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MargaretSurowka

She | Her | Hers

Special Counsel

"It is my privilege to zealously advocate for my clients and to help them navigate compliance with complex, evolving regulations."

Overview

Biography

Margaret serves as co-team leader of Barclay Damon's Health Care and Health & Human Services Providers Teams. A former general counsel at the New York State Dental Association with over 20 years of legal experience, Margaret has unique experience in health care and labor and employment. Her health care practice includes representing agencies, facilities, and individual providers in compliance matters, licensure, disciplinary, and ethics proceedings. She routinely counsels clients facing Medicaid, Medicare, and other governmental investigations and audits as well as assists with employment and contract matters. She assists clients with compliance programs and has successfully represented health care entities with significant disclosures to the federal and state government. Margaret also defends clients facing license revocation and represents them in disciplinary matters before the Office of Professional Medical Conduct and the Office of Professional Discipline. She also has defended daycare centers in proceedings brought by the New York State Office of Children and Family Services.

Margaret has decades of experience practicing labor and employment law. She counsels and represents employers on employment compliance issues and defends employers before the NYS Division of Human Rights. Margaret has conducted several internal investigations relating to sexual harassment allegations, discrimination complaints, and diversity and equity initiatives. She trains governing boards with respect to not-for-profit law and governance issues.

Bar Associations

  • Capital District Women’s Bar Association, Former President
  • New York State Bar Association, Commercial & Federal Litigation, Health Law, and Corporate Counsel Sections
  • Women’s Bar Association, Former Legislative Committee Co-Chair

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
  • National Institute of Trial Advocacy
  • National Society of Dental Practitioners, Board of Directors Member
Experience

Representative Experience

  • Represented numerous health care providers in OMIG audits and achieved termination and other successful audit results.
  • Represented and advised clients undergoing OMIG compliance-effectiveness reviews.
  • Represented health care professionals before state regulatory agencies and federal agencies with respect to licensure and Medicaid participation.
  • Represented health care professionals with substance-use disorders in disciplinary, certification, and insurance matters.
  • Represented and defended a restaurant owner in a NYS Department of Labor audit.
  • Successfully defended a physician in a revocation proceeding and subsequent appeal by the medical board.
  • Served as counsel in a trial in which the NYS Department of Health (DOH) and the NYS Office for People With Development Disabilities (OPWDD) were found responsible for funding the reasonable actual costs of administrative overhead in providing services under Medicaid.
  • Conducted a sexual harassment investigation involving claims against a CEO.
  • Conducted internal investigations relating to discrimination and diversity and equity.
  • Trained and advised board of directors in not-for-profit law duties and obligations.

Prior Experience

  • Hiscock & Barclay, LLP, Counsel
  • New York State Dental Association, General Counsel
  • McNamee, Lochner, Titus & Williams, P.C., Senior Litigation Associate
  • Corbin Silverman & Sanseverino, Litigation Associate
  • Chadbourne & Parke, Litigation Associate

Selected Community Activities

  • Hubbard Hall Center for the Arts and Education, Board Chair
Knowledge

Selected Speaking Engagements

  • New York State Bar Association Real Property Law Section's Committee on Not-For-Profit Entities and Concerns 2019 Annual Meeting Program, “Medicaid Reimbursement and the State’s Treatment of Administrative Overhead Expenses”
  • Barclay Damon, “Will Your Company Survive a Department of Labor Audit?” Webinar
  • Greater New York Dental Meeting, “Medicaid Fraud Forum,” Moderator and Presenter
  • Henry Spenadel Continuing Education Program, “Dental Jurisprudence and Ethics,” Course Developer and Presenter
  • Nurse Practitioner Association of New York State, “Steps to Starting and Maintaining a Successful NP Private Practice”

Selected Publications & Media

  • NYSBA Health Law Journal, “Nurse Practitioner Practice in New York State”
  • Bulletin for Ninth District Dental Society, “A Guide to Avoiding OPD”
  • New York State Dental Journal, “New York Setting the Standard for Responsible Dentistry”
  • New York State Dental Journal, “Prescription for Passing Inspection”
  • MGMA New York New York Beat, “COVID-19 Workplace Updates: Vaccinations and Safety Rule”

Selected Alerts & Blog Posts

Selected Podcasts

Featured Media

Alerts

Third Circuit Ruling Recognizes Due Process Claim in Favor of Drug Distributors Subjected to Quasi-Governmental Credentialing Standards

Alerts

CPLR Article 52 Is Exclusive Vehicle to Challenge Use of Enforcement Procedures

Alerts

HHS OCR Issues Guidance on the Use of Remote Communication Technologies for Audio-Only Telehealth Services

Alerts

ADA Accessibility Lawsuits: Appellate Court Affirms Dismissal of Braille Gift Card Complaints

Alerts

Subchapter Five Debt Limit Update: What Was Down Is Heading Back Up!

Alerts

President Biden Uses Production Defense Act Authority to Suspend Tariffs on Solar Imports From China and Other Countries Amid Ongoing Commerce Probe

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