Profile
Eileen Hayes is a health care and insurance regulatory attorney who advises clients on complex federal and state compliance matters. A former longtime regulator with the New York Department of Financial Services (DFS), Eileen brings a practical, informed perspective to helping clients navigate evolving regulatory requirements, manage regulatory risk, and pursue business objectives. She is known for assisting clients in fostering and maintaining constructive, productive relationships with oversight agencies.
Eileen represents national and regional health, life, and property and casualty insurers, managed care organizations, pharmacy benefit managers (PBMs), producers, third‑party administrators, independent adjusters, and specialty network providers. She advises on a broad range of health care and insurance regulatory issues across commercial insurance markets, as well as Medicare and Medicaid programs.
Her experience includes counseling clients on licensing and organizational requirements; the business of insurance and risk‑based payment arrangements; form and rate filings; financial and market conduct examinations and investigations; regulatory enforcement matters; consumer protection and complaints; PBM licensure and compliance; mental health parity; cybersecurity; commission and inducement issues; corporate governance; regulatory diligence; change‑of‑control transactions and related approvals; and insurer 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 National Association of Dental Plans (NADP). In this capacity, she helps shape federal and state legislation, regulations, and regulatory guidance, and advises on complex implementation and compliance challenges.
Prior to joining the firm, Eileen spent 20 years with the Health Bureau of DFS (formerly the New York Insurance Department). In that role, 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 played a key role in developing legislation and regulations and in coordinating DFS’s implementation of federal Affordable Care Act (ACA) reforms.
תחומי התמחות
ניסיון מקצועי
- 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
הישגים ותפקידי מפתח
- 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
הכשרה מקצועית וכישורי שפה
- J.D., cum laude, State University of New York at Buffalo Law School
- B.A., summa cum laude, State University of New York at Albany
- New York