Profile
Eileen M. Hayes focuses her practice on health care and insurance regulatory matters. She advises clients on issues related to the New York marketplace, Medicaid, and managed care and insurance regulatory matters. Prior to joining the firm, she spent 20 years with the New York State Department of Financial Services’ (DFS) Health Bureau (formerly, the New York Insurance Department). There, she provided legal advice on all aspects of health insurance regulation, internally and to the governor’s office, the Division of the Budget, various state and federal agencies, legislators, insurers, trade groups, consumer groups, and consumers.
Eileen also developed legislation and regulations, and coordinated the DFS’ federal health insurance reform efforts, ranging from early analysis in lobbying to implementation and integration of state and federal health insurance requirements. She advocated at the national level to minimize disruption to state markets and advance equity; drafted state implementing legislation; managed federal grants, bids, consultant contracts and policy studies to support implementation; provided advice and support to the NYS Department of Health (DOH) and its contractors in developing New York's state-based health insurance Marketplace; and provided implementation assistance to insurers, federal agencies and the National Association of Insurance Commissioners (NAIC).
While with the DFS, Eileen was responsible for oversight and implementation of numerous market-based health insurance programs, including The New York Bridge Plan, Healthy New York, COBRA program for entertainment workers, TAA federal health care tax credit, and the federal COBRA stimulus program. She also analyzed and provided advice regarding new state laws and bills pending legislative or gubernatorial action. Eileen acted as the liaison to DOH and the Tax Department regarding HCRA and other state taxes impacting insurance.
Capabilities
Experience
- Supervised units regulating nonprofit accident and health products, long term care insurance and individual commercial products.°
- Represented Insurance Department on the Berger commission. Assisted in expanding options under New York's Partnership for Long Term Care Program.°
- Supervised Insurance Department regulation of Continuing Care Retirement Communities (CCRCs), including newly authorized fee-for-service CCRCs.°
- Handled all aspects of Healthy NY’s upstart and operations.°
- Developed and implemented state and federal legislation.°
- Supervised legal oversight of nonprofit Article 43 corporations and Article 47 municipal cooperatives.°
- Drafted portions of HCRA II, including Healthy NY.°
- Handled coordination with the federal government regarding the TAA health care tax credit (HCTC).°
- Participated in the early intervention and TRAID task forces.°
- Assisted with 1996 reforms to the hospital reimbursement system to permit negotiation of hospital rates. Handled varied issues relating to the implementation of HCRA surcharges and assessments.°
- Implemented legislation requiring prompt payment of health insurance claims.°
°The above matters were handled by Ms. Hayes prior to her joining Greenberg Traurig, LLP.
- Assistant Chief, New York State Department of Financial Services (DFS), Health Bureau, 2008-2013
- Attorney, New York State Insurance Department, Health Bureau, 1994-2008
- Supervising Attorney, 2001-2008
- Associate, 1998-2000
- Legal Intern, Gov. Mario Cuomo’s Office, 1994
- Legal Intern, Legal Services for the Elderly, 1994
Recognition & Leadership
- Listed, The Best Lawyers in America, Health Care Law, 2023-2025
- Listed, The Legal 500 United States, 2018-2024
- "Next Generation Partners," Industry Focus - Healthcare - Health Insurers, 2018-2024
- Team Member, BTI Power Rankings, “The 16 Strongest Firms for ‘Go-To Outside Counsel’ Insurance Work,” 2016
Credentials
- J.D., cum laude, State University of New York at Buffalo Law School, 1994
- B.A., summa cum laude, State University of New York at Albany, 1991
- New York