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2018 Davis Brown Spring Seminar

Featuring health and employment law sessions
Thursday, April 5, 2018

Thank you for attending the 2018 Spring Seminar. Certificates of attendance are now available for those seeking continuing education credits.

Full Day Live Seminar Health Law Sessions Employment Law Sessions Live Webinar

Health law session check-in begins at 9:00 a.m. with a light breakfast provided

Health law presentations: 9:30-11:20 a.m.

Afternoon session check-in begins at 11:00 a.m. (morning attendees do not need to check in again)

Lunch and keynote presentation: 11:30 a.m.-12:45 p.m.

Employment law presentations: 1:00-4:00 p.m.

Please extend this invitation to employees, team members, officers, and directors at your organization that may also benefit from attending.

Davis Brown presenting attorneys: Lynn Boes, Michele Brott, Lori Chesser, Sarah Crane, Kelsey Crosse, Luke Draisey, Susan Freed, Maggie Hanson, Becky Knutson, Abhay Nadipuram, Craig Sieverding, Deborah Tharnish, Ken Watkins, Jo Ellen Whitney

Health Law Presentations

9:30-10:20 a.m.

Drunk and Disorderly - How to Respond (or Not Respond) to Drug Diversion Issues | Craig O. Sieverding & Jo Ellen Whitney

This is an interactive session which will focus on triggers and methods for drug diversion, including scenarios faced by many hospitals, and facility response requirements. Jo Ellen will:

  • Identify common work-based signals of drug diversion or abuse in hospitals.
  • Discuss ethical and legal obligations for reporting and management of impaired provider issues.
  • Describe employment issues and legal concerns in this area.

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Long-Term Care - What You Need to Know About New Rule Changes | Ken R. Watkins

Recent changes by CMS to federal nursing facility regulations as well as changes to federal remedy impositions continue to impact certified nursing facilities. This session will cover significant changes to enforcement remedies, trends in enforcement, effects on state enforcement, and strategies related to maintaining compliance.

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10:30-11:20 a.m.

Patients in Limbo - Awaiting Patient Placement | Susan J. Freed & Jo Ellen Whitney

Hospitals across Iowa routinely care for patients awaiting placement in more appropriate care settings, including patients requiring inpatient mental health treatment or long-term care.  In fortunate situations, the patients are placed within a matter of days. However, all too frequently weeks or months will pass before an appropriate facility will accept the patient.  This session will explore the hospital's responsibilities during this process, potential payment sources, and best practices.

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Ongoing Growing Pains: Payment and Other Recurring Issues with MCOs in the Iowa Health Link Program | Craig O. Sieverding & Lynn Böes

Two years removed from the transition from traditional Medicaid to managed care, the Iowa Health Link program is still undergoing the proverbial "growing pains." An MCO left the program, another may join, and existing MCOs are still presenting administrative and other hurdles to providers interested in being authorized for and being paid for medically necessary care. Two years' worth of disputes and recent litigation on these issues has clarified some of the uncertainty.

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Keynote presentation

11:30 a.m.-12:45 p.m. (lunch provided)

Sustainability from Field to Fork: Human, Environmental, and Financial | Kathy Eckhouse

Kathy Eckhouse and her husband, Herb, own La Quercia, an Iowa-based company making high quality, American artisan dry cured meats. Kathy will discuss the history of the company, their processes, and the health and environmental issues they face.  She will also discuss issues of employee benefits, health care, and the impact of the national discussion on immigration on their company.

Employment Law Presentations

1:00-1:50 p.m.

Sexual Harassment in the Workplace | Margaret A. Hanson

In the last year, a national discussion about sexual harassment has developed - with the cultural movements #MeToo, #TimesUp, and more victims speaking out than ever before. This presentation will address what this movement means to employers: how to write policies, address issues, and avoid litigation.

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Employee Termination Risks: Waivers and Reductions in Force | Sarah E. Crane & Deborah M. Tharnish

Employers frequently enter severance agreements or waivers with terminated employees, particularly when the termination takes place as part of a reduction in force. This session will explore how to reduce additional risk by considering potential employment claims in reductions in force or termination decisions. This session will also focus on effective severance agreements that comply with the applicable employment laws, with particular focus on the Older Worker Benefit Protection Act and the additional disclosures required by this law.

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Someone's Knocking at the Door: Are you Ready for Increased Immigration Compliance? | Lori T. Chesser

As predicted, this year Immigration and Customs Enforcement (ICE) has focused on enforcement and increased its worksite visits. This session will cover a spectrum of things to consider - training, employee rights, audits, specific state rules, and processes under this new enforcement regime. You will learn more about protocols for:

  • An ICE encounter - "normal" Notice of Inspection, "raid"-type encounter, ICE looking for a particular employee, H-1B or L-1 inspection encounter
  • Responding to state or local law enforcement requests for I-9 or other immigration documents

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2:00-2:50 p.m.

Old Dogs Can Learn New Tricks - Like Filing with the ICRC | Jo Ellen Whitney

Age discrimination claims are on the rise as employees work longer and workforce changes come faster with each new technical development and funding stream revision. This session will focus on common issues in age discrimination claims, legal black holes with certain classes of employees, and investigation and communication techniques when age is at issue.

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Mistakes that Cause Lawsuits | Michele L. (Warnock) Brott

An overview of common missteps and a discussion of the risks that arise from them, including a discussion of how to minimize lawsuit exposure.

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National Labor Relations Board Update | Becky S. Knutson 

At the end of 2017, the National Labor Relations Board overturned two Obama-era decisions that favored employee rights over reasonable business decisions. This session will cover how the NLRB decision potentially affects employer policies and the definition of joint employers.

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3:00-3:50 p.m.

Reasonable Accommodation or a Request for Five Star Amenities? Understanding Your Obligations Under the ADA | Kelsey K. Crosse

Evaluating an employee's request for a workplace accommodation can be extremely challenging. This session is designed to help you tackle that process. We will discuss what factors courts analyze to assess whether an accommodation is reasonable and how to respond to requests for accommodations such as indefinite leave, mental health concerns, telecommuting, medicinal marijuana, and pregnancy-related leave. We will also evaluate what the EEOC has to say about wellness programs in the workplace, best practices for avoiding disability discrimination claims, and whether the ADA extends to independent contractors and volunteers.

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Workers' Compensation: How to Avoid Bad Faith Claims | Sarah E. Crane & Lucas B. Draisey

Bad faith claims can arise at any point during a workers' compensation claim. Learn how you as an employer can work independently and with your insurance carrier to properly investigate, evaluate, and administer workers' compensation benefits to prevent bad faith claims from arising in the first place. We will discuss claim handling procedures, relying on the advice of legal counsel, and strategies to prevent and defend bad faith claims.

Employee Recruiting: You Can't Always Get What You Want | Abhay M. Nadipuram & Jo Ellen Whitney

All employers have personal preferences when it comes to who they want to hire. But important federal and state laws prohibit employers from asking certain questions or obtaining certain information during the hiring process. Learn about what you can and can't ask a candidate during the hiring process. Because, sometimes, you can't always get what you want.

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