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Regulatory Affairs / Not for Profit - The Law Office of Susan F. Zinder, PLLC

Regulatory Affairs / Not for Profit

Client: Financially-challenged hospital

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
 


 

Client: Hospital in medically-underserved community

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


 

Client: Community-based not-for-profit/religious organization

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.

 


 

Client: IT Company in Mobile Patient Communication Space

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
 


 

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