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