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EricNaegely

Partner

"I understand the importance of always being available and ready to assist my clients regardless of the day or time."

Overview

Biography

An experienced litigator and trial attorney, Eric primarily concentrates his practice on health care law and professional liability and has successfully tried numerous cases to verdict. Eric represents health care and human service providers in matters that include civil litigation, NYS Justice Center investigations and hearings, mental-health-law hearings, government audits, family-court proceedings, and disciplinary matters brought by the NYS Office of Professional Medical Conduct and the NYS Office of the Professions.

Eric additionally counsels health care and human service providers on billing and coding, patient care, medical-record requests, HIPAA and confidentiality, reporting requirements, quality assurance, telemedicine, and other regulatory issues.

Eric also handles family and matrimonial law matters, including divorces, separation agreements, prenuptial agreements, and matters involving child custody, visitation, and child support.

Bar Associations

  • Bar Association of Erie County
  • New York State Bar Association

Selected Memberships & Affiliations

  • LeadingAge New York
  • New York State Health Facilities Association (NYSHFA)
Experience

Representative Experience

  • Successfully defended numerous health care providers in civil actions.
  • Represented health care and human service providers in actions brought by the NYS Departments of Health and Education, the Justice Center, and the Office of Professional Discipline.
  • Successfully defended a large developmental-disability provider against a HIPAA complaint brought by the US Department of Health and Human Services’ Office of Civil Rights.
  • Represented health care and human service providers in family court.
  • Provided advice to providers on responding to medical-record requests and complying with HIPAA, the NYS Mental Hygiene Law, and 42 CFR Part 2.
  • Conducted internal investigations for providers on matters ranging from patient complaints to potential employee misconduct.
  • Represented numerous providers in audits brought by the Office of the Medicaid Inspector General, the NYS Department of Health, and the Office for People With Developmental Disabilities.
  • Prepared internal policies and procedures for health care and human service providers on numerous topics.
  • Provided internal training for clients on HIPAA compliance, disclosure of medical information, internal investigations, mandated reporting, medical charting, court testimony, and customer service.
  • Counseled clients on daily risk-management and patient-care issues.
  • Successfully defeated a $1.6 million liability arising from an Office of Medicaid Inspector General (OMIG) finding that an intellectual/developmental disability (I/DD) agency documentation was insufficient to support reimbursement it received for services provided.
  • Successfully defeated a $1.6 million liability arising from an Office of Medicaid Inspector General (OMIG) finding that an intellectual/developmental disability (I/DD) agency documentation was insufficient to support reimbursement it received for services provided.
  • Handled a HIPAA privacy breach for a provider involving disclosures to and settlements with the US Department of Health & Human Services Office for Civil Rights (HHS-OCR) and the NYS Attorney General.

Prior Experience

  • Damon Morey LLP, Partner
  • Muscular Dystrophy Association of Western New York, Program Coordinator

Selected Community Activities

  • Muscular Dystrophy Association of Western New York

Selected Honors

  • Selected to Super Lawyers Upstate New York: Family Law, 2015-2019
  • Barclay Damon, Cliff Wilson Mentoring Award, 2015
  • Selected to Super Lawyers Upstate New York: Personal Injury Defense: Medical Malpractice, 2003-2014
  • University at Buffalo School of Law, Robert J. Connolly Award for Excellence in Trial Advocacy, 1998
Knowledge

Selected Speaking Engagements

  • Adirondack Health Information Management Association’s (ADHIMA), "The Ever Growing World of Medical Malpractice and Other Legal Issues"
  • ASAP Annual CEO Executive Leadership Pre-Conference Institute, “2019 Legal Update”
  • Central New York Health Information Management Association (CNYHIMA), "The Disclosure of Confidential Health Information"
  • Leading Age New York Annual DNS/DSW Conference, “Incident Investigating and Reporting"
  • New York State Health Facilities Association (NYSHFA), "Legal Issues Facing Long Term Care Facilities"

Selected Alerts & Blog Posts

Featured Media

Alerts

New NYS Hemp Legislation Signed

Alerts

NY Green Bank and NY PSC: Energy Storage Updates

Alerts

House Judiciary Committee Advances MORE Act

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