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Day 1 - Tuesday, February 2, 2021

Opening Remarks from The Co-Chairs

Minton P. Mayer
Co-managing Parner
Quintairos, Prieto, Wood & Boyer, P.A.

Myla Reizen
K & L Gates

Preparing for The Second Wave: Understanding How the Trajectory of the Pandemic Continues to Create a Perfect Storm for LTC Litigation

Andrew T. Sheeley
Sheeley LLP

Joseph L. Bianculli
HealthCare Lawyers, PLC

Jason Lewis
CRC Wholesale Group

  • Analyzing the whole new dimension to traditional negligence and timelines on standard of care lawsuits and recent class-action suits brought against the LTC industry as a result of the Pandemic
  • Identifying how the standard of care has changed since the start of the pandemic
  • Understanding the lessons learned from the first wave and whether nursing facilities are prepared for the second wave and flu season
    • Analyzing CMS reopening guidance pertaining to how nursing homes and what regulations they had to follow and understanding the implications on liability
    • Analyzing employee training requirement for reopening
  • Examining developments with OSHA and new work guidance regarding CMS.
  • Understanding how the pathology of COVID-19 transformed traditional infection prevention mechanism
  • Determining is telehealth medicine will become permanent as a result of COVID-19 and if this will change the landscape to nursing homes
    • Identifying if this is covered by Medicare and if so, determining if telehealth medicine will be used more and how will it affect ability to care for nursing home patients

State and Federal Immunity Statutes 101: An In-Depth Guide to COVID-19 Relief Protections for LTC Providers

Olga Kats-Chalfant, Esq.
Divisional Claim Manager – Princeton

Drew Graham
Hall Booth Smith, PC

Lori Semlies
Attorney at Law
Wilson Elser Moskowitz Edelman & Dicker LLP

Tara J. Clayton
Senior Claim Consultant
Willis Towers Watson Midwest, Inc. (Chicago, IL)

  • Assessing the protections afforded state and federal immunity statutes as well as their limitations
  • Analyzing federal immunity protections afforded to LTC facilities by the PREP Act
    • Assessing the declarations coming down from federal agencies and understanding the synthesis and deconstruction for onboarding
    • Determining how to handle challenges to the PREP Act in a state court
  • Surveying expanded immunity protections for the LTC industry under 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
  • Weighing the likelihood of repeal of the state immunity legislation based on public opinion

Morning Break
Class Action Think Tank: Analysis of Recent Class Actions

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

Mollie E. Werwas
Kopon Airdo, LLC (Chicago, IL)

  • Analyzing the initial class action lawsuits that have been filed against LTC providers, including the claims raised and the disposition of the various suits
  • Reviewing class actions related to patient deaths from COVID-19 and potential defenses to those suits
  • Reviewing additional grounds for putative class action suits including, for example, ADA claims
  • Analysis of the class action filed against the Pennsylvania Department of Health related to state survey inspections

1:1 Networking / Lunch
Enforcement Risks for Long-Term Care and Senior Care Providers Resulting from the COVID-19 Pandemic

Neville M. Bilimoria
Duane Morris LLP

Lori Kalani
Co-Chair, State Attorneys General
Cozen O’Connor

  • Issues and trends in civil investigations by AG offices resulting from the pandemic. What is likely to prompt an investigation, and which authorities will be most active?
  • Issues and trends in investigations into alleged criminal negligence in nursing homes resulting from the pandemic. What is the extent of states’ and other agencies’ authority to bring criminal actions? Where else are threats likely to come from?
  • Strategies to help LTC providers avoid becoming the focus of an investigation, litigation or criminal charges.
  • Best practices LTC providers can adopt to avoid exposure to investigations, litigation, and criminal charges, and mitigate risk should an investigation or suit be launched


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

Afternoon Break
How We’ve Evolved: Defense Preparedness for LTC COVID-19-Related Lawsuits

Dylan Braverman
Vigorito, Barker, Patterson, Nichols & Porter, LLP

Rob Marshall
Senior Vice President
Willis Towers Watson

Michael J. Brendel
Assistant Vice President, Specialty Claims

  • Ensuring that COVID-19 response plans are agile and fluid enough to meet evolving CDC and HHS/CMS guidance’s in addition to other applicable federal, state and local guidance
  • Complying with federal and state mandated transparency and notification requirements
  • Examining infection prevention response plans pre- and post-COVID to demonstrate compliance with existing guidelines
  • Updating timelines daily to document fluidity in responding to evolving guidance

  • Analyzing agile and effective record keeping compliance program
  • Writing it all down: understanding the profound importance of documentation and why it is the key to a successful defense in the LTC arena
  • Developing lists and keeping checklists of all applicable activity to demonstrate the highest standards of care
  • Documenting infection control procedures as well as good deeds
  • Task forces and Committees
  • Establishing internal COVID-19 task forces to address COVID-related challenges and implement procedures

Anticipating the Role of COVID-19 Testing and Potential Vaccine Development in COVID-19 LTC Litigation

Caroline J. Berdzik
Partner and Chair of Healthcare and Employment and Labor Practice Groups
Goldberg Segalla LLP

David F. Beach (Max)
Perry, Johnson, Anderson, Miller & Moskowitz LLP

  • Analyzing the penalties nursing homes face for neglecting to test
  • Understanding the changing state of epidemiologist and infection disease
  • Surveying state COVID LTC litigation hotspots, determining whether geography is a factor and understanding if there is disparity of health care
  • Assessing the complexities of creating a vaccine in a short timeframe and the challenges that come with it

A Matter of Insurance: Understanding The Coverages Invoked During A Pandemic and How COVID-19 Has Radically Changed LTC Provider Coverage

Dennis (DJ) Cook
Chief Liability Officer

Shane M. Riccio
Producer, Health and Human Services
The Graham Company

John Snader
Brethren Village

  • Assessing current provider concerns in view of COVID-related lawsuits and how they are responding to defenses being made
  • What coverages and exclusions should providers be aware of in current policies?
  • Understanding the looming threat of COVID-exclusions in renewals
  • Examining the dangers of batch claims

End of Conference