PROFESSIONAL EXPERIENCE:

Senior Partner, Mental Health Law/Hospital Litigation Practice
Abrams, Fensterman, Fensterman, Eisman, Greenberg,
Formato & Einiger, LLP
1111 Marcus Avenue, Suite 107
Lake Success, New York 11042
(516) 592-5857

Practice concentrates in the areas of mental health, health care and elder law, representing mental health and health care professionals, major hospital systems and community hospitals, outpatient programs, skilled nursing facilities, educational institutions, individuals and families.   Expertise includes mental hygiene law, including retention and treatment over objection psychiatric cases, mental health warrants, capacity determinations, informed consent and medical treatment cases, confidentiality and release of records matters, interaction with law enforcement in health care facilities and institutions of higher learning, Kendra’s Law applications (Out-Patient Treatment Orders), Article 81 and 17-A guardianship proceedings, civil and criminal litigation and negotiation specific to mental health issues, consultation and advice in navigating the mental health system and legal interventions in the inpatient, outpatient and campus counseling treatment settings as well as a variety of campus disciplines.  Consultation and advice to health care institutions on issues of end of life decision making, development of ethics committees, advance directives, institutional review boards, and provision of  those services on all other matters listed below.

Consulting consortium of legal, clinical, public policy and law enforcement experts offering consultation, evaluation, training and education to assist various disciplines on campus in formulating strategic responses, making informed decisions, creating effective policy and preparing for a variety of evolving, urgent and emergent situations on the college and university campus.

Founding Partner
Reinach Wolf, Stern & Associates
60 Cutter Mill Road, Suite 407
Great Neck, New York 11021
(516)  829-3838

Founder of private law practice concentrating in the area of mental health/healthcare law, including the provision of legal services to hospitals, physicians, ambulatory care centers, nursing homes, and other healthcare providers, such as college and university health centers and related services.   Representation of hospital clients at Mental Hygiene commitment, retention, transfer, treatment refusal, and Kendra’s Law – Assisted Outpatient Treatment hearings; Orders to Show Cause and court hearings for medical/surgical and related treatment for patients lacking capacity; Quash subpoenas and other proceedings related to confidentiality; consultation and representation, such as fair hearings, on matters of discharge planning and ACS placement issues; Representation and consultation with families and individuals regarding issues of medical treatment/capacity/mental health, including commitment, out-patient treatment, provider referrals, follow-up healthcare system involvement, rights and responsibilities of institutions of higher learning, and coordination with law enforcement and the criminal justice system, as appropriate; Orders to Show Cause and Court hearings for the appointment of Guardians pursuant to Article 81 of the Mental Hygiene Law and Section 17-A of the SCPA; Advise and Counsel to County Coalition of Mental Health Centers; Counsel to Institutional Ethics Committees;  Formerly Counsel to Bellevue Hospital, Outpatient Commitment Program; Consultants to pilot project Mental Health Court in Brooklyn, New York; Consultation, representation or Co-Counsel in criminal matters involving defendants with a mental illness, capacity and competency and other mattes involving mental health issues.  Representation of physician clients regarding private practice liability exposure, administrative regulatory challenges, medical malpractice coverage issues, physician-facility credentialing issues, and related physician concerns.  Drafting and execution of Wills, Powers of Attorney, Health Care Proxies and Living Wills. Other activities of the practice include extensive lecturing to a variety of healthcare professionals, including physicians, administrators, nurses, risk managers, social workers and other healthcare attorneys; consultation and advice to authors drafting articles and book chapters on matters of mental health law; development and ongoing participation in hospital and long term care facility ethics committees.

Counsel for Risk Management/Staff Attorney.  Responsible for overseeing compliance with company legal and risk management policies and guidelines; conducted departmental Audits and Surveys to identify areas of potential liability land formulate recommendations for corrective action; provided in-service educational services and legal guidance to member hospitals and insured physicians on issues regarding malpractice, licensure, private practice, contracts and corporate matters; drafted legal memoranda for insured on medical-legal issues and legislation; participated in litigation activities for in-house firm up to the point of trial.

City Hospital Center at Elmhurst
Elmhurst, New York

Associate Director/Risk Management Officer
Assistant Director/Risk Management Officer

1981-1984
1980-1981

Developed and implemented first hospital-wide Risk Management Program, which included:  in-house consultation and continuing education programs for all levels of medical, nursing, administrative and ancillary staff in the areas of risk management/liability control, informed consent, medical records documentation, brain death, termination of treatment, organ donation and related issues; liaison between hospital staff, general counsel and malpractice defense attorneys regarding all medical-legal and malpractice issues; administrative coordinator for project to develop first Hospital Bioethics Committee; responsible for ongoing Quality Assurance activities; legal liaison for:  Health and Hospitals Corporation meetings, Hospital Medical Board Committees, medical staff credentialing and constitution/bylaws activities, and clinical research and grant proposals; advisor to Executive Director concerning Hospital contracts, Letters of Agreement and legally related policies and procedures.

General Administrative Duties: Rotational evening and weekend Administrator-on-Call.  Contributing author:  Monthly Hospital publication, column entitled "Safety Sense".

Coordinator:  Genetics/Child Development Center:  Center intakes and referrals; coordinator for Tay Sachs screening program, Birth Defects Clinics, Genetics Center conferences and special meetings; corresponding secretary for satellite program Down's Syndrome Association, Inc.; library research responsibilities.  Administrative Assistant:  Department of Nursing Administration:  Personnel liaison, weekly payroll, nursing staff assignments, patient relations, quality assurance.

EDUCATION: