Barry B. Cepelewicz, M.D., Esq. has been working with physicians and other health care professionals, including dentists, physical therapists, chiropractors, occupational and speech therapists, and a variety of alternative medicine providers, for over three decades. A physician himself, Barry provides a unique perspective to providers and health care related entities in transactional, regulatory, and litigation matters. Practices, start-up companies and other health care related businesses continuously look to him for advice in regulatory, corporate, employment, real estate, compliance and IT matters. He guides clients on a wide variety of strategic projects, including complex payor-provider relationships; affiliations and alliances with other providers and entities; acquisitions and mergers; development of internal ancillary services; concierge medicine; and electronic medical record and other IT issues. Barry has been counselling health care related entities in eHealth, telehealth and telemedicine since the early 1990s and is recognized as an authority in this field.
Although primarily a transactional attorney, because of Barry’s background in medicine, he routinely represents health care professionals in audits and investigations, where the provider’s medical care is being questioned, whether by third party payors, state licensing entities, the Office of Attorney General or the Office of Inspector General. Prior to joining Garfunkel Wild, Barry successfully represented physicians in medical malpractice lawsuits and other types of litigation, including the seminal qui tam whistle blower case of United States ex rel. Mikes v. Straus.
Barry also works with state and county medical and specialty societies and associations and is frequently called by their members for legal advice and to assist on state legislative and regulatory developments that impact the delivery of health care.
Barry is frequently asked to speak at CME provider seminars and at other health care related symposiums on multiple issues that are currently impacting the health care industry. He also publishes extensively and for many years served as an Editorial Consultant for Medical Economics.
Experience
Sale of orthopedic, ophthalmology, dermatology and other specialty practices in private equity and other transactions.
Acting as general counsel to large multi-specialty group practices and ambulatory surgery centers.
Converted traditional medical practices to concierge practices.
Represented clients in certificate of need applications for purposes of practice expansion.
Worked with physicians and other healthcare professionals in creating intellectual property, including joint ventures between physicians and hospital systems, that would enable them to provide improved medical therapies.
Created management services organizations (MSOs) with multiple single or multi-specialty group practices for purposes of increasing costs efficiencies, promoting clinical integration and potentially advancing to full integration.
Negotiated the purchase of interests by management companies in surgery centers.
Advised remote monitoring companies on regulatory and compliance matters, including regarding potential disclosures of protected health information, which include conducting in-depth risk assessment evaluations.
Represented orthopedic surgeons in joint ventures with manufacturers of orthopedic devices to create prosthetic devices and/or new surgical techniques.
Represented home health agencies in collaboration agreements with skilled nursing facilities to ensure continuity and quality of care.
Advised practices which specialize in providing functional medicine services, particularly in their relationships with third party payors.
Represented a pathology company in the acquisition of pathology practices for the purpose of creating a multi-specialty pathology practice that provide services to large medical groups and hospitals.
Garfunkel Wild received prominent recognition in the 2025 editions of The Best Lawyers in America and The Best Lawyers in America: Ones to Watch. A total of 38 attorneys were honored with 59 individual recognitions across various practices and offices nationwide.
Garfunkel Wild continues to expand its Healthcare practice and lawyer recognition in Chambers USA 2024 annual rankings of America’s top law firms and lawyers.
Garfunkel Wild continues to increase its Health Care practice and lawyer recognition in Chambers USA 2023 annual rankings of the foremost law firms and lawyers in the country.
Thirty-Three Garfunkel Wild attorneys were selected by their peers for inclusion in 2022 New York Metro Super Lawyers, and 2022 New York Metro/Upstate New York Rising Stars.
Garfunkel Wild continues to increase its Healthcare practice and lawyer recognition in Chambers USA 2022 annual rankings of the foremost law firms and lawyers in the country. Chambers & Partners conducts research that includes thousands of interviews with clients and peers, and determines rankings based on select criteria, including legal knowledge, experience, client service and effectiveness.
Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2021 New York Metro Super Lawyers, and 2021 New York Metro/Upstate New York Rising Stars.
In the October 2020 issue of Thomson Reuters 2020 New York Metro Super Lawyers magazine, Barry Cepelewicz, M.D. Esq., was quoted in the article entitled “The World Turned Upside Down.”
Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2020 New York Metro Super Lawyers, and 2020 New York Metro/Upstate Rising Stars.
Thirty-Four Garfunkel Wild attorneys were selected by their peers for inclusion in 2019 New York Metro Super Lawyers, and 2019 New York Metro Rising Stars.
Garfunkel Wild's Barry Cepelewicz, M.D. and Andrew Zwerling, will present "Your Employment Agreement: How to Best Protect You, Your Practice and Your Patients" at the Westchester County Medical Society Webinar on Wednesday, September 18, 2024.
Garfunkel Wild's Barry Cepelewicz, M.D., will present "Is Private Equity Right for You?" at the Fairfield County Medical Association and Hartford County Medical Association's Webinar on Wednesday, September 20, 2023.
Effective July 1, 2023, Connecticut modifies its law governing physician covenants not to compete and extends non-compete protections to advanced practice registered nurses (“APRNs”) and physician assistants (“PAs”). Physicians, APRNs, PAs, and their employers will need to evaluate current non-competition provisions and revise, as needed, to comply with the new law.
Garfunkel Wild’s Barry B. Cepelewicz and Andrew L. Zwerling will present at Fairfield County Medical Association’s Webinar “The FTC’S Proposed Ban on Non-Competes: What Does It Mean?” on April 20, 2023.
On January 5, 2023, the Federal Trade Commission (“FTC”) announced and released a notice of proposed rulemaking (NPRM) to prohibit employers from entering into non-competes with workers, including independent contractors.
Garfunkel Wild’s Barry B. Cepelewicz and Garfunkel Health Advisors’ Alicia Shickle will present at Fairfield County Medical Association’s Free Webinar “Optimizing the Use of Telehealth in Your Practice” on November 10, 2022 from 12:00 PM - 1:00 PM ET.
Garfunkel Wild’s Barry Cepelewicz and Kimberly Kempton-Serra will present at the Connecticut Orthopaedic Society/Massachusetts Orthopaedic Association Webinar “Is Private Equity Right For You?” on December 8, 2021 from 7-8pm.
Garfunkel Wild Partner/Director Barry B. Cepelewicz will present at the Fairfield County Medical Association Webinar – ‘Operating Your Practice in the COVID-19 ERA” on May 5, 2020.
Garfunkel Wild Partner/Directors Barry Cepelewicz will present the webinar “Telehealth: Effective Risk Management Strategies to Reduce Liability” on February 26, 2020. This webinar is the first of our Telehealth webinar series.
Barry B. Cepelewicz will present at the Fairfield County Medical Association’s Webinar – Creating a Medical Record that Protects Your Patients, Your Practice & You – March 6, 2019.
Barry B. Cepelewicz will present at the American College of Surgeons (ACS) – New York Chapter’s Program – Optimizing Your Surgical Practice – March 5, 2019.
Additional speaking & writing
Speeches and Events
“The FTC’s Proposed Ban on Non-Competes: What Does It Mean?,” Fairfield County Medical Association and Hartford County Medical Association, (April 20, 2023)
"Best Practices for Medical Records: Cautionary Tales from the Front Lines", Fairfield Counter Medical Association and Hartford County Medical Association, (June 21, 2022)
“Is Private Equity Right for You? Evaluating the Risks and Benefits,” New York State Society of Orthopaedic Surgeons, (February 2, 2022)
“Is Private Equity Right for You? Evaluating the Risks and Benefits,” Connecticut Orthopedic Society; Massachusetts Orthopaedic Association, (December 8, 2021)
“Your Employment Agreement. How to Be Best Protected,” New York State Society of Orthopaedic Surgeons 2021 Annual Meeting & Symposium, (October 21-23, 2021)
“Don’t Let Your Medical Records Be Used as a Weapon Against Your License and Practice!,” Hartford Hospital Residency Program (December 9, 2020)
“David v. Goliath? How to Effectively Fight a Third Party Payor Audit,” New York State Society of Orthopaedic Surgeons (November 7, 2020)
“Operating Your Medical Practice in the Covid-19 Era,” New York Chapter – American College of Surgeons (June 4, 2020)
“Operating Your Medical Practice in the Covid-19 Era,” Medical Society of the State of New York (May 26, 2020)
“Telemedicine/Telehealth and Covid-19: Effective Risk Management Strategies to Reduce Potential Professional Medical Liability,” Fairfield County Medical Association; Hartford County Medical Association (May 21, 2020)
“Operating Your Medical Practice in the Covid-19 Era,” Fairfield County Medical Association; Hartford County Medical Association (May 14, 2020)
“Operating Your Medical Practice in the Covid-19 Era,” Fairfield County Medical Association; Hartford County Medical Association (May 5, 2020)
“The Covid-19 Crisis: How Can You Exit or Modify a Contract You Can No Longer Afford or Comply With,” Connecticut Orthopaedic Society (April 23, 2020)
“The Covid-19 Crisis: What Options Do You Have Regarding Your Employees and Contacts to Save Your Practice,” Fairfield County Medical Association; Hartford County Medical Association (April 7, 2020)
“What to Do When OPMC Comes Knocking At Your Door,” New York Chapter of the American College of Surgeons (March 3, 2020)
“Telehealth: Effective Risk Management Strategies to Reduce Liability,” Garfunkel Wild Telehealth Webinar Series (February 26, 2020)
“Don’t Let Your Medical Records Be Used as a Weapon Against Your License and Practice!,” Medical Society of the State of New York Third and Fourth District Fall Retreat (September 28, 2019)
“Your Employment Agreement. How to Be Best Protected,” New York State Society of Orthopaedic Surgeons 2019 Annual Meeting & Symposium, (September 21, 2019)
“Your Employment Agreement. How to Be Best Protected,” Empire State Hematology and Oncology Society Annual Conference (September 20, 2019)
“Creating a Medical Record That Protects Your Patients, Your Practice and You,” Medical Society of the State of New York – Organized Medical Staff Section (April 11, 2019)
Creating a Medical Record That Protects Your Patients, Your Practice and You,” American Association of Physician Indian Origin of Queens and Long Island, Inc. (April 7, 2019)
“Your Employment Agreement. How to Be Best Protected,” New York State Society of Orthopaedic Surgeons (March 27, 2019)
“Creating a Medical Record That Protects Your Patients, Your Practice and You,” Fairfield County Medical Association (March 6, 2019)
“Creating a Medical Record That Protects Your Patients, Your Practice and You,” American College of Surgeons, New York Chapter, Albany, NY (March 5, 2019)
“Risk Management Strategies in Healthcare,” webinar sponsored by Physician’s Insurance Solutions for Hartford Hospital Residency Program, Hartford, CT (January 30, 2019)
“Your Employment Agreement. How to Be Best Protected,” 20th Annual District III/IV Retreat – Medical Society of the State of New York (January 26, 2019)
Publications
Co-authored chapters entitled "Formation and Implementation of Private Physician Practices" and "Hospital Medical Staff Membership and Privileges: Rules for Attending Physicians and Hospital-Employed Physicians" in the Legal Manual for New York Physicians (Sixth Edition, 2020)
Co-authored chapters in the Legal Manual for New York Physicians (First, Second, Third, Fourth and Fifth Editions)