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Regulatory Affairs / Not for Profit - The Law Office of Susan F. Zinder, PLLC
Regulatory Affairs / Not for Profit
Situation: Hospital facing unanticipated $15 million exposure
10-year-old GL claim being defended by hospital’s former GL carrier
Transition in hospital’s risk management department resulted in loss of institutional memory and records regarding claim
Client unaware that hospital excess carrier disclaimed coverage
Client unaware that insurance counsel lost trial as to liability
Insurance counsel contacted hospital for at end of damages trial — and on the day before a holiday weekend — to obtain client funds for settlement
Based upon available information, client refused to provide funds; attorney lost damages trial, resulting in $15M exposure
Legal issues:
Need to reassert active oversight of matter through engagement of experienced trial and insurance coverage counsel
Need to persuade excess coverage carrier of their inability to disclaim coverage in order to reduce client exposure
Legal solution/strategy:
Reconstruct claim history
Engage new counsel and develop legal strategy
Address excess carrier’s untenable position and convince all of client’s inability to contribute to settlement
Outcome:
Excess carrier was brought to table and assumed liability
Case was settled with no out of pocket expense for client
Situation: Financially unstable hospital needed to finance acquisition of new diagnostic equipment
Limited ability to raise capital through usual means (e.g. bonds)
Received multiple New York City Council capital allocations, which remained unfunded
Legal issues:
Inefficient City processes delayed urgently-needed capital funding for years
Regulators required client to own and possess equipment prior to drawing funding
Interim unsecured equipment financing required
Acquisition and equipment maintenance agreements required
Legal solution/strategy:
Anticipate City needs and rigidly organize all submissions to proactively address NYC concerns
Negotiate equipment acquisition, financing and support agreements with vendor
Ensure that vendor needs were met by initially securing the loans and client needs met by an early release of lien in order to satisfy City
Outcomes:
Client deployed sophisticated medical equipment to help its inner-city patients
Situation: Client displaced from home, unable to further its mission
Client has owned property for over 50 years
Property was only asset
Building destroyed by fire, insurance unavailable
Legal Issues:
Client had allowed intellectual infrastructure to become seriously outdated
Property subject to various government sanctions
Client had limited access to potential donors
Client needs to partner with developer to redevelop property and rebuild
Legal Solution/Strategy:
Update governance documents, including bylaws and investment policies
Resolve outstanding citations and real estate tax exemption issues
Recruit team and create strategy to redevelop property so it can both house client’s mission and provide a sustainable income stream to client
Reach out to potential funders
Outcome:
Project ongoing.
Situation: Client developing new business technologies in healthcare
Technology application was new
Regulatory guidance was unclear
Previous counsel advised client to abandon business plan
Legal Issues:
Client’s proposed business model involved providers sending text messages to patients
Federal and state regulations — including HIPAA — affected viability of client’s business model
Legal structures needed to permit further development and deployment of business model within context of rapidly-developing regulatory scheme
Legal Solution:
Research myriad federal regulations, including HIPAA and TCPA
Research state regulations regarding health care information, information security and electronic signatures
Develop legal analysis supporting client’s business model
Create with client unique consenting and workflow processes enabling client’s business model
Outcome:
Client launched real time patient engagement platform with robust back-end analytic tools
Client company was acquired by larger entity approximately 4 years after launch