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M. Daria Niewenhous

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[email protected]

+1.617.348.4865

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Daria’s multifaceted health care practice serves the full range of provider entities. She draws on her own in-house counsel experience to help clients attain compliant, efficient operations while navigating industry and regulatory roadblocks. Her concrete, practical guidance helps clients manage risks and compete in the face of remarkable cost pressures.

Daria's practice ranges from transactional matters to general counsel services. She has extensive experience with the merger and acquisition of hospitals, long-term care facilities, clinics, assisted living facilities, home health and hospice programs, group practices, substance use disorder facilities, and other provider entities. She guides clients through the regulatory aspects of capital projects and other strategic initiatives. Active in health care reform matters, Daria works with clients on clinical integration and affiliation, ACOs, and similar arrangements. In addition, Daria provides experienced counsel in areas of contracting, patient care/risk management matters, privacy and security of patient information (HIPAA), and addressing adverse events, including internal investigations and crisis management.

After beginning her legal career at Mintz, she served as Vice President of Legal Services at Lahey Clinic, Burlington, Massachusetts. While at Lahey, she provided comprehensive general counsel services, advising physician leaders and management on all aspects of the Lahey delivery system, which includes a tertiary care teaching hospital, outpatient primary care and specialty clinics, and a community group practice network.

Daria serves as the Chair of the Governance Affinity Group of the American Health Lawyers Association Business Law and Governance Practice Group. She is frequently invited to speak on a variety of topics, including regulatory issues specific to the provider audience, corporate governance, internal investigations, and violence in the workplace and in health care settings.

A Mintz Pro Bono Award recipient, Daria served for eight years as director of Mintz's Domestic Violence Project, the firm's signature pro bono initiative and is active in the Pro Bono Program. Daria brings years of domestic violence advocacy to educate providers on domestic violence’s impact on the workplace and patient care. She has been a guest lecturer on this topic at Boston College School of Nursing, the Harvard School of Public Health, and Stonehill College, and at grand rounds at the Dana-Farber Cancer Institute.

Education

  • New England Law (JD)
  • Villanova University (MA)
  • Salem State College (BA)

Experience

  • Advised an oncology services provider that operates radiation therapy centers and ambulatory surgery facilities across the country in forming contractual arrangements with a nonprofit, multispecialty medical group, providing care across eastern Massachusetts, and a large physicians' organization.
  • Represent Urgent Care Centers of New England d/b/a CareWell Urgent Care, a venture-backed company that develops, operates, or manages urgent care centers, in connection with the Company's roll-out of urgent care centers and joint venture models.
  • Advised a multi-state operator of skilled nursing facilities in several acquisitions, including health care regulatory compliance and Medicaid provider enrollment.

Recognition & Awards

  • Best Lawyers in America: Health Care Law (2013 – 2019)
  • Chambers USA: Massachusetts – Healthcare (2013 – 2018)
  • Included on the Massachusetts Super Lawyers: Health Care list (2013 – 2017)
  • Nightingale’s Healthcare News: Outstanding Hospital Lawyer (2008)
  • Mintz Pro Bono Award (1997)

Involvement

  • Member, American Health Lawyers Association
  • Chair, Governance Affinity Group, AHLA Business Law and Governance Practice Group
  • Member, Boston Bar Association, Health Law Section
  • Member, American Bar Association
  • Director, StonehamBank – A Co-operative Bank, Stoneham, Massachusetts
  • Trustee, Greater Boston Stage Company, Stoneham, Massachusetts

Recent Insights

News & Press

Events

Viewpoints

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established principles when pursuing prosecutions related to marijuana activities.
The Massachusetts Department of Public Health (DPH) has provided a much anticipated pathway to enable for-profit entities to operate Registered Marijuana Dispensaries (RMDs). Which enables non-profit entities with a Provisional or Final Certificate of Registration to operate a RMD, or current applicants, to convert to a for-profit Massachusetts domestic corporate entity. 
While we continue to follow the recreational marijuana legalization saga and the Massachusetts Department of Public Health’s Medical Marijuana Program, our colleagues on the employment law side of the equation are monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work.
The Massachusetts legislature has targeted July 1, 2017 as the date by which it will have legislation on Governor Charlie Baker’s desk regarding the commercial cultivation, processing, and sale of non-medicinal cannabis products for adult use.
The Massachusetts Department of Public Health (DPH) has promulgated final Hospital Licensure Regulations.  Approved by unanimous vote of the Massachusetts Public Health Council (PHC) on March 8, 2017, DPH anticipates that the Hospital Licensure Regulations (105 CMR 130.000, et seq.) will be published in the Massachusetts Register in April, 2017.
The Massachusetts Department of Public Health (DPH) Determination of Need (DoN) Program has promulgated final DoN regulations.
The Massachusetts Department of Public Health (DPH) continues its efforts to revise its regulations to comply with Executive Order 562, which requires all state agencies to review its regulations.
At yesterday's Public Health Council meeting, the Massachusetts Department of Public Health (DPH) released yet another round of proposed regulatory amendments. On deck were regulations concerning Long Term Care Facilities, Hospice Programs, and Temporary Nursing Service Agencies, as well as requirements for Training of Nurses’ Aides in Long-Term Care Facilities.
Continuing our current coverage of health policy issues and trends, Mintz Levin's Health Law Practice and ML Strategies have issued a joint Alert regarding the Massachusetts Health Policy Commission’s Annual Cost Trends Hearings.
The Massachusetts Health Policy Commission conducted its fourth annual Cost Trends Hearing on October 17 and 18, 2016, under the requirements of Massachusetts’s 2012 health care reform legislation (“Chapter 224”).

News & Press

Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas. 

Events

Moderator
Dec
8
2017

Creating Value Through Strategic Care and Operational Innovations

Massachusetts Health and Hospital Association

Boston, MA

Speaker
Apr
20
2017

The Home-Based Care: National Leadership Conference

Alliance for Home Health

San Diego, CA

Faculty
Panelist
Panelist
Feb
24
2015

Long Term Care and the Law

American Health Lawyers Association

Hilton New Orleans, Riverside Hotel, New Orleans, LA