National Briefing on Legal & Regulatory Trends Impacting Long-Term and Senior Care Providers_DS

EARN CLE CREDITS

ACI’s National Briefing on

CURRENT LEGAL & REGULATORY TRENDS IMPACTING

Long-Term Care and Senior Care Providers October 14th, 2021 (EDT) Virtual Conference

COVID-19 • CMS Star Ratings • Staff Retention • Crisis Management

Distinguished Co-Chairs:

Robin Khanal Partner Quintairos, Prieto, Wood & Boyer, P.A

Skilled nursing facilities, senior care facilities, and long-term care facilities are all experiencing a deluge of cases. Be part of ACI’s in-depth virtual guide to COVID-19 lawsuits, the CMS nursing home star rating controversy, staff retention dilemmas, and crisis management techniques.

CHEVRON-RIGHT Promoting Vaccination Buy-In Among Residents and Workers: Evaluating Mandates and Potential Liabilities CHEVRON-RIGHT Identifying the Psychological Effects of the Pandemic on Nursing Home Residents: Defining Analyzing New Mental Health Standards of Care and Identifying Potential Liabilities CHEVRON-RIGHT Building a Crisis Management Guide for Nursing Homes to Rebuild Confidence and Restore Reputation Post-Pandemic

Malinda A. Miller Partner Lewis Brisbois Bisgaard & Smith LLP

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CHEVRON-RIGHT Identifying and Explaining “Inconsistencies” in Various Forms of Staffing Data CHEVRON-RIGHT Analyzing CMS Star Rating Manipulation Allegations

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Join us for a one-day virtual event for Counsel for the Long-Term Care and Senior Care Industries.

Join key industry stakeholders for ACI’s National briefing on Current Legal and Regulatory Trends impacting Long Term Care and Senior Care Providers this October. We will provide long-term care industry attorneys as well as their outside counsel with information on the current state of the union of COVID-19 lawsuits, the CMS nursing home star rating controversy, staff retention dilemmas, and crisis management techniques.

Join us for in-depth discussions on: CHEVRON-RIGHT Promoting vaccination buy-in among residents and workers: Evaluating mandates and potential liabilities CHEVRON-RIGHT Identifying the psychological effects of the pandemic on nursing home residents: Defining analyzing new mental health standards of care and identifying potential liabilities CHEVRON-RIGHT Building a crisis management guide for nursing homes to rebuild confidence and restore reputation post-pandemic CHEVRON-RIGHT Identifying and explaining “inconsistencies” in various forms of staffing data CHEVRON-RIGHT Analyzing CMS star rating manipulation allegations

Interactive Virtual Conference Experience This program is designed to bring the dynamic, in-person conference experience to you virtually with multiple ways to engage with speakers, stay connected with industry peers and expand your professional network through 1-on-1 conversations.

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Engage with Attendees and Speakers in an Interactive Format Meet 1-on-1 with Your Fellow Attendees

2 | #LTCliability

twitter: @ACILegal linkedin: ACI Healthcare: Legal, Regulatory, and Compliance Experts

Distinguished Speaker Faculty: CO-CHAIRS: Robin Khanal Partner Quintairos, Prieto, Wood & Boyer, P.A (Orlando, FL) Malinda A. Miller Partner Lewis Brisbois Bisgaard & Smith LLP (Newark, NJ) SPEAKERS: Caroline J. Berdzik Partner, & Chair of Healthcare Practice Group Goldberg Segalla (Princeton, NJ) Michael W. Bootier Shareholder Buchanan Ingersoll & Rooney PC (Philadelphia, PA) Dylan Braverman Partner Vigorito, Barker, Patterson, Nichols & Porter, LLP (Westchester, NY) Jason E. Bring Partner Arnell Gold Gregory LLP (Atlanta, GA)

Olga Kats-Chalfant, Esq. Divisional Claim Manager – Princeton MedPro (Princeton, NJ) Lawrence Diamond, MD Geriatrician The Pavilion at Queens for Rehabilitation & Nursing (Flushing, NY) Glenn D. Fox Executive Vice President – Legal, Compliance and Risk Management ACTS Retirement-Life Communities, Inc. (Lansdale, PA) Juan C. Gonzalez Founding Partner Rubin Paterniti Gonzalez Rizzo Kaufman, LLP (New York, NY) Drew Graham Partner Hall Booth Smith, P.C. (New York, NY) Adam S. Guetzow Partner Hinshaw & Culbertson LLP (Chicago, IL)

Patrick Joseph, M.D, FIDSA, FSHEA Clinical Professor University of California (San Francisco, CA) Cory Kallheim Vice President of Legal Affairs and Social Accountability Leading Age (Washington, DC) Bette McNee Risk Management Consultant The Graham Company (Philadelphia, PA) William J. Mundy, Esq. Member Burns White (Pittsburg, PA) Edward M. O'Brien Of Counsel Wilson Elser Moskowitz Edelman & Dicker LLP (Louisville, KY) Lori K. Pearson Vice President of Risk Management Consulate Health Care (Atlanta, GA) Myla Reizen Partner K&L Gates LLP (Miami, FL)

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EARN CLE education requirements. This course is identified as nontransitional for the purposes of CLE CREDITS

accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

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AGENDA October 14, 2021 (EDT) 10:00 AM EDT

12:15 PM EDT

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

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

Opening Remarks from The Co-Chairs

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 10:15 AM EDT

Part I: Status of COVID-19 Lawsuits and Class Actions microphone-alt Olga Kats-Chalfant, Esq., Divisional Claim Manager – Princeton, MedPro (Princeton, NY)

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

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

• Understanding the exemptions to mandate

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

• Assessing facility liability for lack of vaccinations

• Analyzing trends in recent lawsuits and class actions regarding COVID-19 related negligence in nursing homes

• Evaluating the legality of vaccine mandates

1:00 PM EDT

1:1 Networking

• Surveying activity within the various states as well as AG activity

1:15 PM EDT

• Assessing the status of expanded immunity protections for the LTC industry under the federal CARES Act and state immunity statutes and executive orders

2:15 PM EDT

• 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 11:00 AM EDT

Part II: Examining Theories of Liability and Juror Perception microphone-alt Drew Graham , Partner, Hall Booth Smith, P.C. (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 12:00 AM EDT

Morning Break

4 | #LTCliability

Lunch Break

The Psychological Effects of the Pandemic on Nursing Home Residents: Defining New Mental Health Standards of Care and Identifying Potential Liabilities microphone-alt 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 3:00 PM EDT

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

twitter: @ACILegal linkedin: ACI Healthcare: Legal, Regulatory, and Compliance Experts

3:45 PM EDT

Afternoon Break

• Understanding lessons learned from the first wave • Identifying best practices and strategies to navigate the pains of rebuilding operationally and financially

4:15 PM EDT

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

• Improving cyber protection • Identifying how to restore trust in clients • Navigating the media’s impact on the public’s portrayal of nursing facilities

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

5:45 PM EDT

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

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

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

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

• Identifying liability exposures created by today’s evolving staffing crisis

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

• Discussing the disposition of today’s workforce from front line workers to skilled nurses

6:30 PM EDT

Closing Remarks; End of Conference

• Discovering potential strategies or solutions to continue operations without risk exposures due to shortages 5:00 PM EDT



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

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microphone-alt 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)

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