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M. Daria Niewenhous

Member Emerita

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Daria retired from Mintz in 2023 from the Health Law Practice. Her legacy includes a position as the former director of Mintz's Domestic Violence Project, the firm's signature pro bono initiative.

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Final Medical Marijuana Regulations Approved in Massachusetts

May 10, 2013 | Blog | By Kimberly Gold, Dianne Bourque, Daria Niewenhous

The Massachusetts Department of Public Health Public Health Council approved, by unanimous vote, final regulations for the implementation of the medical marijuana ballot initiative law that will allow qualifying patients with certain medical conditions to obtain and use marijuana for medicinal purposes.
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A recent Massachusetts Superior Court decision recognizes a claim against a hospital for “negligent credentialing.”  The court in Rabelo v. Nasif, et al found that, through the credentialing process, a hospital must "exercise reasonable care to protect its patients from incompetent or careless surgeons, ...” 
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ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
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OIG Approves Gift Cards to Encourage Clinical Visits to Health Center

January 9, 2013 | Blog | By Daria Niewenhous, Theresa Carnegie

In Advisory Opinion 12-21, the OIG concluded that a Federally qualified health center’s offer of grocery store gift cards to capitated managed care patients would not constitute grounds for the imposition of sanctions under the civil monetary penalty law’s beneficiary inducement prohibition or the Anti-Kickback Statute.
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ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
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OIG Approves Hospital’s Electronic Interface Arrangement

December 21, 2012 | Blog | By Daria Niewenhous, Theresa Carnegie

In OIG Advisory Opinion 12-20, the OIG determined that a proposed arrangement (the “Proposed Arrangement”) by a hospital (the “Requestor”) would not constitute grounds for the imposition of sanctions under the Anti-Kickback Statute (“AKS”).
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A court has ruled that Merck’s production of documents to the government under a confidentiality agreement during the Vioxx investigation waived any confidentiality or privilege; documents that Merck had previously disclosed to the government under a confidentiality agreement must now be produced to private party plaintiffs in pending securities litigation.
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Healthcare Mergers and Acquisitions - Pitfalls and Emerging Issues

December 18, 2012 | Blog | By Daria Niewenhous

Pitfalls in Healthcare Mergers and Acquisitions - Emerging Issues (The Health Lawyer, October 2012), is a must read for anyone contemplating, in the midst of, or even recovering from, a healthcare merger or acquisition.
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Off Label Marketing - First Amendment Challenge Ruling

December 6, 2012 | Blog | By Daria Niewenhous

The U.S. Court of Appeals for the 2nd Circuit upheld a First Amendment challenge to the federal prosecution of pharmaceutical salesperson Alfred Caronia for off-label marketing. Given the number of off-label marketing cases pursued by the government in recent years, this decision could have major repercussions. 
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ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
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News & Press

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Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.

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Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.

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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.

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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Mintz Member M. Daria Niewenhous co-authored an American Health Lawyers Association (AHLA) Business Law and Governance Practice Group Briefing that featured a Q&A discussion with two strategic communications and media experts, including Senior Vice President, Strategic Communications of ML Strategies Nancy J. Sterling, APR, Fellow PRSA, offering insights on best practices for proactive and reactive media communications for healthcare organizations.
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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.
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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. 
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”
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podcasts

Health Law Diagnosed – CA Proposes Regs for Pre-Closing Review of Health Care Deals: What You Need to Know

August 21, 2023 | Podcast | By Lara Compton, Deborah Daccord, Bridgette Keller, Daria Niewenhous

Mintz Health Law attorneys discuss regulations recently proposed by California’s newly established Office of Health Care Affordability, which call for advance regulatory review of certain health care entity mergers, acquisitions, affiliations, and other arrangements.

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Mintz Health Law: What We Are Grateful For

January 11, 2023 | Podcast | By Bridgette Keller

Bridgette Keller speaks with the Mintz Health Law team about what they are grateful for as they look back on a year of client service, mentorship, and working together as a team.

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In this episode of the Health Law Diagnosed podcast, members of the Mintz Health Law team discuss their health law–focused 2022 New Year’s resolutions and how they’re helping clients and colleagues navigate the continued challenges and opportunities of the current era.
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Events & Speaking

Speaker
Jun
1
2023

Hot Topics in State Antitrust Enforcement

American Health Law Association

Online Event

Webinar Reference Image
Speaker
Oct
19
2021
Conference Reference Image
Speaker
Nov
14
2019

Health and Hospital Law: MCLE BasicsPlus

MCLE Conference Center, 10 Winter Place, via Winter Street

Speaker
May
23
2019

MCLE New England's 20th Annual Hospital and Health Law Conference 2019

Hospitals and Health Systems

Ten Winter Place, Boston

Panelist
Oct
18
2018

The Long Term Care Finance Association's Conference

Surviving in Senior Care

Marlborough, MA

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

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M. Daria Niewenhous

Member Emerita