Lani M. Dornfeld

Practice Areas

Bar & Court Admissions

  • New Jersey
  • Florida
  • U.S. District Court, District of New Jersey

Education

  • Seton Hall University School of Law, J.D., 1999
  • Rutgers University, B.A., 1985
Lani M. Dornfeld QR Code

A Member in the Firm’s Health Law Practice Group, Lani Dornfeld frequently travels between the Firm’s Palm Beach and Roseland office locations to meet the needs of her clients in both states. Lani’s practice is focused on handling regulatory, corporate, and transactional matters for her clients, including hospitals, long-term care facilities, home health agencies, hospices, nursing homes, assisted living facilities, substance use disorder treatment facilities, physician and dental groups, and physicians, dentists, and other individual health care practitioners.

Lani has extensive experience counseling clients on regulatory and compliance matters, including HIPAA, OSHA, and corporate compliance, and assists with the development and implementation of policies, procedures, and training required by these laws. She also works with clients to investigate and manage regulatory compliance issues, including privacy and security breach situations and responses. In this regard, Lani assists clients in navigating through the complex investigation of privacy and security breach incidents, including ransomware attacks and other security breaches, and incident response and federal and state reporting obligations, as well as management of governmental inquiries. Additionally, Lani helps clients address fraud and abuse issues including Anti-Kickback Statute and Stark Law compliance, 501(c)(3) regulatory compliance, Medicare issues, professional licensure actions, bioethics and patient care issues, informed consent, and guardianships.

Lani also has represented clients in purchase and sale transactions throughout her career as a health care attorney. She manages merger and acquisition transactions from start to finish, including due diligence, contract preparation and negotiation, and managing the closing and beyond. These transactions include the sale and purchase of health care facilities, medical and dental practices, home health agencies, hospice agencies, and other health care businesses. Lani also prepares and negotiates buy-in and buy-out documents, employment agreements, restrictive covenant (non-compete and non-solicitation) agreements, shareholder agreements, operating agreements, and related corporate documents, and prepares documents related to corporate governance, including bylaws and conflicts of interest policies.

A frequent lecturer and occasional adjunct professor, Lani is a sought-after speaker on a variety of health care topics, including HIPAA and information privacy, medical records law, corporate compliance, informed consent, guardianship law, advance directives, and fraud and abuse topics. She lectures regularly to local, state, and national audiences. She also trains medical and dental practices and other health care providers on HIPAA and corporate compliance, policies, and procedures. Lani also has written a number of articles on these and other health care topics.

LECTURES

  • Preferred Provider Arrangements: Compliant Partnering to Enhance Quality of Care, Home Care & Hospice Association of NJ Annual Meeting (June 22, 2017)
  • Advance Planning for Buying or Selling A Home Care or Hospice Business, Home Care Association of NJ, Iselin, New Jersey (April 20, 2017)
  • Essential Compliance Strategies: What You Need to Know in Planning an M&A Transaction, Florida Home Care Association Annual Meeting (August 2, 2016)
  • HIPAA Compliance is Missing the HITECH Express Train, Florida Home Care Association Meeting (July 26-30, 2015)
  • Social Media in the Home Care Industry: Benefits, Risks and How to Balance the Two, Home Care Association of NJ, 2014 Annual Conference & Exhibition (June 12, 2014)
  • HIPAA Security Rule - Compliance for Covered Entities & Business Associates, Brach Eichler, Roseland, New Jersey (June 10, 2014)
  • HIPAA in a HITECH World, 2013, Home Care Association of NJ Annual Meeting, Atlantic City, New Jersey (June 13, 2013)
  • Guardianship Attorney Training Program, Brach Eichler, Roseland, New Jersey (June 10, 2013)
  • HIPAA in a HITECH World, 2013 (Webinar), Beazley Institute for Health Law and Policy, Loyola University School of Law (May 29, 2013)
  • To Be Independent or Not to Be. That is the Question..., Brach Eichler Webinar Speaker Participant (January 10, 2013)
  • Implications of The Patient Protection and Affordable Care Act for New Jersey Health Care Providers, Brach Eichler Webinar Speaker Participant (July 18, 2012)
  • Hot Button Areas in Compliance and How to Implement an Effective Compliance Plan, Home Care Association of NJ, Atlantic City, New Jersey (June 14, 2012)
  • Responsibility, Accountability & Liability: What You Need To Know About Nursing Documentation In Home Care, Home Care Association of NJ, Iselin, New Jersey (August 11, 2011)
  • The Patient Protection and Affordable Care Act and the Impact on Home Health, Home Care Association of NJ, Atlantic City, New Jersey (June 9, 2011)
  • 4th Annual Student Health Law Conference, ASLME & Seton Law University School of Law, Newark, New Jersey (October 22, 2010)
  • It's A "HITECH" World: The New HIPAA Requirements, Home Care Association of NJ, Atlantic City, New Jersey (June 10, 2010)
  • Seton Hall University School of Law - Appellate Judge for Oral Arguments (November 21, 2009)
  • Making Your Wishes Known...The Importance of an Advance Directive, Prospect Heights Care Center, Prospect Heights, New Jersey (October 22, 2009)
  • 3rd Annual Student Health Law Conference, ASLME & Seton Law University School of Law, Newark, New Jersey (October 16, 2006)
  • Making Your Wishes Known...The Importance of an Advance Directive, West Caldwell Care Center, West Caldwell, New Jersey (September 29, 2009)
  • Physician Negotiations and Business Issues, Morristown Memorial Hospital, Morristown, New Jersey (May 14, 2009)
  • Physician Negotiations and Business Issues, Overlook Hospital, Summit, New Jersey (January 14, 2009)
  • Physician Negotiations and Business Issues, Saint Barnabas Medical Center, West Orange, New Jersey (January 8, 2009)
  • CMS Informed Consent: Reduce Liability, Manage Risk, Ensure Compliance, Progressive Business Audio Conferences, National Teleconference (January 9, 2008)
  • Informed Consent: What Is It and How Do You Get It?, Lorman Education Services, National Teleconference (October 5, 2007)
  • In-Service Guardianship Presentation/Training, Kindred Hospital, Dover, New Jersey (January 23, 2007)
  • Resident Seminar: Physicians as Employees/Physicians as Employers, St. Joseph's Regional Medical Center, Paterson, New Jersey (April 7 & 21, 2006)
  • HIPAA Hysteria and New Jersey Medical Records Law, Solaris Health System and Central Jersey Chapter of PAHCOM (Professional Association of Health Care Office Management), Edison, New Jersey (March 22, 2006)
  • Legal and Ethical Considerations in Discharge Planning and Guardianships, Lorman Education Services, Newark, New Jersey (February 28, 2006)
  • Guardianship Attorney Training Program, WolfBlock LLP, Roseland, New Jersey (October 27, 2005)
  • Confidentiality of Medical Records in New Jersey, Lorman Education Services, Newark, New Jersey (September 21, 2005)
  • Medical Records Law in New Jersey, Lorman Education Services, Newark, New Jersey (September 21, 2005)
  • Legal & Ethical Issues In Discharge Planning, NJ Association for Continuity of Care (July 26, 2005)
  • In-Service Guardianship Presentation/Training, East Orange General Hospital, East Orange, New Jersey (June 14, 2005)
  • In-Service Guardianship Presentation/Training, St. Joseph's Regional Medical Center, Paterson, New Jersey (May 25, 2005)
  • In-Service Guardianship Presentation/Training, Saint Clare's Hospital, Denville, New Jersey (March 22, 2005)
  • Management of Medical Records, Lorman Education Services, Newark, New Jersey (March 3, 2005)
  • 14th Annual Managerial Challenges for the Chief Resident - Legal Considerations for the Chief Resident, Seton Hall University School of Graduate Medical Education, Atlantic City, New Jersey (April 23-24, 2004)
  • Patient Confidentiality and the Law, Trinitas Hospital, Elizabeth, New Jersey (November 12, 2003)
  • Patient Confidentiality and the Law, St. Francis Medical Center, Trenton, New Jersey (November 12, 2003)
  • Patient Confidentiality and the Law, St. Michael's Medical Center, Newark, New Jersey (November 11, 2003)
  • Confidentiality of Medical Records in New Jersey, Lorman Education Services, Newark, New Jersey (June 20, 2003)
  • 13th Annual Managerial Challenges for the Chief Resident - Legal Considerations for the Chief Resident, Seton Hall University School of Graduate Medical Education, Atlantic City, New Jersey (April 25-26, 2003)
  • HIPAA Dental Office Training, Gary R. Dornfeld, D.D.S., P.A., East Brunswick, New Jersey (March 16, 2003)
  • 12th Annual Managerial Challenges for the Chief Resident - Legal Considerations for the Chief Resident, Seton Hall University School of Graduate Medical Education, Atlantic City, New Jersey (April 26-27, 2002)
  • In-Service Guardianship Presentation/Training, Saint Clare's Hospital, Denville, New Jersey (September 10, 2001)

PUBLICATIONS

ADDITIONAL NOTEWORTHY INFORMATION

Lani has been peer review rated as AV Preeminent, the highest rating for professional excellence by Martindale-Hubbell. She has also been selected as one of New Jersey's Women Leaders in the Bar, by Martindale-Hubbell and ALM, publishers of the New Jersey Law Journal.  In addition, she was named a "2013 Top Rated Lawyer in Health Care" by American Lawyer Media and Martindale-Hubbell.  Lani was recognized as a Top Legal Leader for New York and New Jersey by ALM in 2015.

PROFESSIONAL ACTIVITIES

  • Lani has been an adjunct professor at Seton Hall University School of Law, having taught courses in both the Legal Research & Writing Program and the Health Law & Policy Program. She has also served as an adjunct professor at Seton Hall University's Masters in Healthcare Administration program and as an adjunct professor at Rutgers University at the undergraduate level.
  • New Jersey State Bar Association, Member
  • Florida Bar Association, Member
  • American Health Lawyers Association, Member
  • American Bar Association, Member

RECENT BLOG POSTS

Brach Eichler Files Suit Against Aetna, Inc. For Breach Of Privacy Related To Patient Hiv-Medication StatusHealth Law Blog | October 27, 2017

HIPAA Update - Ransomware Attack Puts 33,000 Patients at RiskHealth Law Blog | September 28, 2017

DCA Proposes Amendments to Health Care Service Firm RegulationsHealth Law Blog | September 12, 2017

CMS Releases Hospice Compare Website and Simplifies Notice of Election Submission ProcessHealth Law Blog | September 5, 2017

Aetna Accidentally Exposed Subscriber HIV Medication Information: 12,000 Insured Individuals AffectedHealth Law Blog | August 28, 2017

HIPAA Update - August 2017Health Law Blog | August 2017

OIG Announces New Inquiries into Fraudulent BillingHealth Law Blog | August 2017

OCR Offers Free Continuing Education Credits for Completion of HIPAA Access Right Training ModuleHealth Law Blog | July 2017

Anthem Prepared to Settle Data Breach Lawsuit for Record $115 MillionHealth Law Blog | July 2017

Proposed Amendment to Hospital Licensing Standards Requiring Designation of After-Care Assistance CaregiverHealth Law Blog | July 2017

Effective Date for New Home Health COPs DelayedHealth Law Blog | July 2017

Texas Health System Agrees to Pay $2.4 Million Settlement for Alleged HIPAA ViolationsHealth Law Blog | June 2017

Petition Submitted to New Jersey Dental Board for Recognition and Advertisement of More SpecialtiesHealth Law Blog | June 2017

Medicaid Fraud Control Units Recovered Nearly $1.9 Billion in 2016Health Law Blog | June 2017

OIG Releases Resource Guide to Measure Compliance Program EffectivenessHealth Law Blog | May 2017

Randsomware Attacks Hit Health Care OrganizationsHealth Law Blog | May 2017

HIPAA Update: Florida Health System Pays $5.5 Million for HIPAA ViolationsHealth Law Blog | March 2017

New Law Placing Prescription Limits and Mandating Insurance Coverage for Substance Use DisordersHealth Law Blog | March 2017

Court Adopts New Payment Eligibility Standard For CMS Home Health ServicesHealth Law Blog | March 2017

HIPAA Update: Illinois Health Care Network to Pay $475K for Untimely Breach NotificationsHealth Law Blog | February 2017

Medicare Moratoria Extended on Ambulance and HHA Providers and SuppliersHealth Law Blog | February 2017

CMS Releases Final Rule Amending Home Health CoPsHealth Law Blog | February 2017

OCR Issues Fact Sheet Regarding Disclosure to Public Health AgenciesHealth Law Blog | January 2017

New Safe Care Camera ProgramHealth Law Blog | January 2017

OIG Increases “Nominal Value” Gift Amounts for Medicare & Medicaid BeneficiariesHealth Law Blog | January 2017

HIPAA Update: OCR Issues Alert Regarding Phishing Email SchemeHealth Law Blog | December 2016

Obama Signs Into Law Biggest Health Reform Legislation Since Affordable Care ActHealth Law Blog | December 2016

CMS Proposes New Quality & Efficiency MeasuresHealth Law Blog | December 2016

Congress Passes Biggest Health Reform Bill Since Affordable Care ActHealth Law Blog | December 2016

HIPAA Update: OCR Issues Cloud Computing Guidance to Clarify HIPAA ObligationsHealth Law Blog | November 2016

CMS Publishes Emergency Preparedness RuleHealth Law Blog | November 2016

Controversy Over Arbitration Clauses in Nursing Home ContractsHealth Law Blog | November 2016

HIPAA Update - October 2016Health Law Blog | October 2016

OCR Publishes Additional Materials to Assist with New Nondiscrimination RuleHealth Law Blog | October 2016

CMS Delays Pre-Claim Review Process for HHAsHealth Law Blog | October 2016

HIPAA UpdateHealth Law Blog | September 2016

Disclosure of Medical Information is a “Substantial Harm” Under The FTC ActHealth Law Blog | September 2016

HIPAA Update: Flurry of Activity by the HIPAA Enforcers!Health Law Blog | August 2016

Recent Rule Changes for Home HealthHealth Law Blog | August 2016

OIG Report Identifies Over 500 Home Health Agencies with Characteristics Common to Fraud CasesHealth Law Blog | August 2016

Health Law Alert: CMS Expands Home Health Agency Moratoria Statewide In Several States Amends Ambulance Supplier MoratoriaHealth Law Blog | August 5, 2016

HIPAA Corner - Security of Third Party Application Software Should Be Top PriorityHealth Law Blog | July 2016

CMS Implements Pre-Review Approval Process for Home Health Agencies to Deter Fraud and AbuseHealth Law Blog | July 2016

HIPAA Corner - Covered Entities and Business Associates Beware: HIPAA Phase II Audits are Underway. Can Your Organization Survive an Audit?Health Law Blog | June 2016

HIPAA Corner - What’s Your Health Information Worth?Health Law Blog | June 2016

House Passes Bills Targeted at Stopping Opioid AbuseHealth Law Blog | June 2016

HIPAA Corner - Will Your Insurance Company Refuse Coverage?Health Law Blog | May 2016

HIPAA Corner - $750,000 Penalty for Failure to Have Business Associate AgreementHealth Law Blog | May 2016

OIG Updated Program Exclusion GuidanceHealth Law Blog | May 2016

FTC Provides Guidance for Mobile Health App DevelopersHealth Law Blog | May 2016

HIPAA Corner - HIPAA Breach - Significant Monetary Penalty and Corrective Action RequiredHealth Law Blog | April 2016

HIPAA Corner - Stolen Laptop Results in $3.9 Million Dollar HIPAA SettlementHealth Law Blog | April 2016

CDC Issues New Guidelines for Prescribing Pain KillersHealth Law Blog | April 2016

The FDA’s Plan to Avoid Future Pain: Black Box WarningsHealth Law Blog | April 2016

HIPAA Corner - Significant Civil Monetary Penalty Upheld in HIPAA BreachHealth Law Blog | March 2016

Amendments to Home Health Licensing Standards Proposed by NJDOHHealth Law Blog | March 2016

Five Star Ratings Reach Home Health AgenciesHealth Law Blog | March 2016

HIPAA Corner - February 2016Health Law Blog | February 2016

CMS Publishes Final Rule Requiring Face-to-Face Documentation for Medicaid Home Health ReimbursementHealth Law Blog | February 3, 2016

HIPAA CORNER - January 2016Health Law Blog | January 2016

Narrative Requirement for Home Health Care Services Ruled PermissibleHealth Law Blog | December 2015

CMS Issues Rule Proposal to Change Discharge Planning Requirements for Health Care FacilitiesHealth Law Blog | December 2015

Governor Christie Signs Licensure of Dementia Care Homes Bill into LawHealth Law Blog | December 2015

HIPAA Corner - December 2015Health Law Blog | December 2015

Avoid Legal Pitfalls and Sham Transactions in Medical Directorships and Physician ArrangementsHealth Law Blog | Fall 2015

FTC Provides Guidance Regarding Immunity for Professional BoardsHealth Law Blog | November 2015

DOL Rule Expands Minimum Wage and OT Compensation to Home Care WorkersHealth Law Blog | November 2015

HIPAA Corner: OIG Recommends that OCR Strengthen Its Follow Up of Reported Breaches of PHIHealth Law Blog | November 2015

Third Circuit Upholds FTC’s Data Security AuthorityHealth Law Blog | October 2015

HIPAA Corner: HIPAA Settlement Highlights Need for Risk Analysis and Device and Media Control PoliciesHealth Law Blog | October 2015

New OIG Advisory Opinion on Free Introductory Visits by Home Health ProvidersHealth Law Blog | September 2015

Health Care TelecommunicationsHealth Law Blog | September 2015

Legislative Update: September 2015Health Law Blog | September 2015

HIPAA Corner: CMS Issues New HIPAA Fact SheetHealth Law Blog | September 2015

HIPAA Corner: HIPAA Settlement Highlights Importance of Conducting a Risk AssessmentHealth Law Blog | September 2015

CMS Issues Proposed Rule on the Home Health Prospective Payment SystemHealth Law Blog | August 2015

CMS Releases Star Ratings for Home Health AgenciesHealth Law Blog | August 2015

HIPAA Corner: U.S. District Court Clarifies HIPAA Disclosure Requirements for Whistle-BlowersHealth Law Blog | August 2015

Medicare Fraud Strike Force Takes Down 243 Individuals for $712 Million in False BillingsHealth Law Blog | July 2015

OSHA and NIOSH Roll Out Hospital Respiratory Protection ToolkitHealth Law Blog | July 2015

HIPAA Corner: HIPAA Security Rule Risk Analysis: Are You Up-to-Date?Health Law Blog | July 2015

PHYSICIANS BEWARE: OIG Fraud Alert Puts Doctors on Notice Regarding Pitfalls of Medical Directorship and Other Payment ArrangementsHealth Law Blog | June 10, 2015

OIG: More Consistency Is Needed in Background Checks for Home Health WorkersHealth Law Blog | June 2015

HIPAA Corner: ONC Releases Updated Guide to Privacy and Security of Electronic InformationHealth Law Blog | June 2015

HIPAAHealth Law Blog | June 28, 2013

Special Advisory Bulletin on Program ExclusionHealth Law Blog | June 3, 2013

Significant Changes to Breach Notification RuleHealth Law Blog | May 30, 2013

Arrangement to Discount Medicare Inpatient DeductiblesHealth Law Blog | May 10, 2013

Bill Would Provide Tax Credit for Hospital RedevelopmentHealth Law Blog | April 29, 2013

OSHA Fines New Jersey ASCHealth Law Blog | April 24, 2013

HIPAA/HITECH Act Final Rules Change Business Associate RequirementsHealth Law Blog | March 31, 2013

Final HIPAA Rules PublishedHealth Law Blog | February 8, 2013

Guidance on De-Identification of Health InformationHealth Law Blog | January 30, 2013

Proposal to Provide Volunteers to Terminal PatientsHealth Law Blog | January 9, 2013

Thousands of Patients Affected by BreachHealth Law Blog | December 31, 2012

Final Rule for Home Health Services PaymentsHealth Law Blog | December 11, 2012

Community Benefit Review of HospitalsHealth Law Blog | December 11, 2012

HIPAA and SubpoenasHealth Law Blog | November 29, 2012

Disclosure Under Fraud and Abuse LawsHealth Law Blog | November 8, 2012

Hospitals Alerted to Concerns of Health Care FraudHealth Law Blog | October 1, 2012

Eased Regulations for Hospitals and Health Care ProvidersHealth Law Blog | June 15, 2012

OIG Criticizes Hospital Incident Reporting SystemsHealth Law Blog | February 6, 2012

Consumers Share in Network Hospital DiscountHealth Law Blog | January 19, 2012