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2019 Davis Brown Spring Seminar

Featuring health and employment law sessions
Thursday, March 28, 2019

Thank you for attending the 2019 Spring Seminar. Certificates of attendance are now available for those seeking continuing education credits. Please note, the activity numbers on these certificates are for Continuing Legal Education. For other types of credits, you will submit the certificate and agenda for post-activity approval. 

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

Health law presentations: 9:30 a.m.-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 p.m.-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, Lori Chesser, Luke Draisey, Susan Freed, Maggie Hanson, Shannon Holmberg, Becky Knutson, Holly Logan, Katelynn McCollough, Joni Ploeger, Craig Sieverding, Jo Ellen Whitney

Health Law Presentations

9:30-10:20 a.m.

Nope, I'm Not Gonna. When Patients Ignore the Rules | Jo Ellen Whitney

This interactive session will look at a wide variety of issues relating to every toddler's favorite word - NO, from refusing a blood draw to refusing to be discharged. Patient issues can take a variety of forms which include contraband, circumstances for patient searches as well as inappropriate conduct by family members. Participants will be able to identify common areas of concern as well as practical legal approaches to these issues.



Legal Developments in False Claims Act Litigation and Strategies to Minimize Risk | Lynn Böes & Craig O. Sieverding

This presentation will discuss the brief background of the False Claims Act, the Supreme Court's ruling on the materiality provision (Escobar decision), the current case pending before the US Supreme Court (Brookdale Senior Living) and implications for providers. It will discuss a recent Iowa Medicaid development and the steps providers may wish to consider to minimize risk, including strengthening compliance plans.


10:30-11:20 a.m.

Healthcare Facility Policies & Medical Marijuana | Susan J. Freed & Katelynn T. McCollough

Iowa health care providers face tough policy decisions in light of Iowa's new medical marijuana law. Because marijuana remains a Schedule I drug under federal law, individuals, including health care providers, risk penalties if they possess, prescribe, or facilitate the use of marijuana. This session will provide an overview of medical marijuana law and discuss challenges faced by providers in light of Iowa's new law, drafting policies to address medical marijuana products, and the potential impact of the 2018 Farm Bill.


Roundtable on Response to Critical Incidents | Lynn BöesHolly M. LoganCraig O. SieverdingJo Ellen Whitney

This session will work through the thought process of checking all the boxes, from licensure to reimbursement and reporting. We will look at three incidents many facilities face: drug diversion, lapsed license, dependent adult abuse.

Keynote presentation

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

The Price We Pay for Mental Health CareAngela Connolly, Polk County Board of Supervisors

Mental health issues touch every corner of our community without discrimination. We are all impacted by mental health issues at some point in our lives, whether it be a personal experience with anxiety or depression or learning to care for a loved one who has been diagnosed with a mental illness. Learning to navigate the mental health system is nearly impossible. These systems are not set up the way our healthcare systems are - treatment for mental health is fragmented and our state is creeping close to having critically too few treatment options available. But it feels like the tide is turning and that mental health is finally getting the attention it deserves even though funding is still lacking. Polk County has implemented many innovative ways to provide services without increasing costs but we need all corners of our community to respond to this need - including our employers. Mental health impacts our business community in many ways and leaders who understand those impacts will find ways to be part of the solution.

Employment Law Presentations

1:00-1:50 p.m.

Can I Have Your Credit Card PIN? Data Security Beyond HIPAA | Shannon M. Holmberg & Jo Ellen Whitney

In a world where we receive hundreds of robocalls and targeted scams (spear phishing) are a growing industry, employers need to be aware of their changing data privacy obligations. Various rules from California to Iowa have recently been revised to protect individual identity and have created new obligations for companies. This session looks at those changes and focuses on practical issues related to data privacy concerns.


Medical Marijuana and the Workplace | Katelynn T. McCollough

This session will explore Iowa's medical marijuana law and its effects on employers and workplace drug testing policies. During the presentation, we will discuss issues involving hiring, termination, and employer liability under both state and federal law.


Exploring the Interplay of the ADA and FMLA - Are you lost in the maze? | Margaret A. Hanson

When an employee is injured, needs ongoing medical care, or is otherwise unable to work as normal, they have the Americans with Disabilities Act and the Family and Medical Leave Act to protect their rights to certain accommodations. From an employer's perspective, these two federal regulations (and accompanying state laws), are a maze to work through. There are overlaps between the two, unclear definitions, and a whole host of documentation to confuse human resources professionals. In this presentation, we will look at the interaction between the two laws, and what to do when an employee requests FMLA leave and/or makes a request for an accommodation, how to assess a reasonable accommodation (and when it isn't, how to respond), and your responsibilities as an employer.


2:00-2:50 p.m.

Support Peacocks, Vaping, and a Bunch of Other Things You Never Thought You Would Have to Know - the changing landscape of employment law | Jo Ellen Whitney

This session will look at recent developments and trends in employment law including core issues such as does the ADA require leave in excess of the FMLA, incidental telecommuting, dress codes, and support animals.


Working with Administrative Agencies | Becky S. Knutson

The presentation will discuss the administrative agencies that an employer may have to deal with, what may lead to administrative involvement, the processes and procedures used by agencies, and the best practices for dealing with agencies.


Solutions to Hiring, Firing, and Discipline | Lucas B. Draisey

When you need to let an employee go, do you have a formal termination process? As you work to bring a new employee on board, do you think about the laws and regulations on hiring? This session will walk you through the steps of a discipline and termination process that will help mitigate risk of these decisions. We will also introduce best practices in hiring.


3:00-3:50 p.m.

Return To Work Issues In Workers' Compensation | Joni L. Ploeger

A discussion on an employer's obligations when it comes to returning an injured worker back to work, including payment of weekly benefits and offering accommodated work.



Immigration and Employment: An Update | Lori T. Chesser

Changes to processes, interpretations and enforcement priorities are coming thick and fast. Get the latest, and sort out rumor from reality. We will address best practices in employment verification, visa sponsorship, enforcement readiness, and whatever else the Administration throws at us. Bring your questions and hang on to your hats!


Harassment and Other Bad Behavior in the Workplace | Becky S. Knutson

The presentation will discuss sexual and other forms of discrimination and harassment, as well as other behaviors affecting the workplace that require employer intervention, management, and discipline.