Judith A. Eisen’s practice focuses on the representation of a wide range of health care systems and providers including, for profit and not-for-profit, hospitals, nursing homes, home health agencies, physician groups, ambulatory surgery and diagnostic and treatment centers, durable medical equipment providers, pharmacies and laboratories, with emphasis on general corporate, regulatory, transactional, compliance, finance and other related matters. She also represents other health care industry-related clients, including health care lenders, social service agencies and the full spectrum of vendors to the industry. Judith developed and implemented a HIPAA Compliance Program for health care providers, health plans, clearinghouses and business associates.
Her past experience reflects a varied knowledge of the health care industry. Prior to becoming an attorney, Judith worked as a registered nurse in pediatrics and neonatal intensive care, nursing education, nursing administration and risk management. Immediately following law school, she practiced corporate law, with a focus on corporate transactions and finance.
Judith has been an Adjunct Professor of Health Law, Hofstra University Law School and frequently writes and lectures on corporate and regulatory issues. She was a sponsor of the Gitenstein Institute for Health Law and Policy, which is affiliated with Hofstra University Law School and Hofstra North Shore-LIJ School of Medicine.
Experience
Represented three (3) hospitals in a merger including negotiation of three quarters of a billion dollar grant
Represented a private equity company in acquiring the largest provider of home care services in the state
Represented the purchaser of numerous skilled nursing facilities and the development of nursing home services company
Represented a 400 member physician group in an acquisitions transaction
Represented a multi-facility, multi-state nursing home company in transactional, regulatory, compliance and employment matters
Represented a healthcare real estate investment trust in the acquisition and regulatory aspects of multi-state assisted living facilities
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.
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.
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.
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 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.
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.
The Centers for Medicare and Medicaid Services (CMS) has developed a new patient evaluation tool called Hospice Outcomes Patient Evaluation (HOPE) that will replace the current tool, Hospice Item Set (HIS). Hospices will be required to use HOPE for all patient admissions after October 1, 2025.
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.
Garfunkel Wild’s 2023-24 Legislative Session Update newsletter will keep you up to date on relevant legislation introduced in New York State, particularly involving hospitals and long term care facilities.
The Court of Appeals recently upheld New York State’s elimination of residual equity, a capital cost component of Medicaid rates afforded to for-profit nursing homes with older facilities (the “Elimination”).
On November 17, 2023, the U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) published a final rule (“Final Rule”) imposing new ownership disclosure requirements on Medicare skilled nursing facilities and Medicaid nursing facilities (“nursing homes”). Due to concerns over the quality of patient care in facilities owned by certain types of nursing facility owners, including private equity companies and real estate investment trusts, CMS believes these new disclosure requirements will allow them to monitor and hold nursing homes accountable.
On November 15, 2023, the DOH adopted new regulatory requirements for adult ACFs in an effort to expand resident rights in conformance with the CMS’s HCBS rule final rule. ACFs across the State are now required to allow residents to have visitors at any time, giving them unrestricted access to common areas.
Judith A. Eisen and Stacey L. Gulick present at the Gitenstein Institute For Health Law & Policy At Hofstra University School of Law – Thought Leadership in Action Speaker Series on April 4, 2019.