Egan appointed Village Attorney for Port Jefferson, NY

The firm is pleased to announce the expansion of our municipal law practice group with the appointment of firm partner, Brian T. Egan, Esq., as Village Attorney for the Village of Port Jefferson, NY. A link to the article announcing the appointment is here. Among his activities, Egan is Co-Chair of the Municipal Law Committee for the Suffolk County Bar Association, and serves as the Village Attorney for the Villages of Patchogue and Mastic Beach.

Egan named to Irish Echos 2013 "40 under 40"

Firm partner Brian T. Egan, Esq. was named to the Irish Echo's 2013 "40 under 40" of national rising stars of Irish Americans. Egan was selected for his experience in commercial litigation and municipal law, as well as his leadership as a past President of the Brehon Society of Suffolk County, which is an organization of Irish American judges and lawyers.

Firm Wins Challenge to Historic District Denials

In a decision that will have implications for historic districts across Long Island, the New York Supreme Court reversed decisions by the Village of Bellport's Zoning Board of Appeals and Historic Preservation Commission which barred the use of synthetic Hardi-Board siding on homes within one of its designated historic districts. Egan & Golden represented a homeowner who had twice been denied a Certificate of Appropriateness by the Bellport Historic Preservation Commission (HPC) and the Zoning Board of Appeals (ZBA). The homeowner, residing in Bellport's famed Jacob Bell House, sought permission to install Hardi-Board siding on the exterior of his home. Brian T. Egan and associate Christopher Bianco commenced an Article 78 proceeding on behalf of the homeowner arguing that the language of the Historic District's regulations expressly permitted synthetic siding materials so long as they conformed to the visual and architectural character of the historic district. The firm compiled substantial research showing that Hardi-Board, a cementitious siding product, is not only more energy efficient and cheaper to install and maintain, but also bears a close resemblance to the wood clapboard that decorated the colonial homes of the 19th century. Justice Mayer of the Supreme Court, Suffolk County agreed with the firm's analysis of both Hardi-Board siding and Bellport's historic district regulations and ultimately reversed the HPC and ZBA's determinations. A copy of Justice Mayer's decision and order can be found here.


The use of Hardi-Board on historically designated structures has been a hotly contested issue in preservation districts across the country. This case is the first of its kind on Long Island and Justice Mayer's decision here may guide courts and preservation districts in New York and across the country when determining the appropriate use of modern materials on historic structures.

Egan appointed Village Attorney for Mastic Beach

The cover story in today's Long Island Advance breaks the news of firm partner Brian T. Egan, Esq. being appointed by the Mayor, and unanimously confirmed by the Board of Trustees, as the new Village Attorney for Mastic Beach Village. He also serves as the Village Attorney for Patchogue Village. Egan currently serves as Chairman of the Municipal Law Committee for the Suffolk County Bar Association.

HIPAA Audits Coming Soon to a Practice Near You!

The U.S. Department of Health and Human Services’ Office of Civil Rights (OCR), which is the main enforcer of HIPAA data privacy and security laws, recently released its HIPAA privacy and security audit protocols. The OCR HIPAA Audit program analyzes processes, controls, and policies of selected covered entities pursuant to the HITECH Act audit mandate. There are three main areas of HIPAA security and privacy that are covered:


• First, the audit protocol covers Privacy Rule requirements for (1) notice of privacy practices for Protected Health Information (PHI), (2) rights to request privacy protection for PHI, (3) access of individuals to PHI, (4) administrative requirements, (5) uses and disclosures of PHI, (6) amendment of PHI, and (7) accounting of disclosures.

• Second, the audit protocol covers Security Rule requirements for administrative, physical, and technical safeguards

• Third, the audit protocol covers requirements for the Breach Notification Rule.

**A full list of 165 performance criteria can be found here.

During the 2012 annual meeting of the American Health Lawyers Association, Senior OCR Advisor David Mayer, while speaking about the new protocols, announced that the OCR plans to continue its audit program in 2013 and 2014 and has been allocated the funding to do so. He stated that all covered entities, particularly small providers who historically have constituted a high proportion of HIPAA violations, should take the opportunity to use the audit protocols as a guide to draft or revamp their HIPAA compliance policies and procedures as well as to devise a plan of action to respond to audits in an organized and comprehensive manner.

The attorneys at the law firm of Egan & Golden, LLP can assist you with any questions regarding HIPAA compliance or HIPAA audit response plans.

NOTABLE RECENT HIPAA SETTLEMENTS:

Phoenix Cardiac Surgery, P.C. has agreed to pay a $100,000 fine and implement a corrective action plan under a Resolution Agreement with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) after a lengthy investigation into potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. (Full story at here.)

The Alaska Department of Health and Social Services (DHSS) has agreed to pay the U.S. Department of Health and Human Services’ (HHS) $1,700,000 to settle possible violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule. Alaska DHSS has also agreed to take corrective action to properly safeguard the electronic protected health information (ePHI) of their Medicaid beneficiaries. (Fully story at here)

Blue Cross Blue Shield of Tennessee (BCBST) has agreed to pay the U.S. Department of Health and Human Services (HHS) $1,500,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, Leon Rodriguez, Director of the HHS Office for Civil Rights (OCR), announced today. BCBST has also agreed to a corrective action plan to address gaps in its HIPAA compliance program. The enforcement action is the first resulting from a breach report required by the Health Information Technology for Economic and Clinical Health (HITECH) Act Breach Notification Rule. (Full story at here)

Moody's Raises Patchogue Village's Bond Rating

Our firm congratulates the Mayor and Patchogue Village Board on this milestone bond rating increase. Following a crowded three way race, Mayor Pontieri  was elected to a historic third term by an overwhelming margin. Firm partner Brian T. Egan, Esq. serves as the Village Attorney, and was reappointed to a second term on the re-election of Mayor Pontieri. The Long island Business News story is here

Egan & Golden Successfully Defends Village in Suit Seeking Shutdown of $100 Million Development Project

Egan & Golden, LLP successfully defended the Village of Patchogue and its Board of Trustees in a suit seeking to overturn a recently approved local law creating a Downtown Redevelopment District. Plaintiffs, a small group of residents and business owners, also challenged a site plan, submitted by Downtown Patchogue Redevelopers, LLC, that calls for the construction of the “New Village at Patchogue,” a 291-unit apartment and retail space complex in Patchogue’s bustling Main Street area.


The Supreme Court decision found that Plaintiff’s allegations of illegality and procedural impropriety were “devoid of pleaded facts to support their vague and conclusory constitutional claims.” The Court further held that the “local law itself reflects that the decision to create a downtown redevelopment district was based on a comprehensive plan for the revitalization of the downtown area, and accordingly was not intended to single out Downtown’s property to the detriment of other property owners.” Firm partner Brian T. Egan was asissted by associate Christopher Bianco in the defense of the case.

The dismissal ends nearly two years of political wrangling over the site of the long-abandoned Swezey’s Department Store. With the Court’s dismissal of Plaintiffs’ claims, the Tritec Real Estate Company can go forward with construction of the $100 million development. The New Village at Patchogue is the latest project in the Village’s long-term redevelopment plan which has revitalized the downtown area and fostered a budding local arts scene.