Day 1 - Tuesday, August 18, 2020

8:15
Opening Remarks from The Co-Chairs

Caroline J. Berdzik
Partner and Chair of Healthcare and Employment and Labor Practice Groups
Goldberg Segalla LLP (Princeton, NJ)

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

8:30
Understanding How the Trajectory of the Pandemic Created a Perfect Storm for LTC Litigation

Caroline J. Berdzik
Partner and Chair of Healthcare and Employment and Labor Practice Groups
Goldberg Segalla LLP (Princeton, NJ)

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

  • 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

9:00
What Every Long-Term Care Attorney Needs to Know About State and Federal Immunity Statutes: An In-Depth Guide to New State COVID-19 Relief Protections for LTC Providers

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

  • 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
Anatomy of COVID-19 Long Term Care Lawsuits and Class Actions – Analysis of Causes of Actions, Pleadings and Merit

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

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

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

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
    Keynote

    Thomas Balcezak, MD, MPH
    Chief Medical Officer and Chief Clinical Officer
    Yale New Haven Hospital system (New Haven, CT)

    1:30
    Preparing for The Inevitable: Defense Preparedness for LTC COVID-19 -Related Lawsuits

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

    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
    Anticipating Criminal Investigations of Long-Term Care and Senior Care Providers Relative to the COVID-19 Pandemic

    Amy Walsh
    Partner
    Orrick (New York, NY)

    John H. Lawrence
    Partner
    K & L Gates (Miami, FL)

    • 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
      • New York
      • New Jersey
    • 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
    A Question of Insurance: Understanding What Coverages are Invoked in the Time of Pandemic and How COVID-19 May Radically Change LTC Provider Coverage as We Know It

    Shane M. Riccio
    Producer, Health and Human Services
    The Graham Company (New York, NY)

    Sean M. Brogan, Esquire
    Managing Director
    The Graham Company (Philadelphia, PA)

    • 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
    Focus on Related COVID-19 Potential Litigation and Liabilities that LTC Providers Cannot Ignore

    Neville M. Bilimoria
    Partner
    Duane Morris LLP

    Adam S. Guetzow
    Partner
    Hinshaw & Culbertson LLP

    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