Barclay Damon
Barclay Damon

Susan A. Benz

Susan A. Benz

Partner

p: 716.858.3812

f: 716.768.2812

icon_email sbenz@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Susan is a partner and co-chair of our Health Care & Human Services Practice Area. She is also a member of the firm’s Corporate Practice Area.

Susan represents health care and human service providers with regulatory, reimbursement, compliance, managed care, and corporate matters. She provides counsel to provider networks, independent practice associations, behavioral health care collaboratives, care coordination organizations, health homes, and management service organizations. She also represents hospitals, physicians, skilled nursing, assisted living and independent senior housing facilities, CCRCs, home care agencies, clinics, hospices, and intellectual/developmental disability service providers, behavioral health agencies.

Susan is an active member of the firm’s Women’s Forum, which provides mentoring opportunities to assist the firm’s women attorneys in professional and leadership development.

Representative Experience

  • Represents behavioral health care collaboratives (BHCCs) with IPA development and formation, governance, antitrust, contract negotiations with managed care organization, preparation of participating provider agreements, and corporate and HIPAA compliance.
  • Represents physicians in defending private payor audits, negotiating employment and other contractual relationships, and complying with regulatory mandates.
  • Represents care coordination organizations (CCOs) regarding contracting, data use agreements and security attestations, and corporate and HIPAA compliance.
  • Successfully obtained increased Medicaid rates for intellectual/developmental disability service providers that acquired smaller agencies.
  • Restructured not-for-profit health care and human service providers to achieve business objectives and regulatory compliance.
  • Successfully defended health care providers in OMIG, Office of State Comptroller, and OPWDD audits.
  • Developed various corporate structures for telehealth service delivery and prepared telehealth contracts.
  • Trained HIPAA business associates of a Fortune 100 company and developed an industry-specific business associate manual.

Practice Areas

Education

  • Harpur College
  • University of Binghamton, B.A., with honors, 1981
  • Northeastern University School of Law, J.D., 1986

Admitted To Practice

  • New York
  • Massachusetts
  • Vermont

Memberships & Affiliations

  • American Health Lawyers Association
  • Healthcare Financial Managers Association
  • New York State Bar Association, Health Law Section
  • Erie County Bar Association, Health Law Committee
  • Women's Bar Association of New York State, Western New York Chapter

Civic Activities

  • The East Aurora Cooperative Market, Founding Member

Speaking & Publications

  • Healthcare Financial Managers Association (HFMA), "Hot Legal and Compliance Topics in 2018 and Beyond," October 2018
  • Developmental Disabilities Alliance of Western New York (DDAWNY), "Hot Compliance Issues for 2018," February 2018
  • Barclay Damon Health Care Provider Legal and Compliance Symposium, “General Counsel Role and Perspective on Compliance,” Moderator, September 2017
  • Leading Age New York, "What's New (and Will Be Now) For Skilled Nursing Facilities," May 23, 2017
  • Wolters Kluwer White Paper, "Trump's Win Expected to Bring Significant Legal and Regulatory Changes," Contributor, December 2016
  • Healthcare Financial Managers Association (HFMA) Long Term Care Institute, “Managed Care Contracting in 2016 And Beyond: A Brave New World,” November 2016
  • Healthcare Financial Managers Association (HFMA) Region 2 Annual Conference, “Riding the Wave of Provider Consolidations, Regulatory, and Antitrust Hurdles,” October 2016
  • "Achieving Success in Affiliations & Consolidations: Best Practices for Avoiding Deal Meltdown,” June 2016
  • LeadingAge New York Annual Conference, "The New Paradigm: Defending Multiple Government Investigations and Lawsuits,” May 2016
  • Healthcare Financial Managers Association WNY Chapter, Long Term Care Institute, "Defending Against Multiple Governmental Investigations and a Civil Lawsuit: How To Avoid A Three Ring Circus," October 2015
  • New York State Health Facilities Association, New York State Center for Assisted Living and Leading Age, "Recent Litigation Trends in LTC: Nursing Homes Are Not the Only Target," September 2015
  • NYSHFA, NYSCAL, and LeadingAge WNY, “Use of Arbitration Agreements in Long Term Care Facilities,” May 2015
  • Developmental Disabilities Alliance of Western New York (DDAWNY), "Hot Compliance Issues for 2015,” March 2015
  • Healthcare Financial Managers Association WNY Chapter, Long Term Care Institute, “Compliance Enforcement Today,” January 2015
  • Buffalo Business First, "Providers Face Novel Medicaid Issues," 2015

Honors

  • Business First of Buffalo, 2016 Health Care Champion
  • The Best Lawyers in America®: Health Care Law, 2009-2014, 2016-2019
  • Business First of Buffalo, 2012 "Who's Who in Law" List

Prior Experience

  • Damon Morey LLP, Partner

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