Lindsay Maleson

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, with particular attention to the evolving digital health landscape. 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)