Long Term Care and Senior Care Providers

Opening Remarks from The Co-Chairs

Robin Khanal
Partner
Quintairos, Prieto, Wood & Boyer, P.A (Orlando, FL)

Malinda A. Miller
Partner
Lewis Brisbois Bisgaard & Smith LLP (Newark, NJ)

What You Need to Know About the Latest COVID-19 Activity Affecting Nursing Homes and LTC Facilities

Part I: Status of COVID-19 Lawsuits and Class Actions

Olga Kats-Chalfant, Esq.
Divisional Claim Manager – Princeton
MedPro (Princeton, NJ)

Robin Khanal
Partner
Quintairos, Prieto, Wood & Boyer, P.A (Orlando, FL)

Malinda A. Miller
Partner
Lewis Brisbois Bisgaard & Smith LLP (Newark, NJ)

• Analyzing trends in recent lawsuits and class actions regarding COVID-19 related negligence in nursing homes
• Surveying activity within the various states as well as AG activity
• Assessing the status of expanded immunity protections for the LTC industry under the federal CARES Act and state immunity statutes and executive orders
• Understanding who and what activities are protected by these state statutes
  • Reviewing what states that do not have immunity are doing
  • Examining the fallout from public outcry against such immunity statutes

Part II: Examining Theories of Liability and Juror Perception

Drew Graham
Partner
Hall Booth Smith, PC (New York, NY)

William J. Mundy, Esq.
Member
Burns White (Pittsburg, PA)

Edward M. O’Brien
Of Counsel
Wilson Elser Moskowitz Edelman & Dicker LLP (Louisville, KY)

• Assessing causes of action and theories of liability: looking beyond wrongful death
• Exploring corporate liability theories in COVID-19 cases
• Understanding how these cases have added a new dimension to traditional negligence theories and timelines on standard of care lawsuits
• Devising defense preparation strategies to allegation outsides the bounds of immunity statute protections
• Examining how the public perception of these cases has evolved and how this relates to jury selection

Morning Break

Promoting Vaccination Buy-In Among Residents and Workers: Evaluating Mandates and Potential Liabilities

Jason E. Bring
Partner
Arnell Gold Gregory LLP (Atlanta, GA)

Cory Kallheim
Vice President of Legal Affairs and Social Accountability
Leading Age (Washington, DC)

Patrick Joseph, M.D, FIDSA, FSHEA
Clinical Professor
University of California (San Francisco, CA)

• Educating residents and workers about the benefits of the vaccine and its role in bringing an end to the pandemic
• Understanding how the vaccine works: epidemiology and infectious disease prevention
• Preventing and curtailing vaccine misinformation
• Identifying what incentives providers are using to get their employees vaccinated and determining the efficacy of these vaccine incentives
• Understanding the exemptions to mandate
• Evaluating the legality of vaccine mandates
• Assessing facility liability for lack of vaccinations

1:1 Networking

Lunch Break

The Psychological Effects of the Pandemic on Nursing Home Residents: Defining New Mental Health Standards of Care and Identifying Potential Liabilities

Caroline J. Berdzik
Partner & Chair of Healthcare Practice Group
Goldberg Segalla (Princeton, NJ)

Lawrence Diamond, MD
Geriatrician
The Pavilion at Queens for Rehabilitation & Nursing (Flushing, NY)

• Understanding the pandemic’s effects on the mental health of long-term care residents
• Taking a closer look at mental health care services in nursing homes
• Assessing the standard of care for mental health as well as potential liabilities for inadequate mental health care for residents

Taking a Closer Look at the CMS Nursing Home Star Rating Controversy: Examining Allegations of Manipulation as well as Star Rating Interpretation

Michael W. Bootier
Shareholder
Buchanan Ingersoll & Rooney PC (Philadelphia, PA)

• Examining allegations that providers manipulated CMS Star Ratings or otherwise provided false information to the government related to staffing levels
• Identifying the various sources of staffing data provided to the government and explain the apparent “inconsistencies” between various forms of staffing data, debunking claims in recent media accounts and lawsuits

Afternoon Break

HIRING FOR COMPLIANCE AND FOR KEEPS: Developing Strategies for Staff Retention For Today’s Challenges

Juan C. Gonzalez
Founding Partner
Rubin Paterniti Gonzalez Rizzo Kaufman, LLP (New York, NY)

Bette McNee
Risk Management Consultant
The Graham Company (Philadelphia, PA)

Lori K. Pearson
Vice President of Risk Management
Consulate Health Care (Atlanta, GA)

• Identifying liability exposures created by today’s evolving staffing crisis
• Discussing the disposition of today’s workforce from front line workers to skilled nurses
• Discovering potential strategies or solutions to continue operations without risk exposures due to shortages

COVID-19 Crisis Management Guide for Nursing Homes: Rebuilding Confidence and Restoring Reputation Post-Pandemic

Adam S. Guetzow
Partner
Hinshaw & Culbertson LLP (Chicago, IL)

Glenn D. Fox
Executive Vice President – Legal, Compliance and Risk Management
ACTS Retirement–Life Communities, Inc. (Lansdale, PA)

• Understanding lessons learned from the first wave
• Identifying best practices and strategies to navigate the pains of rebuilding operationally and financially
• Improving cyber protection
• Identifying how to restore trust in clients
• Navigating the media’s impact on the public’s portrayal of nursing facilities

Lessons Learned: Identifying How to Design New Compliance Standards and Insulate Ourselves from Risk

Dylan Braverman
Partner
Vigorito, Barker, Patterson, Nichols & Porter, LLP (Westchester, NY)

Myla Reizen
Partner
K&L Gates LLP (Miami, FL)

Closing Remarks; End of Conference