Stacey L. Gulick is Chair of the Garfunkel Wild’s HIPAA, Privacy, and Risk Management Practice Group. With over 30 years of experience, her practice focuses on Federal and state regulatory, interoperability and technology related issues, including response to government inquiries, compliance initiatives and transactions. In particular, Stacey assists clients in implementation of cybersecurity and HIPAA compliance programs and investigations, information security breach response, medical staff hearings and bylaws, and health care diligence in large transactions such as mergers and acquisitions. Stacey also has extensive experience in the unique regulatory and business needs of hospitals, clinical laboratories, DSRIP performing provider systems, ambulatory surgery centers and federally qualified health care centers.
Experience
Primary counsel for one of the largest public health information exchanges in the United States, including successful negotiation of Participant Agreements for hundreds of participants.
Managed breach response, and successfully closed investigation by the Federal Department of Health and Human Services, Office of Civil Rights, for a large hospital system following a breach involving over 180,000 individuals.
Represented ambulatory surgery center against, and prevented, threatened loss of accreditation, New York licensure, and Medicare contract following a significant immediate jeopardy scenario.
Negotiated contracts to establish health information exchange among the majority of federally qualified health care centers in New Jersey.
Created and implemented Plan of Correction for federally qualified health care center, which prevented threatened closure of the Center.
Developed HIPAA compliance program and Business Associate Agreement templates that have been used by hundreds of health care providers.
Acted as health care counsel in numerous private equity transactions exceeding $20 million.
Provided counsel to physician practices and laboratories regarding management structure, physician office laboratories, Medicaid investigations and breach response.
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.
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 Partner Stacey L. Gulick has been named a 2022 “Client Service All-Star” in BTI Consulting Group’s survey of general counsel from the world’s largest corporations. The annual list is “the gold standard” used to identify attorneys delivering “the absolute best client service.”
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's 11th Annual ASC and Health Care Management Virtual Symposium is dedicated to the most important business, legal, clinical, and operational issues facing the ASC and health care management community.
On October 12, 2024, the New York State Department of Health (“DOH”) published the final cybersecurity regulations for general hospitals (the “Regulations”), with some provisions effective immediately.
In June 2024, the New Jersey Department of Human Services, Division of Medical Assistance & Health Services (the Division), issued a Newsletter announcing the ability of Licensed Clinical Social Workers (LCSWs) to enroll as billing providers in NJ FamilyCare/Medicaid for claims with service dates on or after July 1, 2024. This month, the Division issued a Medicaid Alert advising Federally Qualified Health Centers (FQHCs) how they are affected by this change.
On August 29, 2024, the Federal Department of Health and Human Services (“HHS”) withdrew its appeal of a federal court decision that invalidated certain aspects of HHS guidance regarding the use of tracking technologies (e.g., pixels that collect data on website usage to create directed marketing campaigns).
In a recent ruling, the New Jersey Supreme Court concluded that the “self-critical analysis” privilege under the Patient Safety Act (“PSA”) and its implementing regulations can only be applicable if the information sought was generated for purposes of an independent patient safety committee that is created solely for the purposes of the PSA (i.e., the information generated from committees established to meet CMS or other New Jersey quality assurance or process improvement purposes is not protected by the privilege, even if such committees conduct a self-critical analysis).
On May 15, 2024, the New York State Department of Health (DOH) announced a pivotal change in its regulations, as it intends to permit health care providers to use telemedicine to conduct patient evaluations before prescribing controlled substances. Prior to the COVID-19 pandemic, DOH required health care providers to perform an initial in-person physical evaluation of patients before prescribing controlled substances.
The HIPAA Privacy Rule to Support Reproductive Health Care Privacy was recently announced as a final rule that becomes effective on June 25, 2024 (the “Final Rule”).
Join the health care professionals of Garfunkel Wild and Withum as they dive into the technical, legal, and financial steps you will need to take to come into compliance with the new cybersecurity regulations for New York hospitals.
Garfunkel Wild's Stacey Gulick will present "Website Tracking and Actions Taken by Government Agencies and in Class Actions Against Providers Who Have Tracked Persons Who Have Used Their Websites" at the New York State Bar Association Annual Meeting 2024, on January 16, 2024.
As we have noted in a previous Garfunkel Wild alert, the Department of Health and Human Services (“DHHS”) Office of Civil Rights (‘OCR”) published guidance regarding the use of tracking technologies (i.e., technologies that collect and analyze information about how users interact with websites and mobile applications).
In the last few months of 2023, there has been a flurry of legal activity pertaining to the use, disclosure, and protection of health information. Here is a summary of the latest legal initiatives impacting New York providers.
In this article published in the New York City Pharmacists Society Newsletter, Stacey Gulick highlights some of most significant, and perhaps unexpected, issues that must be addressed by pharmacists in their ongoing HIPAA compliance efforts.
The Federal Drug Enforcement Administration (“DEA”) announced that it has submitted a draft temporary rule to extend the COVID-19 PHE flexibilities around prescribing controlled substances (the “Temporary Rule”).
The Department of Health and Human Services, Office of Civil Rights (“OCR”) has published a Bulletin which officially states that incorporating certain tracking technologies into websites and mobile applications may cause HIPAA violations that could result in breach notification obligations as well as penalties. This includes platforms and services provided by companies like Meta (formerly Facebook) and Google.
Garfunkel Wild Partner/Director Jeffry Adest, Partner Sandra M. Jensen, and Partner Stacey L. Gulick will present at the CHCANYS22 Hybrid Annual Conference Conference on October 20, 2022.
Garfunkel Wild Partner, Stacey Gulick, will present at the New York City Bar Webcast – Telehealth 2021 – Rapid Legal Changes and the Implications Resulting from the COVID-19 Pandemic on May 4, 2021.
Garfunkel Wild Partner/Director Debra A. Silverman and Partner Stacey L. Gulick along with Certified Professional Coder and President of ProCode Compliance Solutions, LLC, Alicia Shickle will present the webinar “COVID-19 Billing for Telemedicine Services and Q&A Session” on March 25, 2020.
Garfunkel Wild Chairman Andrew E. Blustein and Partner Stacey L. Gulick will present the webinar “Operationalizing State-Wide Ban on Elective Surgery” on March 24, 2020.
Garfunkel Wild Partner/Director Debra A. Silverman and Partners Stacey L. Gulick and Sandra M. Jensen will present the webinar “Implementing and Expanding Telehealth to Address COVID-19” on March 19, 2020.
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.
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.
Additional speaking & writing
Speeches and Events
"HIPAA Security Breaches and Enforcement (i.e., what it really costs to manage a HIPAA violation)" HFMA's (Connecticut Chapter) 2016 Legal Playbook: Best Practices to Keep Your Healthcare Operations on the Winning Side Seminar, Wallingford, CT (February 23, 2016)
“Disruptive Behavior and Reporting Obligations” Rutgers, New Jersey Medical School and Center for Continuing and Outreach Education at Rutgers Biomedical and Health Sciences, North Bergen, NJ (November 4, 2015)
Publications
Authored chapter entitled "HIPAA & HITECH Electronic Transaction, Security and Privacy Regulations" and co-authored chapters "Clinical Laboratories" and “The Physician-Patient Privilege: Protecting the Confidentiality of Communications Between Patients and Their Health Care Providers” in the Legal Manual for New York Physicians (Sixth Edition)