KRISTINA GIYAUR

Ms. Giyaur has extensive transactional experience with start-ups, mergers & acquisitions, joint ventures and other transactions involving pharmacies, medical & dental practices, management services organizations, ambulatory surgical and urgent care centers, Article 28 and long-term care facilities. Ms. Giyaur has represented numerous practices, physicians and pharmacies in various audits, pre & post payment investigations, provider enrollment suspensions & terminations, payment withholds and other proceedings undertaken by managed care entities as well as governmental payors. Her extensive experience in the regulatory arena is focused on issues affecting medical and pharmacy practice in the State of New York. Ms. Giyaur has negotiated and drafted hundreds of health care industry-specific agreements including employment agreements, ancillary provider service agreements, management services agreements, real estate-related agreements and managed care contracts.

Ms. Giyaur’s civil litigation practice includes prosecution and defense of suits arising out of a wide variety of commercial and business issues, including contract disputes, managed care, employment, and partnership disputes in federal and NYS courts. Ms. Giyaur has also defended various healthcare professionals in white-collar criminal investigations led by the NYS Office of Attorney General, the NYS Office of Medicaid Inspector General, the Drug Enforcement Administration as well as the US Attorney’s Office for the Southern and Eastern Districts of New York.

Ms. Giyaur regularly counsels healthcare providers on regulatory and compliance issues, including the analysis of state and federal fee-splitting, anti-kickback and self-referral laws, HIPAA regulations as well as various other regulations promulgated by state and federal agencies including the NYS Office of Medicaid Inspector General and the NYS Department of Health.

Ms. Giyaur has significant experience representing physician clients in professional disciplinary proceedings before the Office of Professional Medical Conduct and pharmacy clients before the New York State Office of Professional Discipline, defended medical and dental malpractice actions as co-counsel and in situations where there was no insurance or inadequate insurance, represented providers in insurance reimbursement disputes with both private carriers as well as Medicaid and various managed care plans, and represented providers in partnership and professional corporation dissolutions. Ms. Giyaur also frequently represents physicians, pharmacists, dentists, and physical/occupational therapy providers in connection with various licensure, real estate, corporate and transactional matters.

Ms. Giyaur has been recognized for excellence in the practice of law, having been named to the New York Metro Rising Stars list by SuperLawyers in 2014 through 2020 and named an Avvo Top Rated Lawyer in 2019, 2020 and 2021.

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