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LINDSAY MALESON

Lindsay Maleson represents academic medical centers, teaching hospitals, medical schools and hospital systems.

What do you focus on?

While I have broad-based experience advising hospital clients on many legal issues, my practice today focuses on the following major areas.

Medical Staff Issues

I counsel numerous hospital clients with respect to peer review, physician and resident discipline and reporting, compliance with Joint Commission standards and applicable law, drafting and updating medical staff bylaws and related issues. I also conduct medical staff hearings and appeals.

Graduate Medical Education

I represent teaching hospitals and medical schools with respect to attaining and maintaining ACGME and AOA accreditation of their graduate medical education (GME) programs. I handle appeals and reconsiderations, program information forms and institutional review documents, affiliation agreements, site visit preparation, institutional and residency program structure, duty hour compliance, policies, resident contracts, unique medico-legal or accreditation problems and litigation pertaining to GME. I am currently helping clients to prepare for the transition to ACGME’s Next Accreditation System and have presented on this topic.

Patient Treatment/Consent/Privacy

I counsel clients with respect to consent and records issues, patient treatment matters and HIPAA compliance. I advise clients with respect to HIPAA breaches, including representation before the Office for Civil Rights. I have presented on HIPAA breaches numerous times, most recently focusing on the changes brought about by the Omnibus Rule.

What do you see on the horizon?

The gap between the demand for residency positions and the nation’s actual supply of residency slots is growing larger. We’re helping existing and prospective teaching hospitals identify opportunities for meeting the ever-increasing demand for residency training.

Publications and Presentations

  • “Risk Management in Medical Staff Matters,” Stony Brook School of Health Technology and Management’s Patient Safety and Management of Risk course, September 2014 (Presenter)
  • “Graduate Medical Education Bootcamp Webinar Series, Part II: Graduate Medical Education Program Accreditation (Intermediate),” American Health Lawyers Association, October 2012. (Moderator)
  • “GME Update: The ACGME’s Next Accreditation System,” Nassau County Bar Association Hospital and Health Law Committee, April 2012.
  • “FAQs on the final ACO regulations,” Nixon Peabody Alert, December 2011. (Co-author)
  • “Patient Protection and Affordable Care Act has significant impact on graduate medical education: What teaching institutions need to know,” Nixon Peabody Alert, February 2011. (Co-author)
  • “Stricter duty hour rules for medical residents effective July 1, 2011,” Nixon Peabody Alert, October 2010. (Co-author)
  • “OSHA enters the duty hours debate as the ACGME prepares to vote on revisions to its duty hour standards later this month,” Nixon Peabody Alert, September 2010. (Author)

Media Clips

  • Movers & Shakers
    Long Island Business News | April 14, 2014
    This coverage notes that Long Island Health Services partner Lindsay Maleson has joined the Adults and Children with Learning and Developmental Disabilities’ Board of Trustees.
  • 40 Under 40
    Long Island Business News | January 25, 2013

    Long Island Health Services partner Lindsay Maleson is among the 40 individuals recognized as the “outstanding members of the business community on Long Island who are under the age of 40.”

  • Ones to Watch in Law
    Long Island Business News | November 9, 2012

    This column features Long Island Health Services partner Lindsay Maleson and other leaders in the law on Long Island.

Ideas

Amendment to New York's telehealth legislation
Health Care Alert | March 27, 2015

Webinar Recording: California Hospitals: Compliance with California standards and guidelines for EVD
Originally recorded February 12, 2015 | February 23, 2015

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Webinar Recording: Health Care Employers: How to effectively prepare for and respond to EVD and other outbreaks
Originally recorded February 5, 2015 | February 9, 2015

Webinar Recording: What all employers need to know: From seasonal flu to Ebola and beyond
Originally recorded January 29, 2015 | February 5, 2015

IRS final ACA regulations—compliance focus for tax-exempt hospital organizations
Health Care Alert | January 6, 2015

New York health insurers and state Medicaid program to cover telehealth services
Health Care Alert | January 5, 2015

Experienced nurse practitioners may practice without written collaborative agreements and practice protocols
Health Care Alert | January 2, 2015

What's trending on NP Privacy Partner
NP Privacy Partner | November 14, 2014

OCR provides guidance on HIPAA in public health emergencies
Health Care Alert | November 12, 2014

New York hospitals, clinics, and ambulances must take immediate steps to address risks of Ebola
Health Care Alert | October 20, 2014

DHHS OIG recommends hospitals using EHRs implement fraud and abuse safeguards
Health Law | December 12, 2013

HHS announces sweeping changes to the HIPAA Privacy and Security Rules in the final HIPAA Omnibus Rule
HIPAA Law Alert | January 23, 2013

Justice Department's Health Care Fraud Strike Force makes major multi-city enforcement raid
Health Care Fraud Investigations and Enforcement Alert | October 5, 2012

Federal and state government agencies partner with health care industry leaders to root out fraud
Health Care Fraud Investigations and Enforcement Alert | July 30, 2012

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Events

Lindsay Maleson