Profile
Eileen Hayes is a health care and insurance regulatory attorney focusing on federal and state regulatory compliance matters. A former long-time regulator, Eileen brings a practical, regulator-informed perspective to helping clients navigate evolving regulatory requirements, pursue business objectives, and manage regulatory risk while maintaining productive working relationships with regulators.
Eileen represents national and regional health, life, and property insurers, managed care organizations, pharmacy benefit managers (PBMs), producers, pharmaceutical manufacturers, and specialty network providers. She advises on a broad range of health care and insurance regulatory issues, including business of insurance and licensing matters, product regulation and form and rate filings, PBM licensure and compliance, financial and market conduct examinations, regulatory investigations and enforcement matters, consumer protection and complaint matters, mental health parity, cybersecurity, commission and inducement issues, governance, regulatory diligence and change-of-control and related approvals, risk-based payment initiatives, discontinuances, withdrawals, and liquidations.
Eileen also represents leading industry trade associations, including the New York Health Plan Association (NYHPA), the Life Insurance Council of New York (LICONY), the National Association of Independent Financial Advisors (NAIFA-NY), the New York Land Title Association (NYSLTA), and the New York Association of Dental Plans. She assists these organizations with shaping federal and state legislation, regulation, and guidance, and with helping their members navigate complex implementation and governmental compliance challenges.
Prior to joining the firm, Eileen 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, both internally and to the Governor’s Office, the Division of the Budget, state and federal agencies, legislators, insurers, trade associations, consumer groups, and consumers. She also developed legislation and regulations and coordinated DFS’s federal health insurance reform efforts, including implementation of the Affordable Care Act (ACA).
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, 2023-2026
- Listed, The Legal 500 United States, 2018-2025
- "Leading Partners," Industry Focus - Healthcare - Health Insurers, 2025
- "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