2nd National Forum on COVID-19 Liability for Long-Term Care and Senior Care Providers by C5Group

A NEW VIRTUAL EXPERIENCE FOR 2021 No Need to Travel. Join Your Peers Virtually.

2nd National Forum on

COVID-19 LIABILITY

FOR

Long-Term Care and Senior Care Providers February 2, 2021 (EST)

VIRTUAL CONFERENCE

EARN CLE CREDITS

Join us for our second national conference which will examine the next chapter of the threat of COVID-19-related liabilities to the LTC industry. We will continue to provide long term care industry attorneys as well as their outside counsel with information on the current state of the union of these lawsuits, an understanding of where the negligence lies, and an assessment of causes of action and defense preparation strategies.

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

Binoculars

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

SEARCH-PLUS

Defense Preparedness for LTC COVID-19-Related Lawsuits: Evolving Strategies

AmericanConference.com/LTCLiability • 888 224 2480

Part of ACI’s LIFE SCIENCES GLOBAL SERIES

Join us for a one-day virtual event on COVID-19-related liabilities for Counsel for the Long-Term Care and Senior Care Industries. Long term care facilities from skilled nursing to assisted living are all experiencing a flood of lawsuits and investigatory inquiries related to the COVID-19 pandemic. Class actions are being filed and criminal investigations are starting. Causes of actions and allegations are circumventing state and federal immunity statutes. The time to prepare is now. It is critical to have your play book of defense preparation strategies ready. With so much at stake, you can’t afford to miss these crucial sessions: Angle-Right COVID-19-related Long-Term Care Lawsuits and Class Actions: Analysis of Causes of Actions, Pleadings

Speaker Faculty CO-CHAIRS Minton P. Mayer Co-managing Partner Quintairos, Prieto, Wood & Boyer, P.A. (Memphis and Nashville, TN)

Lori Kalani Co-Chair, State Attorneys General Cozen O’Connor (Washington, DC)

David F. Beach (Max) Partner Perry, Johnson, Anderson, Miller & Moskowitz LLP (Santa Rosa, CA)

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

FACULTY

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

Angle-Right What Every Long-Term Care Attorney Needs to Know About State and Federal Immunity Statutes Angle-Right Defense Preparedness: COVID-19 Response Plan Agility; Proper Documentation, and Task Force Formation

Neville M. Bilimoria Partner Duane Morris LLP

Angle-Right Potential COVID-19-related Criminal Liability

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

Reimagining the Way We Deliver Conferences

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

Immerse yourself in live presentations, panel discussions and benchmarking opportunities.

Comments

Engage in meaningful dialogue with attendees and speakers in an interactive format. Expand your network and make new connections.

2 | #LTCLiability twitter: @ACILegal

Frank Illuzzii, MD EVP, Director of Quality & Provider Education CityMD (New York, NY)

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

Joseph L. Bianculli Partner HealthCare Lawyers, PLC (Arlington, VA)

Our virtual conferences are the same conferences you have come to expect in person but transformed to a virtual format. The new virtual conference delivers the same access to a community of industry leaders we have spent decades building and nurturing. We invite you to be part of this community.

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

Michael J. Brendel Assistant Vice President, Specialty Claims Sedgwick (New York, NY) Dennis (DJ) Cook Chief Liability Officer Ironshore (Boston, MA) Glenn D. Fox Executive Vice President – Legal, Compliance and Risk Management ACTS Retirement– Life Communities, Inc. (Fort Washington, PA)

linkedin: ACI Healthcare: Legal, Regulatory, and Compliance

Jason Lewis President CRC Wholesale Group (Greenwood Village, CO) Tania Maestas Chief Deputy New Mexico Attorney General’s Office Rob Marshall Senior Vice President Willis Towers Watson (New York, NY) Shane M. Riccio Producer, Health and Human Services The Graham Company (New York, NY) Lori Semlies Attorney at Law Wilson Elser Moskowitz Edelman & Dicker LLP Andrew T. Sheeley Partner Sheeley LLP (New York, NY) John Snader CEO Brethren Village (Lancaster, PA) Mollie E. Werwas Member Kopon Airdo, LLC (Chicago, IL)

February 2, 2021 (EST) 8:30 AM

Opening Remarks from The Co-Chairs

MICROPHONE Minton P. Mayer, Co-managing Partner, Quintairos,

Prieto, Wood & Boyer, P.A. (Memphis and Nashville, TN)

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

9:30 AM

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

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

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

Joseph L. Bianculli, Partner, HealthCare Lawyers, PLC (Arlington, VA)

Jason Lewis, President, CRC Wholesale Group (Greenwood Village, CO)

• 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

12:00 PM EST / 1:1 Networking / Lunch

Princeton, MedPro (Princeton, NJ)

8:45 AM

MICROPHONE Andrew T. Sheeley, Partner, Sheeley LLP (New York, NY)

• 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

Drew Graham, Partner, Hall Booth Smith, PC (New York, NY) Lori Semlies, Partner, Wilson Elser Moskowitz Edelman & Dicker LLP (White Plains, NY)

• 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 10:30 AM / Morning Break 11:00 AM

Class Action Think Tank: Analysis of Recent Class Actions

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

Mollie E. Werwas, Member, 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

AmericanConference.com/LTCLiability • 888 224 2480

1:00 PM

Enforcement Risks for Long-Term Care and Senior Care Providers Resulting from the COVID-19 Pandemic

MICROPHONE Neville M. Bilimoria, Partner, Duane Morris LLP

Lori Kalani, Co-Chair, State Attorneys General, Cozen O’Connor (Washington, DC) Tania Maestas, Chief Deputy, New Mexico Attorney General’s Office

• 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 2:00 PM

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

Part of ACI’s LIFE SCIENCES GLOBAL SERIES

2:30 PM / Afternoon Break

4:00 PM

3:00 PM

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

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

MICROPHONE Caroline J. Berdzik, Partner and Chair of Healthcare

and Employment and Labor Practice Groups, Goldberg Segalla LLP (Princeton, NJ)

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

Rob Marshall, Senior Vice President, Willis Towers Watson (New York, NY)

Michael J. Brendel, Assistant Vice President, Specialty Claims, Sedgwick (New York, NY) Frank Illuzzii, MD, EVP, Director of Quality & Provider Education, CityMD (New York, NY)

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 guidances

David F. Beach (Max), Partner, Perry, Johnson, Anderson, Miller & Moskowitz LLP (Santa Rosa, CA)

• 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

• Memory Care Facilities

MICROPHONE Dennis (DJ) Cook, Chief Liability Officer, Ironshore

DOCUMENTATION

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

John Snader, CEO, Brethren Village (Lancaster, PA)

(Boston, MA)

• Analyzing agile and effective record keeping compliance program

• 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

• 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 5:30 PM / End of Conference

 Join Our Email List to Stay Connected

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• Skilled Nursing Homes

4:45 PM

• Updating timelines daily to document fluidity in responding to evolving guidance

• Developing lists and keeping checklists of all applicable activity to demonstrate the highest standards of care

Angle-Right In-House Counsel for Long Term Care facilities including:

• Assisted Living Residences

• Examining infection prevention response plans pre- and postCOVID to demonstrate compliance with existing guidelines

• Writing it all down: understanding the profound importance of documentation and why it is the key to a successful defense in the LTC arena

Who Should Attend

• 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

• Complying with federal and state mandated transparency and notification requirements

Users

linkedin: ACI Healthcare: Legal, Regulatory, and Compliance

• Hospitals and Healthcare Systems Angle-Right Long Term Care facility VPs Angle-Right Insurance carriers for Long Term Care facilities Angle-Right Litigation attorneys specializing in Long Term Care defense Angle-Right Risk management attorneys and Professionals

C5 GROUPâ&#x20AC;&#x2122;S VIRTUAL EVENTS

Join Us Virtually this February! As the current global situation continues to unfold, we understand that it may not be possible to attend our events in person. At the same time, we also understand that collaboration is more vital than ever and for that, you can still rely on ACI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise. Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.

Participate in Meaningful Networking Enjoy an Easy to Use, Dynamic Online Platform Immerse Yourself in Live Presentations and Panel Discussions Engage with Attendees and Speakers in an Interactive Format Meet 1-on-1 with Your Fellow Attendees For more information and answers to many of your questions, please visit:

AmericanConference.com/LTCLiability

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