Barclay Damon
Barclay Damon

Susan A. Benz

Susan A. Benz

Partner

p: 716.858.3812

f: 716.768.2812

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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. Susan is also a member of the firm’s Corporate Practice Area.

Susan represents health care and human service providers with regulatory, reimbursement, compliance, enforcement, and corporate matters. Her clients include not-for-profits and for-profit entities that provide services to individuals with developmental and intellectual disabilities and behavioral health issues. She also provides counsel to provider networks, hospitals, skilled nursing, assisted living and independent senior housing facilities, CCRCs, home care agencies, clinics, hospices, medical transportation providers, pharmacies, billing companies, and health care professionals.

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

  • “Represent Behavioral Health Care Collaboratives (BHCCs) with IPA formation, governance, contract negotiations with Fidelis, corporate and HIPAA compliance.”
  • “Represent Care Coordination Organizations (CCOs) regarding vendor contracts, data use agreements and security attestations, corporate and HIPAA compliance.”
  • “Successfully challenged Medicaid rates for agencies servicing individuals with developmental disabilities.”
  • Designed and handled not-for-profit corporate restructuring for health care and human service providers to achieve regulatory compliance and business objectives.
  • Developed value-based payment strategies for large, multi-entity health care and human services providers.
  • Trained HIPAA Business Associates of Fortune 100 company and developed industry-specific Business Associate Manual.
  • Negotiated successful OMIG audit settlement for Fortune 500 health care company faced with $20+ million in exposure.
  • Developed provider specific HIPAA Privacy and Security Manuals and trained behavioral health providers, skilled nursing facilities, OPWDD providers, home care agencies, and physician practices.

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

  • 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
  • Buffalo Business First, "Wake-Up Call for Nonprofits," 2014
  • Various Boards of Directors of Health Care and Human Service providers, “Challenges to Corporate Governance By the Reconfiguration of the Health Care Industry,” 2014-2016
  • Skilled nursing facilities, OPWDD providers, home care agencies, behavioral health providers, “HIPAA Breach Notification and Other HITECH Requirements,” 2013-2014

Honors

  • Business First of Buffalo, 2016 Health Care Champion
  • The Best Lawyers In America 2009-2014, 2016-2018 for Health Care Law
  • Business First of Buffalo, 2012 "Who's Who in Law" List

Prior Experience

  • Damon Morey LLP, Partner

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