| 8:15 |
Caroline J. Berdzik
Partner and Chair of Healthcare and Employment and Labor Practice Groups
Goldberg Segalla LLP (Princeton, NJ)
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| 8:30 |
Caroline J. Berdzik
Partner and Chair of Healthcare and Employment and Labor Practice Groups
Goldberg Segalla LLP (Princeton, NJ)
- Analyzing how the COVID-19 Pandemic added a whole new dimension to traditional negligence and standard of care lawsuits brought against the LTC industry
- Examining how the CMS COVID Notification Regulation created before and after timelines for COVID-related lawsuits
- Understanding how the pathology of COVID-19 transformed traditional infection prevention mechanism
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| 9:00 |
- Analyzing protections afforded to LTC facilities by the PREP Act
- 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
- Assessing the protections afforded under these statute as well as their limitations
- Weighing the likelihood of repeal of the state immunity legislation based on public opinion
|
| 10:00 |
Morning Break
|
| 10:30 |
Individual Cases
- Surveying state COVID LTC litigation hotspots
- Examining the common elements causes of action alleged in these COVID cases
- Understanding why deceptive conduct, non-transparency, gross negligence are all pled in the absence of intent
- Exploring possible venue challenges under PREP Act relative to DC Federal Courts
Case study: Morin v. LifeCare Class Action Filings
Examining Gill et al v. Pennsylvania Department of Health as the possible bellwether case of COVID-19 LTC class action litigation against state institutions
Analyzing merits of allegations of unauthorized clinical trials in violation of the Nuremberg Code
Assessing applicability of sovereign immunity
Surveying other recent COVID-relate LTC class action activity on merits, causation, and public policy arguments
- Maglioli v. Andover Subacute Rehabilitation Center, Superior Court of NJ (May 2020)
- Schoengood, et al v. Hofgur, LLC d/b/a Queens Adult Care Center (E.D.N.Y 2020)
Predicting the scope and likelihood of future class action activity in this area
|
| 12:00 |
Lunch Break
|
| 1:00 |
|
| 1:30 |
Heather N. Bokor
Chief Compliance and Privacy Officer, Interim
Compliance Services, University of Florida Health (Gainesville, FL)
Examining Response Plans
- 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’s
- 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
Documentation
- Implementing an 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
|
| 3:00 |
Afternoon Break
|
| 3:30 |
- Assessing the Pennsylvania AG’s commencement of a criminal investigation of alleged criminal negligence in nursing homes relative to the COVID-19 pandemic
- Anticipating which other states may take similar actions and whether such activity will give rise to a coalition of State AGs
- Exploring circumstances in which state manslaughter statute may be invoked
- Exploring activities by LTC providers which may be the focus of federal COVID-19 investigations
|
| 4:15 |
Shane M. Riccio
Producer, Health and Human Services
The Graham Company (New York, NY)
- Assessing current provider concerns in view of COVID-related lawsuits
- 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
|
| 5:00 |
Minton P. Mayer
Co-managing Parner
Quintairos, Prieto, Wood & Boyer, P.A (Nashville and Memphis, TN)
- Examining circumstances which may give rise to potential fraud and abuse allegations- both criminal and civil
- Assessing the probability of antitrust activity
- Exploring employee and whistle blower actions
- Investigating potential fraud claims from residents of assisted living facilities for having services and activities curtailed
|
| 5:30 |
End of Conference
|
