Hiscock & Barclay
Hiscock & Barclay

Melissa M. Zambri

Melissa M. Zambri

Partner

p: 518-429-4229

f: 518-427-3463

icon_email mzambri@hblaw.com
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Albany Office

80 State Street
Albany, New York 12207

Melissa Zambri focuses her practice on enterprise development and regulatory guidance for the health care industry. She provides counsel to individual practitioners, owners, administrators, executives and employees of health care and health care-related facilities, including physicians, licensed medical personnel, providers of services to the developmentally disabled, hospitals, clinics, home health agencies, senior residences and assisted living facilities, laboratories, health care trade associations, durable medical equipment providers, alcohol and substance abuse treatment facilities, physician practice management companies, mental health programs and medical transportation companies.

Melissa assists health care clients with certificate of need applications, compliance programs, audits, investigations and self-disclosures, HIPAA compliance and licensure issues. She also helps health care clients obtain approval to operate various types of health facilities and to complete significant transactions. Melissa provides advice and counsel on federal anti-kickback and self-referral requirements, regulations governing federal and state funded health care programs, including Medicare and Medicaid, and other regulatory requirements applicable to health care providers.

Melissa is an appointed member of the State of New York Supreme Court's Committee on Character and Fitness of the Appellate Division, Third Department. Melissa takes on administrative roles at the firm by chairing its Health Care & Human Services Practice Area and is a member of the firm's Compensation Committee. Melissa is also an active member of the firm's Women's Forum and has been involved in many of its events, including panels and office-specific events geared toward encouraging interaction between the firm's women attorneys and clients and contacts of the firm.

Representative Experience

  • Prepared a comprehensive HIPAA compliance manual for clients serving the developmentally disabled.
  • General Counsel to 200-bed community hospital, coordinating all of hospital's legal work, and Counsel during its acquisition by larger hospital system. 
  • Represented provider challenging Certificate of Need application of competitor hospital. 
  • General Counsel to New York, not-for-profit assisted living provider. Licensed all four client residences; helped obtain ALR, enhanced and special needs licensure/certification. Drafted a winning HEAL Grant application where client received $3.8 million from New York State Department of Health to build new assisted living facility with enhanced capabilities. 
  • Assisted in combination of not-for-profit Article 28 diagnostic and treatment center and hospital system.
  • Health care regulatory counsel to not-for-profit provider serving the developmentally disabled; provides advice and counsel on compliance issues, gave Board training on compliance and provided counsel regarding a $3,000,000 audit by the Office of the Medicaid Inspector General. 
  • Health care compliance counsel to significant provider serving the developmentally disabled, performs monthly audits of programs and compliance training to staff, Board of Directors and management; provides assistance on all health care compliance matters. 
  • Drafted Assisted Living Program (ALP) application where client was given conditional approval to construct a new Assisted Living Residence with ALP and special needs beds.
  • Provides compliance advice on a regular basis and annual board/management training and assisted client with inspection/licensing issues with the New York State Office for Persons with Developmental Disabilities. 
  • Assisted mental health client with self-disclosure to New York State Office of the Medicaid Inspector General. 
  • Successful defense of HIPAA complaint to United States Department of Health & Human Services Office of Civil Rights. 
  • Counsel to large pharmacy chain regarding New York State Pharmacy Audits by the New York State Medicaid Inspector General. 
  • Assisted clients in the purchase of a pediatric medical practice. 
  • Provided ethics training to management staff.

Practice Areas

Education

  • Albany Law School of Union University, J.D., cum laude, Executive Editor, Albany Law Journal of Science & Technology, merit scholarship, 1998
  • Union College, M.B.A., merit scholarship, Benjamin Whitaker Award for outstanding service by a graduate student, 1998
  • Siena College, B.S., summa cum laude, Wall Street Journal Award for outstanding achievement by a finance major, 1994

Admitted To Practice

  • New York, 1999

Memberships & Affiliations

  • American Health Lawyers Association 
  • American Bar Association, Health Law Section 
  • New York State Bar Association, Health Law Section, Committee on Fraud, Abuse and Compliance, Co-Chair 
  • State of New York Supreme Court, Appellate Division, Third Department, Committee on Character and Fitness
  • Adjunct Professor of Management, The Graduate College of Union University, Legal Aspects of Health Care, 2005-2015

Civic Activities

  • Clifton Park Soccer, Travel Coach
  • Miss Shen Softball, former member of Board of Directors, coach

Speaking & Publications

  • "New York State Fraud, Abuse and Compliance Developments," NYSBA Health Law Journal, Summer/Fall 2014 
  • “Board of Director Training,” New York State Rehabilitation Association, Inc.’s Rehabilitation Summit, September 9, 2014 
  •  "Confidentiality of Medical Records in New York: Overview of Medical Records and Confidentiality, HIPAA Privacy and Special Federal and State Rules," Lecture for Lorman Education Services, August 26, 2014
  • Board of Directors Compliance Program Training," Hiscock & Barclay Health Law Symposium, June 25, 2014
  • HIPAA Update," Hiscock & Barclay Health Law Symposium, June 25, 2014
  • "New York State Fraud, Abuse and Compliance Developments," NYSBA Health Law Journal, Spring 2014
  • "Ask the Attorney - HIPAA Confidentiality: A Question and Answer Session," Lecture for the Association of Community Living, November 7, 2013
  • "Auditing Your HIPAA Compliance Before the Government Does," Lecture for the Cerebral Palsy Association for New York State, October 21, 2013
  • "New York State Fraud, Abuse and Compliance Developments," NYSBA Health Law Journal, Fall 2013, at 17-19
  • "How to Comply with OIG's Exclusion Bulletin," Law360, August 28, 2013
  • "HIPAA Update: But I Thought the Work was Completed Years Ago," Lecture for the Association of Community Living, May 7, 2013
  • "ALP OMIG Compliance Strategies," Lecture for Empire State Association of Assisted Living, May 1, 2013
  • "The Waiting is Over: Changes to HIPAA Provisions Finally Released," JNPA The Journal, Spring 2013
  • "New York State Fraud, Abuse and Compliance Developments," NYSBA Health Law Journal, Winter 2013
  • "Nurse Practitioner Practice in New York State," NYSBA Health Law Journal, Winter 2013
  • “Trends in the Importance of Documentation and the Issues Providers Face,” Not Just Orthopaedics Conference, November 3, 2012
  • “New York State Fraud, Abuse and Compliance Developments,” NYSBA Health Law Journal, Summer/Fall 2012, at 20-22
  • “Steps to Starting and Maintaining a Successful NP Private Practice,” Lecture for the Nurse Practitioner Association of New York State, October 17, 2012
  • “But I Don't Want to Be a Privacy Officer Anymore,” Lecture for the Cerebral Palsy Association of New York State, September 5, 2012
  • “Q&A With Hiscock & Barclay's Melissa Zambri,” Law360, May 21, 2012
  • “What Your Board of Directors Needs To Know: It's More Than It Used To Be,” Lecture for NYSARC Inc. and the Cerebral Palsy Association of New York State's 5th Annual Compliance Conference for Providers Serving People with Disabilities, May 8, 2012
  • “New York State Fraud, Abuse and Compliance Developments,” NYSBA Health Law Journal, Winter 2012, at 19-20
  • Chapter author, “Blowing the Whistle on Yourself: Requirements to Disclose Mistakes Made Continue to Increase,” Inside the Minds: Health Care Law Enforcement and Compliance, published by Thomson Reuters/Aspatore, 2012 Edition
  • Program Co-Chair, New York State Bar Association Annual Meeting, “Program Integrity – We All Have a Role,” January 25, 2012 
  • “Self-Disclosures in Health Care: Practical Tips and Stories,” New York State Bar Association CLE, September 22, 2011 
  • “Business Ethics, Conflicts of Interest and Kickbacks: Laws and Practical Solutions for Today’s Not-for-Profits,” Lecture for the New York State Rehabilitation Association, Inc.’s Rehabilitation Summit, September 19, 2011  
  • “New York State Fraud, Abuse and Compliance Developments,” NYSBA Health Law Journal, Summer/Fall 2011, at 15-16 
  • “Medicaid Redesign Law,” Hiscock & Barclay, LLP Sponsored Webinar, May 11, 2011 
  • “Measuring the Effectiveness of a Compliance Program, Implementation Tips, Review Tools and Self-Disclosure Issues,” Lecture for NYSARC Inc. and the Cerebral Palsy Associations of New York State’s 4th Annual Compliance Conference for Providers Serving People with Disabilities, May 10, 2011
  • “Basic Health Law for the Non-Health Lawyer,” New York State Bar Association CLE, May 3, 2011 
  • “Compliance Update,” Lecture for the Council of Agency Executives, April 28, 2011 
  • “Conflicts of Interest, Kickbacks and Gifts: Addressing Risk Through the Compliance Program,” Lecture for the Bonadio Group’s Compliance Officer Development Series, April 26-27, 2011 
  • “New York State Fraud, Abuse and Compliance Developments,” NYSBA Health Law Journal, Spring 2011, at 13-14  
  • New York State Fraud, Abuse and Compliance Developments,” NYSBA Health Law Journal, Fall 2010, at 16-18 
  • “Measuring the Effectiveness of a Compliance Program – Implementation Tips, Review Tools and Self-Disclosure Issues,” Lecture for the Annual Conference of the NYS CP Association, October 26, 2010 
  • “Corporate Compliance: Evolution and Techniques,” Lecture from the 2010 NYSRA Summit, September 2010 
  • “HIPAA for the Medical Device Industry and its Researchers: Regulations and Guidelines for Device Clinical Research,” SoCRA Source, August 2009 
  • “Sanctioning Health Care Providers for Privacy and Security Violations Is Becoming More Common,” Privacy & Data Security Law Journal, November 20, 2008 
  • “Quality of Care Issues for Providers,” Law360, November 19, 2008 
  • “HIPAA for the Medical Device Industry and its Researchers,” Lecture for the Society of Clinical Research Associate’s Conference on Device Research: Regulations and Guidelines for Device Research, June 2008 
  • “HIPAA for Device Manufacturers,” Lecture for CNY MedTech’s Quality Product Development in a Regulated Environment: Medical Device and Diagnostics Leadership Summit, September 2007 

Honors

  • Martindale-Hubbell “BV” Peer Review Rated for High to Very High Ethical Standards and Legal Ability
  • The Best Lawyers in America, 2013-2015 for Health Care Law
  • Who’s Who in American Law, 2005 – 2014
  • Who’s Who in Medicine & Healthcare, 2004 – 2014
  • Who’s Who in American Law Students, 1996, 1997, 1998

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