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FranCiardullo

She | Her | Hers

Special Counsel

"I find it deeply satisfying when I'm able to assist health care providers in finding solutions to their legal risk-management issues."

Overview

Biography

Fran primarily concentrates her practice on health care and risk-management issues. She routinely counsels physicians, physician groups, dentists, hospitals and health systems, nursing homes and assisted living facilities, and other providers on matters involving professional misconduct, professional liability, medical-staff issues, scope of practice, mandated reporting, peer review, and regulatory compliance. Fran also handles consent for treatment and surrogate decision making, patient care, EMTALA, and health-information privacy issues.

A former Town of Schroeppel town justice, Fran is also trained in alternative dispute resolution and has mediated and arbitrated a variety of civil actions and disputes. She routinely publishes industry articles and presents educational programs on legal matters to hospitals, medical and dental practices, and trade associations.

Bar Associations

  • American Bar Association, Health Law Section
  • New York State Bar Association, Health Law Section
  • Onondaga County Bar Association, Former Director, Health Law Section Member
  • Central New York Women’s Bar Association, Former President

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
  • Central New York Healthcare Business Alliance, Member
Experience

Representative Experience

  • Served as counsel to the largest writer of professional-liability insurance in New York State, providing legal risk-management services for insured physicians, dentists, hospitals, nursing homes, and other facilities.
  • Served as defense counsel in Balaklaw v. Lovell, a federal Second Circuit case involving the grant of an exclusive contract by a hospital to an anesthesia group. The case is now widely cited in health care antitrust litigation as an example of the principle of antitrust injuries.
  • Represented CNY hospitals in disputes involving medical staff membership and corrective action under the medical staff bylaws.
  • Provided risk-management services to MLMIC-insured hospitals, clinics, nursing homes, surgery centers, physicians, and dentists. Also provided legal guidance to facilities and professionals on a wide range of organizational and patient care issues, including HIPAA and the disclosure of medical information under NY law, EMTALA, peer review, consent for treatment, professional liability, patient discharge/abandonment questions, and the scope of practice.

Prior Experience

  • Fager Amsler Keller & Schoppmann, LLP, Counsel
  • Costello, Cooney & Fearon, LLP, Partner
  • Town Justice, Town of Schroeppel

Selected Community Activities

  • Menorah Park of CNY, Inc., Board of Directors, President
  • NYS Office of Court Administration, Former Senior Faculty Instructor for Town and Village Justice Training Programs
  • The New School for Social Research, Graduate School of Management and Urban Policy, Former Health Care Administration Faculty Member
  • SUNY Health Science Center Medical Humanities Program, Former Lecturer
  • Syracuse University College of Law, Board of Visitors Member and Former Health Law Adjunct

Selected Honors

  • Jewish Federation of Central New York, Esther and Joseph Roth Award in Recognition of Outstanding Jewish Community Leadership, 2023
  • The Best Lawyers in America®: Health Care Law, 2022–2023
  • NYS Commission on Judicial Conduct, Appointed by Former Chief Justice Judith Kaye as Vice Chair, 2001–2004
Knowledge

Selected Speaking Engagements

  • LeadingAge New York Annual Conference & Exposition, "Getting Paid: Best Practices to Avoid Nonpayment"
  • New York Medical Group Management Association Annual Conference, "2022 Legal Update"
  • Buffalo Niagara Dental Meeting, "Legal Pitfalls in the Modern Dental Practice"
  • Empire State Association of Assisted Living 39th Annual Conference and Trade Show, "Accommodation of Disabilities and Language Interpreters"
  • New York Medical Group Management Association, "The New Information Blocking Rule: What Providers Need to Know" Webinar

Selected Media

Selected Alerts & Blog Posts

Featured Media

Alerts

Fourth Department Finds Language in 1980 Statute Is Gender Neutral for Purposes of Child Victims Act

Alerts

Priority of Federal Tax Lien on Personal Property: Secured Lender vs. IRS

Alerts

COVID-19 Business Interruption Update: New York High Court Affirms in Favor of Insurer

Alerts

USFWS Introduces General Permit for Bald and Golden Eagle Incidental Take

Alerts

ORES Executive Director Issues First Denial of Section 94-C Permit Application Following Applicant's Partial Loss of Site Control

Alerts

New Details About OPWDD Spending in the New York State FY 2025 Executive Budget

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

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