James E. Dering
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James E. Dering joined the firm in 2015. Jim is a member of the firm’s Health Care and Home Care practice groups, and Chairs the firm’s Cannabis Law group.
With more than 30 years of experience, Jim represents health care providers of all types including but not limited to hospitals, diagnostic and treatment centers, nursing homes, adult homes, assisted living residences, physician practices, individual physicians and other licensed individuals, etc. This includes representing providers before the New York State Department of Health, the New York State Department of Education, and other state agencies, providing regulatory analysis and advice to clients, representing buyers and sellers in home care agency transactions, and meeting client’s needs in a variety of other types of matters. He also provides regulatory advice to Medical Cannabis Registered Organizations and to those seeking or involved with Adult Use Cannabis licensure.
Prior to joining Garfunkel Wild, Jim served as General Counsel of the New York State Department of Health (DOH or Department), and served as the Department’s Deputy General Counsel and Director of the Bureau of House Counsel earlier in his career. As General Counsel, Jim was the chief legal advisor to the Commissioner of Health and oversaw approximately 125 attorneys and staff. In addition to providing legal services to programs across DOH, Jim worked on the Department’s response to public health threats such as Hurricane Irene and Tropical Storm Lee, Superstorm Sandy, Ebola, Legionella, and synthetic marijuana and bath salts. He was also involved in implementation of legislation such as the Compassionate Care Act (Medical Marijuana Program) and the Marriage Equality Act.
Jim served as Bureau Chief of the New York State Attorney General’s Heath Care Bureau, and held other titles with the Office of the Attorney General (OAG) before that. At the OAG, he was a key member of the Attorney General’s Healthcare Industry Task Force for the Ingenix/Usual, Customary and Reasonable (UCR) investigation that resulted in settlements with insurers that included industry-wide changes to the national reimbursement system for out-of-network care, almost $100 million in settlement funds, and the creation of FAIR Health, Inc.
Jim began his career at an Albany, N.Y. law firm where he became a partner and practiced for more than 10 years. His practice included heath care, insurance and corporate law, as well as litigation.
Jim previously served as a Commissioner on the New York State Joint Commission on Public Ethics (appointed by Governor Andrew M. Cuomo). His volunteer activities have included serving as Trustee of the Albany College of Pharmacy and Health Sciences, President of the Bethlehem Central School District Board of Education, Vice Chair of the Public Health Sector Task Force of the American Health Lawyers Association, church trustee, lake association board member, and youth soccer and tennis coach.
Thirty-Eight Garfunkel Wild attorneys were selected by their peers for inclusion in the 2024 editions of The Best Lawyers in America and The Best Lawyers: Ones to Watch.
Thirty Five Garfunkel Wild attorneys were selected by their peers for inclusion in the 2023 The Best Lawyers in America® guide and the Best Lawyers “Ones to Watch” list. In addition, Partner Jason Y. Hsi was honored as “Lawyer of the Year” in the area of Litigation – Health Care Law.
Garfunkel Wild, P.C., a premier law firm with a specialty in health law, is pleased to announce the formal launch of the firm’s multi-disciplinary Cannabis Law Practice Group to help clients navigate the rapidly evolving cannabis landscape and conflicting federal, state, and local laws and regulations.
Garfunkel Wild Mentioned in the Capitalize Albany Corporation News Article Entitled “Downtownworks for Garfunkel Wild”
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. Additionally, 3 Garfunkel Wild attorneys were distinguished as Lawyer of the Year, an accolade awarded to only one […]
On August 7, 2024, the New York State Department of Health’s (DOH) proposed regulations for a new, unified licensure process for Program of All-Inclusive Care for the Elderly (PACE) organizations were published in the New York State Register. The proposed regulations implement New York Public Health Law (PHL) Article 29-EE, which was enacted in 2022. The proposed regulations, if adopted, will impact PACE organizations that are currently operating, as well as entities with pending and future PACE applications.
As we reported in a prior alert titled "NY Upends CDPAP Fiscal Intermediary Framework", the New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP).
The recently enacted New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP). This change was made by amendment to Social Services Law (SSL) § 365-f by eliminating the CDPAP request for offers (RFO) process that was in place for designating FIs (RFO #20039).
The Health Resources and Services Administration (HRSA) has announced that it will not be accepting Federally Qualified Health Center (FQHC) Look-Alike Initial Designation (LAL-ID) applications for approximately one month starting in late June.
Governor Hochul’s 30-day Amendments to her proposed state fiscal year 2025 Executive Budget would significantly change New York State’s (NYS) Consumer Directed Personal Assistance Program (CDPAP) and what licensed home care services agencies (LHCSAs) can enroll or re-enroll in Medicaid.
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
Partner James E. Dering, had the article “Legal Tools for Managing a Public Health Crisis,” published June 5, 2020 on New York State Bar Association’s Website News Center and in their monthly Health Law Journal.
Garfunkel Wild Vice Chairman Andrew E. Blustein and Partners James E. Dering and Stacey L. Gulick presented a webinar on “Mayor de Blasio’s Emergency Executive Order,” March 17, 2020.
Additional speaking & writing
Speeches and Events
- Presentation at Medical Society of the County of Schenectady: Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement, James E. Dering (April 13, 2021).
- Webinar: Operationalizing State-Wide Ban on Elective Surgery, Andrew Blustein, Stacey Gulick and James E. Dering (March 24, 2020).
- Presentation at NYS Association of Health Care Providers 2019 Annual Management Conference & Exhibition: LHCSA Transfers and Changes of Ownership: The Legal Perspective, Christina Van Vort and James E. Dering (October 24, 2019).
- Presentation Medical Society of the State of New York 20th Annual District III/IV Retreat: Your Employment Agreement: How To Be Best Protected, James E. Dering (January 26, 2019).
- Presentation at Medical Society of the County of Schenectady: Your Employment Agreement: How To Be Best Protected, James E. Dering (January 9, 2019).
- Presentation at Medical Societies of Albany and Ulster Counties Annual Meeting: State Regulation of the (Private) Practice of Medicine, James E. Dering (October 20, 2018).
- Presentation at County Medical Society Executive Director’s Conference: State Regulation of the (Private) Practice of Medicine, James E. Dering (October 4, 2018).
- Webinar: How to Handle Medicare and Medicaid Overpayments, Peter M. Hoffman and James E. Dering (April 20, 2018).
- Presentation at New York State Bar Association Health Law Section Fall Meeting: New York’s Medical Marijuana Program: What All Healthcare Attorneys Should Know!, James E. Dering and Sandra Jensen (October 27, 2017).
- Panel member at presentation at New York Law School: Ethics Law in New York State: History, Enforcement and Leaving State Service (October 26, 2017).
- Webinar: New York’s Medical Marijuana Program: What All Healthcare Providers Should Know!, James E. Dering and Sandra Jensen (June 20, 2017).
- Thompson Reuters’ Executive Institute podcast: Medical Marijuana, the Law & What Law Firms Can Do Now, James E. Dering and Sandra Jensen (May 23, 2017).
- Webinar: What Physicians Need to Know About MACRA but Were Afraid to Ask, Hayden Wool and James E. Dering (March 13, 2017).
- Presentation at Fairfield County (CT) Medical Association: Overview of MACRA, MIPS, APMs and the New CMS Quality Payment Program, Hayden Wool and James E. Dering (December 7, 2016).
- Presentation at The Business Council of New York State Health Committee Meeting: Why Businesses Should Pay Attention to New York’s Public Health Law, James E. Dering (January 25, 2016).
Publications
- Legal Tools for Managing a Public Health Crisis, NYSBA Health Law Journal, Summer 2020 (Vol. 25, No. 2)
- Reviewed/updated chapter titled “Physician Profiling”, Legal Manual for New York Physicians (6th Edition)
James E. Dering joined the firm in 2015. Jim is a member of the firm’s Health Care and Home Care practice groups, and Chairs the firm’s Cannabis Law group.
With more than 30 years of experience, Jim represents health care providers of all types including but not limited to hospitals, diagnostic and treatment centers, nursing homes, adult homes, assisted living residences, physician practices, individual physicians and other licensed individuals, etc. This includes representing providers before the New York State Department of Health, the New York State Department of Education, and other state agencies, providing regulatory analysis and advice to clients, representing buyers and sellers in home care agency transactions, and meeting client’s needs in a variety of other types of matters. He also provides regulatory advice to Medical Cannabis Registered Organizations and to those seeking or involved with Adult Use Cannabis licensure.
Prior to joining Garfunkel Wild, Jim served as General Counsel of the New York State Department of Health (DOH or Department), and served as the Department’s Deputy General Counsel and Director of the Bureau of House Counsel earlier in his career. As General Counsel, Jim was the chief legal advisor to the Commissioner of Health and oversaw approximately 125 attorneys and staff. In addition to providing legal services to programs across DOH, Jim worked on the Department’s response to public health threats such as Hurricane Irene and Tropical Storm Lee, Superstorm Sandy, Ebola, Legionella, and synthetic marijuana and bath salts. He was also involved in implementation of legislation such as the Compassionate Care Act (Medical Marijuana Program) and the Marriage Equality Act.
Jim served as Bureau Chief of the New York State Attorney General’s Heath Care Bureau, and held other titles with the Office of the Attorney General (OAG) before that. At the OAG, he was a key member of the Attorney General’s Healthcare Industry Task Force for the Ingenix/Usual, Customary and Reasonable (UCR) investigation that resulted in settlements with insurers that included industry-wide changes to the national reimbursement system for out-of-network care, almost $100 million in settlement funds, and the creation of FAIR Health, Inc.
Jim began his career at an Albany, N.Y. law firm where he became a partner and practiced for more than 10 years. His practice included heath care, insurance and corporate law, as well as litigation.
Jim previously served as a Commissioner on the New York State Joint Commission on Public Ethics (appointed by Governor Andrew M. Cuomo). His volunteer activities have included serving as Trustee of the Albany College of Pharmacy and Health Sciences, President of the Bethlehem Central School District Board of Education, Vice Chair of the Public Health Sector Task Force of the American Health Lawyers Association, church trustee, lake association board member, and youth soccer and tennis coach.
As we reported in a prior alert titled "NY Upends CDPAP Fiscal Intermediary Framework", the New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP).
The recently enacted New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP). This change was made by amendment to Social Services Law (SSL) § 365-f by eliminating the CDPAP request for offers (RFO) process that was in place for designating FIs (RFO #20039).
The Health Resources and Services Administration (HRSA) has announced that it will not be accepting Federally Qualified Health Center (FQHC) Look-Alike Initial Designation (LAL-ID) applications for approximately one month starting in late June.
Governor Hochul’s 30-day Amendments to her proposed state fiscal year 2025 Executive Budget would significantly change New York State’s (NYS) Consumer Directed Personal Assistance Program (CDPAP) and what licensed home care services agencies (LHCSAs) can enroll or re-enroll in Medicaid.
On August 7, 2024, the New York State Department of Health’s (DOH) proposed regulations for a new, unified licensure process for Program of All-Inclusive Care for the Elderly (PACE) organizations were published in the New York State Register. The proposed regulations implement New York Public Health Law (PHL) Article 29-EE, which was enacted in 2022. The proposed regulations, if adopted, will impact PACE organizations that are currently operating, as well as entities with pending and future PACE applications.
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
Partner James E. Dering, had the article “Legal Tools for Managing a Public Health Crisis,” published June 5, 2020 on New York State Bar Association’s Website News Center and in their monthly Health Law Journal.
Garfunkel Wild Vice Chairman Andrew E. Blustein and Partners James E. Dering and Stacey L. Gulick presented a webinar on “Mayor de Blasio’s Emergency Executive Order,” March 17, 2020.
On August 7, 2024, the New York State Department of Health’s (DOH) proposed regulations for a new, unified licensure process for Program of All-Inclusive Care for the Elderly (PACE) organizations were published in the New York State Register. The proposed regulations implement New York Public Health Law (PHL) Article 29-EE, which was enacted in 2022. The proposed regulations, if adopted, will impact PACE organizations that are currently operating, as well as entities with pending and future PACE applications.
As we reported in a prior alert titled "NY Upends CDPAP Fiscal Intermediary Framework", the New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP).
The recently enacted New York State (NYS) budget for fiscal year 2025 significantly changed who can be a Fiscal Intermediary (FI) under the state’s Consumer Directed Personal Assistance Program (CDPAP). This change was made by amendment to Social Services Law (SSL) § 365-f by eliminating the CDPAP request for offers (RFO) process that was in place for designating FIs (RFO #20039).
The Health Resources and Services Administration (HRSA) has announced that it will not be accepting Federally Qualified Health Center (FQHC) Look-Alike Initial Designation (LAL-ID) applications for approximately one month starting in late June.
Governor Hochul’s 30-day Amendments to her proposed state fiscal year 2025 Executive Budget would significantly change New York State’s (NYS) Consumer Directed Personal Assistance Program (CDPAP) and what licensed home care services agencies (LHCSAs) can enroll or re-enroll in Medicaid.
James Dering will present at the Medical Society of the County of Schenectady Webinar – “Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement” on April 13, 2021.
Partner James E. Dering, had the article “Legal Tools for Managing a Public Health Crisis,” published June 5, 2020 on New York State Bar Association’s Website News Center and in their monthly Health Law Journal.
Garfunkel Wild Vice Chairman Andrew E. Blustein and Partners James E. Dering and Stacey L. Gulick presented a webinar on “Mayor de Blasio’s Emergency Executive Order,” March 17, 2020.
Additional speaking & writing
Speeches and Events
- Presentation at Medical Society of the County of Schenectady: Employment Agreement Reviews: When Getting Hired and in Preparing for Retirement, James E. Dering (April 13, 2021).
- Webinar: Operationalizing State-Wide Ban on Elective Surgery, Andrew Blustein, Stacey Gulick and James E. Dering (March 24, 2020).
- Presentation at NYS Association of Health Care Providers 2019 Annual Management Conference & Exhibition: LHCSA Transfers and Changes of Ownership: The Legal Perspective, Christina Van Vort and James E. Dering (October 24, 2019).
- Presentation Medical Society of the State of New York 20th Annual District III/IV Retreat: Your Employment Agreement: How To Be Best Protected, James E. Dering (January 26, 2019).
- Presentation at Medical Society of the County of Schenectady: Your Employment Agreement: How To Be Best Protected, James E. Dering (January 9, 2019).
- Presentation at Medical Societies of Albany and Ulster Counties Annual Meeting: State Regulation of the (Private) Practice of Medicine, James E. Dering (October 20, 2018).
- Presentation at County Medical Society Executive Director’s Conference: State Regulation of the (Private) Practice of Medicine, James E. Dering (October 4, 2018).
- Webinar: How to Handle Medicare and Medicaid Overpayments, Peter M. Hoffman and James E. Dering (April 20, 2018).
- Presentation at New York State Bar Association Health Law Section Fall Meeting: New York’s Medical Marijuana Program: What All Healthcare Attorneys Should Know!, James E. Dering and Sandra Jensen (October 27, 2017).
- Panel member at presentation at New York Law School: Ethics Law in New York State: History, Enforcement and Leaving State Service (October 26, 2017).
- Webinar: New York’s Medical Marijuana Program: What All Healthcare Providers Should Know!, James E. Dering and Sandra Jensen (June 20, 2017).
- Thompson Reuters’ Executive Institute podcast: Medical Marijuana, the Law & What Law Firms Can Do Now, James E. Dering and Sandra Jensen (May 23, 2017).
- Webinar: What Physicians Need to Know About MACRA but Were Afraid to Ask, Hayden Wool and James E. Dering (March 13, 2017).
- Presentation at Fairfield County (CT) Medical Association: Overview of MACRA, MIPS, APMs and the New CMS Quality Payment Program, Hayden Wool and James E. Dering (December 7, 2016).
- Presentation at The Business Council of New York State Health Committee Meeting: Why Businesses Should Pay Attention to New York’s Public Health Law, James E. Dering (January 25, 2016).
Publications
- Legal Tools for Managing a Public Health Crisis, NYSBA Health Law Journal, Summer 2020 (Vol. 25, No. 2)
- Reviewed/updated chapter titled “Physician Profiling”, Legal Manual for New York Physicians (6th Edition)
Education
- cum laude
Court admissions
New York Supreme Court, Appellate Division
U.S. Court of Appeals: Second Circuit
U.S. District Court: Northern District of New York
PROFESSIONAL MEMBERSHIPS
- New York State Bar Association
- American Health Law Association
AWARDS & RANKINGS
Best Lawyers in America® – Health Care Law (2023-2025) and Litigation Health Care (2025)