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Hermes Fernandez

Hermes Fernandez

Member

hfernandez@bsk.com
Albany, NY
(518) 533-3209
Fax (518) 533-3299

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  • Syracuse University College of Law (J.D., magna cum laude, 1981)
  • Le Moyne College (B.A., with honors, 1977)
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Profile

Hermes concentrates his practice in the areas of administrative and legislative law, health law, government regulation and litigation, advising clients on the requirements of and compliance with State statutes and regulations.

He frequently represents clients before the Legislature and state agencies and appears in administrative proceedings and in the courts. His experience runs the gamut from state contracts to constitutional issues to rate-making to regulatory compliance to minority and women-owned business enterprises. Hermes frequently structures client's business transactions and negotiates contracts. He has handled numerous cases of first impression.

Prior to joining the firm, Hermes served as Assistant Counsel to Governor Mario Cuomo. Before coming to Albany, he was a trial attorney with the Civil Division of the United States Justice Department in Washington, D.C., and judicial clerk to the Hon. John A. MacKenzie, Chief Judge, U.S. District Court for the Eastern District of Virginia. Hermes has written and lectured on various topics in health law, and administrative and governmental practice.

News

Events and Webinars

Webinar Recordings

Articles

Videos

Health Law Wire

Honors & Affiliations

  • Listed in:
    • The Best Lawyers in America® 2021, Administrative / Regulatory Law; Health Care Law (listed for 10 years)
      • Best Lawyers Albany Health Care Law Lawyer of the Year, 2013, 2020
    • Martindale-Hubbell®, AV Preeminent Rated
    • New York Super Lawyers 2017®, Administrative Law
  • Distinguished Service Award, Consumer Directed Personal Assistance Association of New York State, October 30, 2019 
  • Committee on Character and Fitness, New York State Supreme Court, Appellate Division, Third Department
  • American Bar Association, Member, Health Law Section
  • New York State Bar Association
    • Co-Chair, Task Force on Nursing Homes and Long-Term Care
    • Restarting the Economy Work Group
    • Member, House of Delegates
    • Immediate Past Chair, Health Law Section
    • Past Chair, Committee on Mental Retardation and Developmental Services Providers
    • Past Chair, Legislative Policy Committee
  • Albany County Bar Association
  • Capital District Black and Hispanic Bar Association
  • American Health Lawyer's Association
  • Order of the Coif

Representative Presentations

  • Interviewed, NYS Bar Association Proposes State Coronavirus Vaccine Mandate,” CBS 6 Albany – WRGB, November 9, 2020
  • Changes to New York's Wage Parity Requirements & CDPA, Consumer Directed Personal Assistance Association of New York, May 15, 2020
  • New Rules Regarding Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act Webinar, NYS Care Management Coalition, April 1, 2020
  • Panelist, Health Law 101, Bridging the Gap, New York State Bar Association, March 21, 2019
  • Regulatory & Compliance Update for Fiscal Intermediaries Under NY’s CDPAP, Home Care Association of New York State, December 10, 2018
  • New York State Paid Family Leave Program: Guidance for Home Care Providers, Webinar, January 16, 2018
  • Consumer Directed Personal Assistance Services (CDPAS): Ensuring Compliance and Minimizing Your Risk, Consumer Directed Personal Assistance Association of NYS Annual Conference, October 26, 2017
  • Consumer Directed Personal Assistance Services (CDPAS): Ensuring Compliance and Minimizing Your Risk, NYS Health Care Providers Association, HCP Conference, October 25, 2017
  • Keynote Speaker, Consumer Directed Personal Assistance Services (CDPAS): Ensuring Compliance and Minimizing Your Risk, HHAeXchange Business Summit, October 17, 2017
  • Consumer Directed Personal Assistance (CDPA) Program, Consumer Directed Personal Assistance Association of New York State, May 19, 2017
  • Consumer Directed Personal Assistance Services, NYHCP, February 27, 2017
  • Complying with Executive Order 38: What Home Care Providers Must Do NOW!, NYS Association of Health Care Providers Webinar, April 8, 2015
  • Impact of the Department of Labor’s Amendment of the Companionship Exemption Upon the Consumer Directed Personal Assistance Program, Consumer Directed Personal Assistance Association of New York State, Annual Meeting, October 10, 2013

Representative Publications

  • "Officials Have Vast Power on COVID-19 Measures—Except for Worship," Bloomberg Law, December 17, 2020
  • Quoted in "Debate Over Whether COVID-19 Vaccines Should be Required Continues," News10.com, December 8, 2020
  • Quoted in "Orthodox Jewish Synagogues Sue Cuomo Over Coronavirus Cluster Restrictions," New York Law Journal, October 8, 2020
  • Quoted in "Labor Day Trip? What You Need to Know About NY's Travel Restrictions," City Limits, September 4, 2020
  • Quoted in "Courts Giving States Leeway in Shutdown Cases," POLITICO Pro, September 1, 2020
  • Quoted in "Vaccination Requirements Could Pit Safety Concerns vs. ADA, Title VII," Business Insurance, July 22, 2020
  • Quoted in "New York, Neighbors Enact 14-Day Quarantine for Some Out-of-State Visitors," Times Union, June 24, 2020
  • Quoted in "New Jury Trials Postponed in New York, Jury Selection Suspended Until Further Notice," New York Law Journal, March 13, 2020
  • Quoted in "Independent living groups challenge CDPAP rate structure changes," POLITICO Pro, July 29, 2019

Other Activities

  • Salvation Army, Capital District Task Force
ProfileToggle Button Closed

Hermes concentrates his practice in the areas of administrative and legislative law, health law, government regulation and litigation, advising clients on the requirements of and compliance with State statutes and regulations.

He frequently represents clients before the Legislature and state agencies and appears in administrative proceedings and in the courts. His experience runs the gamut from state contracts to constitutional issues to rate-making to regulatory compliance to minority and women-owned business enterprises. Hermes frequently structures client's business transactions and negotiates contracts. He has handled numerous cases of first impression.

Prior to joining the firm, Hermes served as Assistant Counsel to Governor Mario Cuomo. Before coming to Albany, he was a trial attorney with the Civil Division of the United States Justice Department in Washington, D.C., and judicial clerk to the Hon. John A. MacKenzie, Chief Judge, U.S. District Court for the Eastern District of Virginia. Hermes has written and lectured on various topics in health law, and administrative and governmental practice.

NewsToggle Button Closed
Events and WebinarsToggle Button Closed
Webinar RecordingsToggle Button Closed
ArticlesToggle Button Closed
VideosToggle Button Closed
Health Law WireToggle Button Closed
Honors & AffiliationsToggle Button Closed
  • Listed in:
    • The Best Lawyers in America® 2021, Administrative / Regulatory Law; Health Care Law (listed for 10 years)
      • Best Lawyers Albany Health Care Law Lawyer of the Year, 2013, 2020
    • Martindale-Hubbell®, AV Preeminent Rated
    • New York Super Lawyers 2017®, Administrative Law
  • Distinguished Service Award, Consumer Directed Personal Assistance Association of New York State, October 30, 2019 
  • Committee on Character and Fitness, New York State Supreme Court, Appellate Division, Third Department
  • American Bar Association, Member, Health Law Section
  • New York State Bar Association
    • Co-Chair, Task Force on Nursing Homes and Long-Term Care
    • Restarting the Economy Work Group
    • Member, House of Delegates
    • Immediate Past Chair, Health Law Section
    • Past Chair, Committee on Mental Retardation and Developmental Services Providers
    • Past Chair, Legislative Policy Committee
  • Albany County Bar Association
  • Capital District Black and Hispanic Bar Association
  • American Health Lawyer's Association
  • Order of the Coif
Representative PresentationsToggle Button Closed
  • Interviewed, NYS Bar Association Proposes State Coronavirus Vaccine Mandate,” CBS 6 Albany – WRGB, November 9, 2020
  • Changes to New York's Wage Parity Requirements & CDPA, Consumer Directed Personal Assistance Association of New York, May 15, 2020
  • New Rules Regarding Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act Webinar, NYS Care Management Coalition, April 1, 2020
  • Panelist, Health Law 101, Bridging the Gap, New York State Bar Association, March 21, 2019
  • Regulatory & Compliance Update for Fiscal Intermediaries Under NY’s CDPAP, Home Care Association of New York State, December 10, 2018
  • New York State Paid Family Leave Program: Guidance for Home Care Providers, Webinar, January 16, 2018
  • Consumer Directed Personal Assistance Services (CDPAS): Ensuring Compliance and Minimizing Your Risk, Consumer Directed Personal Assistance Association of NYS Annual Conference, October 26, 2017
  • Consumer Directed Personal Assistance Services (CDPAS): Ensuring Compliance and Minimizing Your Risk, NYS Health Care Providers Association, HCP Conference, October 25, 2017
  • Keynote Speaker, Consumer Directed Personal Assistance Services (CDPAS): Ensuring Compliance and Minimizing Your Risk, HHAeXchange Business Summit, October 17, 2017
  • Consumer Directed Personal Assistance (CDPA) Program, Consumer Directed Personal Assistance Association of New York State, May 19, 2017
  • Consumer Directed Personal Assistance Services, NYHCP, February 27, 2017
  • Complying with Executive Order 38: What Home Care Providers Must Do NOW!, NYS Association of Health Care Providers Webinar, April 8, 2015
  • Impact of the Department of Labor’s Amendment of the Companionship Exemption Upon the Consumer Directed Personal Assistance Program, Consumer Directed Personal Assistance Association of New York State, Annual Meeting, October 10, 2013
Representative Publications Toggle Button Closed
  • "Officials Have Vast Power on COVID-19 Measures—Except for Worship," Bloomberg Law, December 17, 2020
  • Quoted in "Debate Over Whether COVID-19 Vaccines Should be Required Continues," News10.com, December 8, 2020
  • Quoted in "Orthodox Jewish Synagogues Sue Cuomo Over Coronavirus Cluster Restrictions," New York Law Journal, October 8, 2020
  • Quoted in "Labor Day Trip? What You Need to Know About NY's Travel Restrictions," City Limits, September 4, 2020
  • Quoted in "Courts Giving States Leeway in Shutdown Cases," POLITICO Pro, September 1, 2020
  • Quoted in "Vaccination Requirements Could Pit Safety Concerns vs. ADA, Title VII," Business Insurance, July 22, 2020
  • Quoted in "New York, Neighbors Enact 14-Day Quarantine for Some Out-of-State Visitors," Times Union, June 24, 2020
  • Quoted in "New Jury Trials Postponed in New York, Jury Selection Suspended Until Further Notice," New York Law Journal, March 13, 2020
  • Quoted in "Independent living groups challenge CDPAP rate structure changes," POLITICO Pro, July 29, 2019
Other Activities Toggle Button Closed
  • Salvation Army, Capital District Task Force
Education
  • Syracuse University College of Law (J.D., magna cum laude, 1981)
  • Le Moyne College (B.A., with honors, 1977)
Bar/Court Admissions
  • New York
Practice
  • Government Relations
Related Practice Bios
  • Health Care
  • Agribusiness
  • Business and Transactions
  • Higher Education
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