2022 DRI Senior Living & Long-Term Care Litigation

September 7–9, 2022 | Nashville, Tennessee

Senior Living Long Term Care

Network with Colleagues in Nashville!

Don’t miss a beat in Music City! Join us in the heart of downtown Nashville for the 2022 DRI Senior Living and Long-Term Care Litigation Seminar, September 7–9, at the Omni Nashville Hotel. The annual seminar includes two days of learning and networking for healthcare providers, defense attorneys, in-house counsel, claims specialists, insurance brokers and other professionals involved in the defense of senior housing providers across the country. Not only will the seminar cover the latest topics and trends affecting the senior living industry, but also this year’s seminar will hit the right note with numerous networking opportunities such as: First Timers/Young Lawyers networking reception, three networking receptions (one of which is an off-site event at Ole Smoky), dine-arounds, Women in the Law Lunch (open to all), DRI Cares service project, and DRI for Life yoga session.

View registration information here, and make sure to register by July 25 for the best pricing!

What You Will Learn:

  • Emerging issues, challenges, and trends facing our industry, including COVID-19 litigation and class action and ADA claims
  • Practical tips, suggestions, and defense strategies on how senior living communities can address the staffing crisis and anticipated new CMS guidance
  • The nuts and bolts of defending 30(b)(6) depositions
  • The latest legal and technical arguments for responding to requests for audit trail information
  • COVID-19 outcomes and prevention for the long-term care population from the perspective of an infectious disease specialist

Expand Your Network By:

  • Meeting other young lawyers and/or first-time attendees at the First Timers/YL welcome reception
  • Attending the Premier Networking Event at Ole Smoky
  • Taking advantage of other opportunities to connect and collaborate, including: dine-arounds, networking receptions, and the Women in the Law Lunch

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Thank You to DRI's Medical Liability and Health Care Law Committee Leadership

Jennifer L. Strange
Jennifer L. Strange
Program Chair
Ashley S. Heslop
Ashley S. Heslop
Program Vice Chair
Laura D. Eschleman
Laura D. Eschleman
Committee Chair
Erika Amarante
Erika L. Amarante
Committee Vice Chair
Ted J. McDonald
Ted J. McDonald
Law Institute

Join the Medical Liability and Health Care Law Committee

Registration Information

EARLY REGISTRATION*
DRI Member Pricing: $1,095
Non-Member Pricing: $1,395

REGULAR REGISTRATION*
DRI Member Pricing: $1,395
Non-Member Pricing: $1,695

GOVERNMENT MEMBER
Early Bird Pricing: $695
Regular Pricing: $995

Register by July 25, 2022 to receive the early registration rate.

*If your membership recently lapsed, please renew your membership prior to registering to ensure you receive your discounted member rate. If you would like to join DRI to receive the member pricing and see the benefits of becoming a member, click here to go to the Application page.

GROUP REGISTRATION (Non-Sponsor)**
Pricing: $995 per person

**Group registration is for registering 5 or more attendees, members and non-members. There is one free registration with every 10 registrations. You must lock in the rate three weeks prior to the seminar. If you want to register for the group pricing, please send an email to rstiner@dri.org (online registration is not available for this offering).

Register Now

Networking Events

Premier Networking Event at Ole Smoky

Sponsored by: Dechert LLP, Greenberg Traurig LLP, Hall Booth Smith, Nelson Mullins Riley & Scarborough LLP, Nutter McClennen & Fish LLP, Tucker Ellis LLP, Ulmer & Berne LLP, Venable LLP

Date: Thursday, September 8 from 6:30–9:00 p.m.
Pricing: Free when you register for the seminar (guest tickets available at check-out)
Location: Ole Smoky, 423 6th Avenue S, Nashville, TN

Join both the Drug & Medical Device and Senior Living & Long-Term Care Seminars to reconnect with your DRI friends Thursday evening for a networking event that will be held at Ole Smoky. Food and adult beverages will be served and is only a four-minute walk from the hotel!

Agenda with Speakers

*Schedule and Speakers subject to change

Wednesday, September 7, 2022

Time (Central) Session Description

DRI Cares Community Service

Click here for more details about Alive Hospice.
5:00 p.m. Registration
5:30 p.m. First Timer and Young Lawyer Networking Reception
6:00 p.m. Networking Reception
7:30 p.m. Dine-Arounds

Join colleagues and friends at selected restaurants for dinner (on your own). Electronic sign-up information will be sent to registered attendees in advance of the seminar.

Thursday, September 8, 2022

Time (Central) Session Description
7:00 a.m. Registration and Continental Breakfast
8:00 a.m. Welcome and Introduction

Ted McDonald, McDonald Veon PA, Overland Park, KS
Jennifer Strange, Eskenazi Health, Indianapolis, IN
8:15 a.m. Post-COVID Headwinds: An Overview of Senior Living and Long-Term Care Challenges

COVID-19 has changed the landscape for the senior living and nursing home industry. Our panel of insiders will discuss emerging issues, challenges, and trends that our industry faces and that are likely to dominate the next several years. This session will cover topics such as recently announced federal nursing home reform initiatives and the impact it may have on senior living, claim trends, navigating a challenging media landscape and public sympathies, and how staffing challenges will affect multiple areas.

Tara Clayton, Marsh, Chicago, IL
Christopher C. Puri, Bradley, Nashville, TN
Reina Reddish, THCA/TCAL, Brentwood, TN
9:05 a.m. Stay 6 Feet Ahead of Opposing Counsel: A Nationwide Update on COVID-19 Litigation Trends and Practice Strategies to Combat Them

This session will provide an update on COVID-19 litigation trends employed by opposing counsel this past year coupled with an analysis of which defense tactics proved most successful in responding to these trends. Discussion will highlight successful motion practice, trial strategies, and key developments with immunity statutes to provide a comprehensive playbook on the best strategies by jurisdiction. This session will also provide an update on the regulatory issues that were most frequently intertwined with COVID-19 litigation this past year and a discussion of how these issues were best managed by litigators to mitigate the overall impact on the case. Finally, this session will conclude with predictions on where these trends are headed to help the industry and practitioners stay 6 feet ahead of these threats!

Robin N. Khanal, Quintairos, Prieto, Wood & Boyer, P.A., Orlando, FL
Karen M. Shimonsky, Quintairos, Prieto, Wood & Boyer, P.A., Denver, CO
9:55 a.m. Refreshment Break
10:15 a.m. Issues, Considerations, and Defense Strategies for Dealing with the Staffing Crisis

Long-term care facilities across the country have lost more than 400,000 caregivers since the beginning of the COVID-19 pandemic. While staffing issues have been a longstanding challenge for our industry, the pandemic has only exacerbated the situation. This session will discuss current and evolving staffing regulations, the impact of COVID-19 on the healthcare workforce and discuss issues, considerations, and strategies for dealing with the staffing crisis, including retention, continuity of care, vaccination mandates, and how staffing issues, such as engagement of agency nurses, can impact defense evaluations and strategy.

Lynn Fieldhouse, Signature Healthcare, Louisville, KY
Drew Graham, Hall Booth Smith, P.C., New York, NY
11:05 a.m. Health System Improvement – How Downstream Insights Inform Upstream Care

This experienced nurse consultant will discuss how defense attorneys and providers can use our "lessons learned" in litigation (downstream intelligence) to help the organization evaluate the reliability of their systems upstream and proactively identify and respond to areas of concern, thus improving the delivery of care/outcomes and (hopefully) mitigating risk for future litigation.

Alicia Davis, RN, LNCC, Med Law Advisory Partners, Nashville, TN
11:55 a.m. Lunch (On your own)
12:00 p.m. Women in the Law Lunch (RSVP required - Open to All)

Please join us at Martin’s Bar-B-Que Joint, 410 4th Avenue South. Martin’s is within walking distance of the hotel. This event is limited to 50 people.

Email Megan.Lira@heplerbroom.com to secure your spot today.
1:40 p.m. Battling Hydra, The 9-Headed Monster: Understanding Today’s Class Action and Multi-Facility Litigation Trends

This session will examine recent class action cases and multi-facility litigation against the senior care industry. Topics to be covered include class actions alleging a corporate pattern of understaffing and ADA claims for residents aging in place; “Tester” lawsuits asserting fair housing and ADA discrimination claims by potential deaf residents who need ASL interpretation; wage and hour claims; and privacy law violations in the biometric data front. In addition to addressing trends in recent class actions and multi-facility litigations, this session will provide recommended risk mitigation strategies.

Sunny J. Thompson, Snell & Wilmer, Washington, D.C.
2:30 p.m. COVID-19 Transmission Risks in Long-Term Care Facilities

This session will look back and a look forward at the COVID-19 pandemic through the eyes of an infectious disease specialist, with a focus on transmission risks and infection prevention strategies in long-term care facilities. Dr. Amy Ray will define COVID-19 exposure, the risk of transmission following exposure, and the importance of early testing to capture infection. Her emphasis will be on prevention and recognition of facility-acquired acute COVID-19.

Amy J. Ray, M.D., MetroHealth, Cleveland, OH
3:20 p.m. Refreshment Break
3:40 p.m. Defending 30(b)(6) Depositions: Goals, Strategies and Tactics

With the Plaintiffs bar ramping up claims of corporate abuses, it’s more important than ever that we understand the nuts and bolts of preparing and presenting corporate witnesses for depositions in senior living cases. This session will discuss how to select the 30(b)(6) person, how to prepare them, what traits make them effective, and finally how to get them to give full, complete, in context answers.

Michael A. Gross, CogentEdge, Albuquerque, NM
4:30 p.m. Adjourn
4:30 p.m. Medical Liability Committee Business Meeting (Open to All)
5:30 p.m. Networking Reception
6:30 p.m. Premier Networking Event at Ole Smoky
Sponsored by: Dechert LLP, Greenberg Traurig LLP, Hall Booth Smith, Nelson Mullins Riley & Scarborough LLP, Nutter McLennen & Fish PA, Tucker Ellis LLP, Ulmer & Berne LLP, Venable LLP

Click here for more details.

Friday, September 9, 2022

Time (Central) Session Description
6:30 a.m. DRI for Life Yoga Event (On-Site at the Omni)

Instructor/owner Linda Fenelon of NuPower Yoga & Barre in Nashville will lead the group through a 45-minute flow to kickstart the day.

Cost is $20 (price includes mat rental). A portion of the proceeds from the class fee benefits BeWell in School which teaches mindfulness and yoga to children in the school setting.

Register for DRI for Life Yoga Event
7:00 a.m. Registration and Continental Breakfast
8:00 a.m. Welcome and Announcements

Ashley S. Heslop, Hall Booth Smith, P.C., Mount Pleasant, SC
8:10 a.m. Legal and Technical Arguments to Manage, Explain and Defend Audit Trail Information

As most know, audit trail discovery has become the norm in medical malpractice cases, sometimes becoming the focus of the claim, rather than the medicine. Courts continue to decide novel audit trail issues as medical information systems advance and Plaintiff's attorneys become more knowledgeable and creative with their requests. With these changes, new discovery issues and arguments continue to emerge that were not considered previously. Learn the technical limitations and legal aspects of the audit trail from Dean F. Sittig, Ph.D. and Attorney Matthew P. Keris to formulate best audit trail practices that can limit liability exposure and work hours dedicated towards answering onerous discovery requests. The panel will discuss how defense counsel can go on the offensive and make Plaintiff’s counsel work (or even pay) for answering audit trail discovery requests. By attending this session, attendees will be armed with the latest defense arguments limiting intrusive discovery and preventing unnecessary expenses for information that may not be relevant to the claim.

Matthew P. Keris, Marshall Dennehey, Scranton, PA
Dean F. Sittig, Ph.D., UTHealth School of Biomedical Informatics, Houston, TX
9:00 a.m. Appreciative Inquiry: The Neuroscience of Persuasion

Recent brain science discoveries have both validated and challenged traditional notions of the “art” of persuasion. Helping people “change their minds” is the essence of the skill set of great negotiators and mediators. This skill set does not reside in our experiential memory (fast thinking) until it is practiced and new neuropathways of thought are created cognitively (“slow thinking”). This session will bring to light the science of persuasion which is not intuitive, but learned over time and help you become a better negotiator.

Larry Bridgesmith, Legal Alignment, Nashville, TN
9:50 a.m. A View from the ER: How Communication Between ER Providers and LTC Providers Impacts Patient Care

An Emergency Medicine Physician will provide his perspective on the most common medical issues seen in ER admissions from LTC providers and share his perspective on how LTC providers can reduce the frequency and/or necessity of ER admissions. He will also discuss how effective communication between the LTC provider and ER provider can improve patient outcomes and avoid potential liability concerns.

Duane E. Harrison, M.D., TriStar Hendersonville Medical Center, Hendersonville, TN
10:40 a.m. Refreshment Break
11:00 a.m. Harmonizing Client and Carrier Expectations to Avoid Singing the Blues

This session will involve a practical discussion about expectations from the client/provider perspective regarding timelines, reporting, work product, and tips for handling claims. This session will also explore how the claims process and expectations have changed as a result of COVID-19, as well as potential coverage issues.

Moderator
Whitney Horak, Quintairos, Prieto, Wood & Boyer, P.A., Memphis, TN

Olga Kats-Chalfant, MedPro Group, Princeton, NJ
Katie Martin, Trilogy Health Services, LLC, Louisville, KY
Marcie Stacks, RN, MSN, MedPro Group, Nashville, TN
11:50 a.m. Before You Slide into the DM’s: Understanding Ethical Pitfalls of Social Media Investigation

The Rules of Professional Conduct apply to investigation of a litigant’s social media, and to any third party a lawyer retains to assist with investigation. Social media content can be highly valuable evidence, but it must be accessed ethically. This presentation will address the implicated Rules of Professional Conduct when it comes to a resident or resident family’s social media and offer guidance and tips on accessing and preserving online content to ensure that it can be used effectively in litigation and trial.

Katherine Otto, Messner Reeves, LLP, Denver, CO
12:40 p.m. Adjourn

On Demand

NEW in 2022 – 4 Additional On-Demand Programs Included With Every Seminar!

CLE Credit will be sought from every state requiring CLE hours in elimination of bias/diversity and inclusion, ethics, substance abuse/mental health and law practice management. The CLE grid will provide updated information concerning which courses have been approved by which states and for which credits. For states not requiring these special credits, general education credits will be sought.

Diversity/Elimination of Bias in the Profession

Batson v. Kentucky and its progeny were meant to eliminate bias in jury selection. But has that happened? This program will address that question and discuss issues of bias in the courtroom more broadly and will challenge viewers to recognize their own biases and to learn how those biases could affect their assessment of potential jurors, witnesses, judges, and adversaries. The program also will provide viewers with skills on how to identify the biases of potential jurors and how those biases could come into play during deliberations.

Stacy Douglas, Everett Dorey LLP, Irvine, CA
Gary Howard, Bradley, Birmingham, AL

Ethics

Investigating claims and lawsuits often requires interviews with employees. Corporate in-house attorneys and their outside counsel need to be able to identify potential conflicts of interest and confidentiality issues with employees who may leave their employment and become opposing counsel’s best witness.

Kristie S. Crawford, Brown & James, Springfield, MO
Lauren Buford, Walgreen Co., Deerfield, Illinois 60015.

Mental Health & Attorney Wellness

Study after study suggests that lawyers aren’t happy. Continued unhappiness impacts performance, relationships, and physical health. That’s the bad news. The good news is that research proven interventions exist that increase happiness without requiring a radical change in circumstances. Even a slight increase in happiness has a lasting impact on both your current performance and resilience, not to mention, happier just feels better. This program will quickly, efficiently, and practically explain why happiness matters and offer tools you can use today to work, lead, and live happier.

Rebecca Morrison, Aldie VA

Law Practice Management

Law firms must operate more efficiently to ensure they can deliver high quality services, handle more volume and maintain a profit margin in today’s climate of rate pressure and rising costs. Understanding Key Performance Indicators and law firm analytics concerning financial, operational and client service data are key to mastering law firm performance management. This presentation will address methods to collect information necessary for evaluating key areas of performance, identify tools and techniques to analyze data and generate action items and more.

Brian Kennel, PerformLaw, New Orleans, LA
Jan Sander, PerformLaw, New Orleans, LA
Sean Kennel, PerformLaw, New Orleans, LA

Hotel and Travel Information

A limited number of discounted hotel rooms have been made available at the Omni Nashville Hotel, 250 5th Avenue South, Nashville, TN 37203. Take advantage of the group rate of $278.00 Single/Double in one of two ways:

The hotel block is limited and rooms and rates are available on a first-come, first-served basis. You must make reservations by August 4, 2022 to be eligible for the hotel’s group rate. Requests for reservations made after that date are subject to room and rate availability. A small portion of your room rate offsets the costs of the seminar.

Travel Discounts: DRI is pleased to announce that discounted air fares are available on various major air carriers for DRI seminar attendees. To receive these discounts, please contact Direct Travel Ltd., DRI’s official travel provider, at 800.840.0908. If you would like to have access to the DRI online travel booking tool, you must complete a Business Travel Profile form at www.dt.com. Within 24 business hours, you will receive information on accessing the system.

CLE Information

Earn up to 10.25 hours of continuing legal education hours, including 1 hour of ethics credit from this seminar.

Senior Living CLE Grid (PDF)

Sponsors

DRI's Senior Living and Long-Term Care Litigation seminar is proudly sponsored by:

Excelas
Hat Law Hagwood and Tipton H|B|S Hall Booth Smith, P.C. Attorneys at Law
Hurwitz & Fine P.C. Attorneys at Law
LT Lewis Thomason
Litchfield Cavo LLP Attorneys at Law McDonald Veon A Professional Association QPWB Quintairos, Prieto, Wood & Boyer P.A. Attorneys at Law

If you would like to contact DRI about seminar sponsorship opportunities, including pricing, or to reserve a spot, please go to Advertising and Sponsorship.

DRI Cares

AliveDRI is honored to partner with Alive Hospice, founded in 1975 as the third hospice in the country. Founders Dr. John Flexner and Dr. David Barton are now members of the Tennessee Healthcare Hall of Fame for their pioneering contributions to end-of-life care. Today, Alive Hospice is a 501(c)(3) charitable nonprofit, serving numerous counties in middle Tennessee, including the Nashville area.

As the only nonprofit hospice in the region, Alive Hospice helps families stay solvent, support community memorial services, grief counseling, and end of life education through the generosity of donors, with numerous ways to give.

To contribute, please visit Alive Hospice’s website and mention DRI Cares.

Alive Hospice is also an AmazonSmile partner. Please consider designating Alive Hospice as your non-profit of choice when placing your next Amazon order.

Event Terms

Read the Event Terms including DRI’s Cancellation and Refund Policy

In-House Counsel and Claims Executives Initiatives

Read the In-House Counsel and Claims Executives Initiatives for DRI Seminars

Contact Us

If you have any questions or concerns regarding DRI programs, please contact DRI Customer Service at 312.795.1101 or custservice@dri.org.