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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 30 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.
  • Handled an internal sexual harassment and hostile work environment investigation for a not-for-profit agency and provided training on sexual harassment prevention.
  • Conducted an internal investigation of an agency's policies and procedures in handling discrimination allegations and diversity, equity, and inclusion issues at the behest of the CEO. An investigation and review were conducted and a summary was given to the CEO recommending new policies and procedures to improve diversity, equity, and inclusion efforts.

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

Northern Long-Eared Bat Granted Federal Endangered Status

Alerts

USFWS Proposes Revision to African Elephant 4(d) Rule

Alerts

Red Flags That a Company May Be in Financial Trouble, Part 2

Alerts

NYS Governor Hochul Signs Bill Requiring Posting of Veterans' Benefits and Services

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

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