Program Join us in Houston on May 2, 2014 for the 2nd Annual Litigation Risk and Defense Strategies for Long Term Care & Assisted Living Providers, Insurers and Brokers.
2 ND MAY ROYAL SONESTA HOTEL HOUSTON
JOIN US FOR THE 2 ND ANNUAL LTC & ALF RISK MANAGEMENT CONFERENCE COWAN & LEMMON, L.L.P. HOSTS EBANKS HORNE ROTA MOOS, LLP HAGWOOD ADELMAN TIPTON, PC KAUFMAN BORGEEST & RYAN, LLP Join us in Houston May 2, 2014 as legal, clinical and insurance experts, providers and defense counsel gather for the 2nd Annual Litigation Risk and Defense Strategies for Long Term Care & Assisted Living Providers, Insurers and Brokers Conference. This year s conference will provide strategies, tools, and insight to managing risks in long-term care and assisted living facility and education related to the current insurance markets. In addition to professional educational sessions, opportunities for networking and entertainment will be offered.
location & transportation CONFERENCE LOCATION AND TRANSPORTATION This year s conference will take place at the Royal Sonesta Hotel located in the heart of the Galleria area in Houston, Texas. The newly renovated AAA rated Four Diamond property is in the shopping, dining and entertainment hub of Uptown Houston and is conveniently positioned near key destinations including Downtown, the Texas Medical Center, the Museum and Theater Districts, Montrose/ Midtown, Reliant Park and the Energy Corridor. FEATURES 24-hour health club Outdoor swimming pool (5th floor) 24-hour in-room dining Concierge Business Center Complimentary shuttle (3 mile radius, based on availability) High-speed internet access 50,000 square feet of meeting and event space 2222 WEST LOOP SOUTH HOUSTON, TX 77027 713-627-7600
registration & continuing education CONFERENCE PRICING AND DEADLINE INFORMATION The Litigation Risk and Defense Strategies for Long Term Care & Assisted Living Providers, Insurers and Brokers Conference will be held on Friday May 2, 2014 in Houston, Texas. This year s conference will bring together legal, clinical and insurance experts, providers and defense counsel allowing creating opportunities and diverse perspectives to managing risks in long-term care and assisted living. This educational conference is offered at no charge. The deadline to register is April 25, 2014. CONTINUING EDUCATION CREDITS The conference has applied to National Association of Long Term Care Association Boards/National Continuing Education Review Services to award continuing education credits to Residential Care/ Assisted Living and Nursing Home Administrators. The conference has also applied to Care and Compliance Group, which is approved by the California Board of Registered Nursing, to award continuing education credits to Registered Nurses, Licensed Practical/Vocational Nurses, and other healthcare professionals CA BRN CEUs in accordance with their state requirements. REGISTER FOR CONFERENCE REGISTER FOR HOTEL
agenda-at-a-glance Thursday, May 1 Reception and Networking Friday, May 2 Welcome Breakfast and Registration Welcome Remarks Speaker Sessions Morning Break Speaker Session Lunch Speaker Sessions Sponsor Recognition Afternoon Break Speaker Sessions Closing Remarks 7:00 p.m. - 9:00p.m. 7:30 a.m. - 8:30 a.m. 8:30 a.m. - 8:45 a.m. 8:45 a.m. - 11:00 a.m. 11:00 a.m. - 11:15 a.m. 11:15 a.m. - 12:15 p.m. 12:15 p.m. - 1:15 p.m. 1:15 p.m. - 3:00 p.m. 2:45 p.m. - 3:00 p.m. 3:15 p.m. - 3:30 p.m. 3:30 p.m. - 5:15 p.m. 5:15 p.m. - 5:30 p.m. THURSDAY, MAY 1-7:00 p.m. - 9:00 p.m. RECEPTION AND NETWORKING Downtown Houston Join us for an evening together to reconnect and enjoy downtown Houston. More details coming soon. FRIDAY, MAY 2-7:30 a.m. - 8:30 a.m. WELCOME BREAKFAST AND REGISTRATION/CHECK -IN Balcony VI & VII Join us for breakfast and check-in for the conference. 8:30 a.m. - 8:45 a.m. WELCOME Champions Chastiti Horne, Ebanks Horne Rota Moos, LLP 8:45 a.m. - 10:00 a.m. FALLS, WOUNDS, AND LITIGATION DEFENSE STRATEGIES: A CASE STUDY Steven D. Weiner, Kaufman Borgeest & Ryan, LLP Carl Hagwood, Hagwood Adelman Tipton, PC Panel: J. Roslyn Lemmon, Cowan & Lemmon, L.L.P. Mr. Weiner and Mr. Hagwood will provide practical guidance and lessons learned from utilizing a case study involving a long term care facility and claims of various injuries as a result from multiple falls and skin conditions. This presentation will consider the best approaches to avoid and/or defend inconsistent risk assessments. This presentation is designed to allow the audience to understand how plaintiff s attorneys use the chart and testimony of caregivers to undermine the quality of care. Ms. Lemmon will moderate the discussion. 10:00 a.m. - 11:00 a.m. ON THE HORIZON IN LTC & ALF: OPERATIONS AND INSURANCE Rebecca Adelman, Hagwood Adelman Tipton, PC Rusty Hughes, CRC Insurance Services, Inc. Ms. Adelman and Mr. Hughes will discuss operations and insurance trends in LTC and ALF with a focus on regulations, ACA, electronic medical records, litigation risks and case studies. Topics will include healthcare reform, consumer preferences and demands, innovation and technology, and access/affordability and their impact on operations in the future. Insurance issues and market developments will also be discussed specific to the impact of state and federal regulations.
agenda-at-a-glance 11:00 a.m. - 11:15 a.m. Balcony VI & VII MORNING BREAK 3:15 p.m.. - 3:30 p.m. Balcony VI & VII AFTERNOON BREAK 11:15 a.m. - 12:15 p.m. REGULATORY UPDATES: HOW PROVIDERS CAN THRIVE TODAY AND BEYOND Tyler L. Kendall, Mary E. Bivins Foundation Mr. Kendall will educate the audience on current regulatory trends and how the facilities can work with government agencies. Tyler will discuss investigations, surveys and enforcement actions and how to prepare, respond and potentially object to negative findings. His presentation will focus on compliance and how to prevent a negative regulatory outcome. 12:15 p.m. - 1:15 p.m. Balcony VI & VII LUNCH 3:30 p.m.. - 4:15 p.m. EVALUATING THE LAWSUIT - MAKING THE RIGHT CHOICES Charlie C.H. Lee, Moore & Lee, LLP Chastiti N. Horne, Ebanks Horne Rota Moos, LLP Mr. Lee and Ms. Horne will discuss how to evaluate and prepare a LTC/ALF case from event through trial and beyond. The presentation will focus on early evaluation, venue choices, settlement negotiations and trial strategies. Mr. Lee and Ms. Horne will analyze the choices that the facility and attorneys are faced with during litigation such as: choice of counsel, handling media inquiries, discovery and witness preparation, alternative dispute resolution and beyond. 1:15 p.m. - 2:15 p.m. WOUND CARE AGING: IT TAKES A VILLAGE Champions Aimee D. Garcia, M.D. Panel: Thomas C. Cowan, Cowan & Lemmon, L.L.P. Dr. Garcia will provide an up-to-date comprehensive wound care summary for the population residing in long term care and assisted living facilities. Her presentation will focus on a multidisciplinary approach to caring for and treating pressure and other types of wounds. Dr. Garcia will discuss basic and advanced concepts for wound care treatment, clinical decisions to promote the best possible outcomes of wound treatment and how to relate to difficult and noncompliant patients. 2:15 p.m. - 3:00 p.m. TEAMWORK: THE ROLE OF MEDICAL DIRECTOR, NURSE PRACTITIONER AND FACILITY STAFF & THE EFFECT ON QUALITY OF CARE Donna Hamby, Geriatric Associates of America Ms. Hamby will discuss how unity in the facility creates a cohesive bond between the nursing staff, medical director and nurse practitioner. She will discuss each role and the effect on patient care and safety. Ms. Hamby will guide the audience through the advantages of having a strong team and what can happen when a communication breakdown occurs. Ms. Hamby will provide valuable information on how each member of the team can take a proactive role that culminates in a healthier, safer environment. 4:15 p.m. - 5:15 p.m. CYBER LIABILITY - THE EMERGING RISK IN HEALTHCARE Edward R. Noriega, Kaufman Borgeest & Ryan, LLP Tyler O Connor, CRC Insurance Services, Inc. Mr. O Connor will educate the audience regarding the current state and federal regulatory environment impacting long term care and assisted living providers as well as network security and privacy issues and exposures. Mr. Noriega will discuss what insurance coverage may respond to the issues and exposures presented by such laws, regulations and network/ privacy issues and will provide examples of how typical cyber liability coverage may respond to commonly occurring breaches or events. 5:15 p.m. - 5:30 p.m. CLOSING REMARKS Chastiti N. Horne, Ebanks Horne Rota Moos, LLP 3:00 p.m. - 3:15 p.m. Champions THANK YOU, SPONSORS
speakers AIMÉE D. GARCIA, M.D., C.W.S., F.A.C.C.W.S. Wound Care Clinic and Consult Service Dr. Aimee Garcia is an Associate Professor in the Department of Medicine, Geriatrics Section at Baylor College of Medicine and the Program Director for the Geriatric Medicine and Clinical Wound Care Fellowship Programs at Baylor College of Medicine. She is the Medical Director for the Wound Clinic and Consult Service at the Michael E. DeBakey VA Medical Center. Dr. Garcia is the immediate Past President of the National Pressure Ulcer Advisory Panel, and Past-Chair of the Public Policy Committee. She is also Past Chair of the American College of Certified Wound Care Specialists. Dr. Garcia is currently serving on the Board of Director s of St. Dominic Village Nursing Facility. L. CARL HAGWOOD Hagwood Adelman Tipton, PC Carl Hagwood is a shareholder and founding member of Hagwood Adelman Tipton, PC. With over 40 years of active medical malpractice and nursing home litigation experience, Mr. Hagwood is the senior litigator of the firm s Aging Services practice group. Mr. Hagwood has defended general casualty claims, medical malpractice claims against physicians and hospitals and medical negligence claims against nursing home and assisted living providers in Mississippi, Tennessee, Alabama, North Carolina, Colorado, and Florida. Mr. Hagwood and his trial team employ innovative approaches using multiple media visual technology in cases he has tried and as a result, he has given demonstrations of this technology to panel counsel members for leading medical malpractice insurers and at long term care panel counsel meetings. He is a frequent speaker to insurers, self-insured, lawyers, and medical professional on the topic of falls in the long term health care setting and the liability and risk issues involved. Mr. Hagwood is listed in The Best Lawyers in America since 1995 in the areas of Health Care Law and Medical Malpractice Law and Super Lawyers since 2009 in the area of Medical Malpractice Defense. His professional association memberships include Washington County Bar Association, American Bar Association, Mississippi State Bar, Alabama State Bar, Tennessee State Bar, North Carolina State Bar, Arkansas State Bar, American Society of Hospital Attorneys, Defense Research Institute, Mississippi Defense Lawyers Association, American Board of Trial Advocates, and the Mississippi Bar Foundation. He is admitted to practice law in five states including active trial experience in multiple states. Mr. Hagwood practices in the firm s Greenville, Mississippi office. CHARLIE C.H. LEE Moore & Lee, LLP Mr. Lee is a founding partner of Moore & Lee, LLP. and practices in all areas of litigation, specifically focusing in construction and long term healthcare law. Mr. Lee has vast and unique experience in representing healthcare and long term care institutions, including privately and publicly owned senior care providers and hospitals, acute care facilities, insurers, sureties, Real Estate Investment Trusts (REITs), investment and other private equity groups, developers, owners, and large scale general contractors. In addition to his litigation practice, Mr. Lee regularly counsels clients regarding policies and procedures for multi-layered national corporations, including effectively minimizing litigation risks. Mr. Lee also serves as an arbitrator on the Construction Panel and Sports Panel for the American Arbitration Association. Mr. Lee is listed in The Best Lawyers in America (2007-2013) and Super Lawyers, The Top Lawyers in Virginia (2006-2013), Super Lawyers, The Top Lawyers in Washington D.C. (2009-2013) and Super Lawyers, Corporate Counsel Edition.
speakers CHASTITI N. HORNE Ebanks Horne Rota Moos, LLP Ms. Horne is a partner in the Houston, Texas office of Ebanks Horne Rota Moos, LLP. Ms. Horne s practice focuses on the defense of nursing home and assisted living facilities. Ms. Horne regularly speaks on the subjects of long term care and assisted living facility litigation including administrative/regulatory issues. She is a member of Greater Houston Society of Healthcare Risk Management, Texas Assisted Living Association, Long Term Care Committee and Texas Association of Defense Counsel. Ms. Horne volunteers for Child Advocates, Inc. and was named Harris County Adult Volunteer of the Year in 2001 and received the 2012 Harris County Bench Bar Pro Bono Award. Ms. Horne was named a Super Lawyer by Texas Monthly in 2012 and was named a Texas Rising Star - Super Lawyer the past five years, in addition to being recognized in TIME Magazine s Salute to Women in Leadership (August 2008). Ms. Horne earned her undergraduate degree from Stephen F. Austin State University and her law degree from South Texas College of Law. DONNA HAMBY Geriatrics Associates of America, P.A. Ms. Hamby is an Acute Care Nurse Practitioner with 15 years of experience managing the complex clinical and nursing needs of residents in skilled and long-term care facilities. She received her Masters of Nursing from Vanderbilt University School of Nursing and is currently pursuing the Doctor of Nursing Practice degree from Texas Christian University. Ms. Hamby serves as Director of Clinical Services with Geriatric Associates of America, P.A. Her responsibilities include training for the Nurse Practitioners, transitioning the medical team into facilities, quality monitoring for the Practice, and consultation services to skilled and long-term care facilities. EDWARD R. NORIEGA Kaufman Borgeest & Ryan, LLP Mr. Noriega is a Partner at Kaufman Borgeest & Ryan LLP concentrating on insurance coverage matters, particularly in the area of Cyber Liability, Technology E&O, EPL D&O. He represents insurers in all aspects of claims handling and coverage issues relative to first-party and third-party Cyber Liability coverage and has experience handling Cyber Liability claims relative to health care providers and long term care facilities (as well as other industries). Mr. Noriega s extensive experience includes the drafting and evaluation of Cyber Liability policies as well as complex exposure assessments of first-party and third-party claims. J. ROSLYN LEMMON Cowan & Lemmon, L.L.P. Ms. Lemmon is a partner with Cowan & Lemmon, L.L.P. in Hahnville, Louisiana and her areas of practice include civil litigation involving long-term care liability, premises and products liability, automobile liability, medical devices, medical malpractice, construction industry liability, state and federal workers compensation, maritime law and employment law. She also serves as insurance company coverage counsel. Ms. Lemmon has lectured in the fields of medical malpractice, nursing malpractice, nursing home litigation and workers compensation. Ms. Lemmon has devoted a substantial portion of her practice to the defense of class action litigation involving breast implants, bone screws, explosions at petrol-chemical plants and long-term care. She has lectured in the fields of medical malpractice, nursing malpractice, nursing home litigation, government medical liens and workers' compensation. Ms. Lemmon is the author of several chapters in Nursing Home Litigation: Pretrial Practice and Trials, 2nd Edition and has successfully represented clients in state and federal courts throughout Louisiana.
speakers REBECCA ADELMAN Hagwood Adelman Tipton, PC Ms. Adelman is Shareholder of Hagwood Adelman Tipton, PC and practices in the Memphis, Tennessee office. She is a member of the Board of Directors and Executive Committee and serves as the firm s President. For over 20 years, Ms. Adelman has concentrated her practice in healthcare law and long term care and aging services and medical malpractice defense litigation. Ms. Adelman represents long term care providers and their insurers in the southeast region. She also provides medico-legal consulting services and educational programming. She is highly regarded for providing consulting services focused on formal, comprehensive expectations management programs, arbitration training programs, specialized facility admissions protocols, and crisis communication planning. She serves as legal advisor to the American Assisted Living Nurses Association and has been the legal contributor to the Nursing & Assisted Living Professional newsletter for several years. RUSTY HUGHES CRC Insurance Services, Inc. Mr. Hughes joined CRC Insurance Services in May of 1999. Prior to joining CRC he worked as an underwriter for two years after graduating from the University of South Alabama in 1997. He has 17 years experience in the insurance industry. Since joining CRC Rusty has served in many levels from Associate Broker to his current role of President of professional lines in Birmingham, AL. While his focus has been on the healthcare industry, he also oversees the placement of all professional liability coverage lines including, but not limited to: Directors & Officers Liability, Errors & Omissions, Employment Practices Liability and Fiduciary Liability. During his 15 year tenure at CRC he has played an instrumental role in growing the Birmingham professional liability book of business from $20,000,000 to over $113,000,000 today. In addition to production he has also trained and mentored new Professional Liability Brokers. Mr. Hughes has consistently been a top producer for CRC and remains committed to the growth of CRC professional lines. STEVEN D. WEINER Kaufman Borgeest & Ryan, LLP Mr. Weiner is a partner at Kaufman Borgeest & Ryan LLP in New York, New York and practices extensively in the defense and counsel of skilled and assisted living facilities. He is a 1982 graduate of St John s University School of Pharmacy and a licensed Pharmacist in the State of New York and thereafter obtained his J.D. in 1985 from St. John s University. He focuses his practice on the defense of medical professionals in medical malpractice and negligence actions, with a focus area in skilled nursing, assisted living, home care and ancillary services provided to the Aging. Mr. Weiner has monitored or directly defended in excess of 1000 cases throughout the United States concerning claims against long-term care providers, including taking many such matters to trial. He has served as national counsel for several prominent insurers in the long-term care industry, retained to audit the internal files of insurance companies who specialize in this area and has been an invited speaker at many seminars and before many facilities and healthcare organizations focused on aging services, including most recently speaking at the 2013 ASHRM Annual Conference and Convention.
speakers THOMAS C. COWAN Cowan & Lemmon, L.L.P. Mr. Cowan a partner with Cowan & Lemmon, L.L.P. in New Orleans, Louisiana practicing in the areas of professional liability and casualty law. In the field of healthcare, Mr. Cowan has defended long-term care facilities, emergency medicine physicians, psychiatrists, nurses, physical therapists, and internists. In the field of health care, he has defended long-term care facilities, emergency medicine physicians, psychiatrists, nurses, physical therapists, internists and other specialists. He has also defended numerous premises liability cases, construction companies and trucking companies. He has lectured on various health care topics and products liability matters. Mr. Cowan has drafted several bills in support of tort reform in the healthcare/long-term care industry and provided related testimony before numerous legislative committees. TYLER L. KENDALL Mary E. Bivins Foundation Mr. Kendall is a professional in the long-term aging services profession providing managerial oversight and leadership to private, for-profit and non-profit retirement communities over the past 15+ years. Mr. Kendall is a graduate of Southwest Texas State University (1998) with a Bachelor of Science in Health Professions with a major in Long Term Health Care Administration. Mr. Kendall is also a Licensed Nursing Facility Administrator in the State of Texas and served the Mary E. Bivins Foundation in various capacities over the past 14 years. As the Director of Health Services, Mr. Kendall oversees the operations of eldercare division of the Mary E. Bivins Foundation. Mr. Kendall has also volunteered his time as Board Members of the Better Business Bureau and Leading Age Texas for the majority of his career. He has a passion for seniors and a love for people. He currently resides in Amarillo, TX with his wife and two daughters. TYLER O CONNOR CRC Insurance Services, Inc. Mr. O Connor is a wholesale broker for CRC Insurance Services Inc. specializing in professional liability. He has helped lead his company's efforts to expand its presence and influence in the Cyber Security & Privacy Liability marketplace while speaking regularly to associations and retail organizations on the topic. He has twice served as faculty speaker at the American Conference Institute s Data Risk & Cyber Forum in New York City, and has lectured the American Association of Managing General Agents, NAPSLO & Troy University's E&S Insurance Symposium, and the Alabama Independent Insurance Agents Association on the topic of Network Security & Privacy Liability. Based in Birmingham Alabama he is a graduate of Auburn University and worked extensively in U.S. politics prior to joining CRC.
more details CONFERENCE LOCATION Royal Sonesta Hotel Houston 2222 West Loop South Houston, TX 77027 713 627 7600 CONFERENCE HOTEL AND RESERVATIONS Conference discounted hotel rooms have been made available at Royal Sonesta Hotel Houston, 2222 West loop South, Houston, Texas, 77027. For reservations, visit our conference hotel website or contact hotel reservations at 713-627- 7600. The hotel block is limited and reservations must be made no later than April 25, 2014 to be eligible for the group rate. Reserve your Hotel GETTING THERE George Bush Intercontinental Airport (IAH) Distance: 28 miles North to Hotel SuperShuttle Charge (one way): $27.00 William P. Hobby Airport (HOU) Distance: 16 miles South East to the hotel SuperShuttle Charge (one way): $24.00 ATTENDEE SUBSTITUTION If you have registered for the conference but cannot attend, please cancel your registration by emailing Jessica Suzore at jsuzore@hatlawfirm.com and register the new person online on the conference website. ATTIRE Business casual is the dress for the conference. TEMPERTURE The month of May in Houston is characterized by rising daily high temperatures, with daily highs increasing from 83 F to 89 F over the course of the month. Daily low temperatures range from 62 F to 69 F.
sponsors The Conference appreciates the generosity and support of our sponsors. Their generosity allows us to offer this educational conference at no charge to our attendees. Please help us thank them for their support - they help make the conference possible!
hosts At Cowan & Lemmon, we pride ourselves on being available for all of our clients' needs and for providing advice and litigation support in a cost-effective manner. The attorneys at Cowan & Lemmon have extensive experience in the courtroom and at all levels of litigation, which gives our clients a distinct advantage in both negotiations and trial. We take a straightforward approach when dealing with issues and concerns facing our clients and, in doing so, provide our clients with the finest quality of legal services in an aggressive, practical and efficient manner. At Ebanks Horne Rota Moos, LLP we solve problems for clients whether the issues are in or out of the courtroom. Our trial and appellate attorneys have extensive experience handling matters involving long term care and assisted living malpractice and consistently navigate our clients to solid results. In addition, we provide educational and risk management training to our clients and work side by side with them to reduce litigation risk. Our healthcare group frequently speaks on long term care and aging services issues on a local and national level. Hagwood Adelman Tipton, PC provides defense litigation and risk reduction consulting services to aging services and related providers regionally and nationally. With regional offices in Alabama, Mississippi, North Carolina and Tennessee, we serve clients nationally with growth plans to include Arkansas. The firm s Long-Term Care & Aging Services and Medical Malpractice groups provide transactional, risk-prevention, corporate operations and compliance services and assists healthcare providers to develop best practices for security and privacy concerns. Other thriving practices include Alternative Dispute Resolution, Construction Law, General/Local & Outside Counsel, General & Professional Liability, Long Term Care & Aging Services, Rental Purchase Law, Risk Management, as well as Worker s Compensation. With six offices and over one hundred lawyers, Kaufman Borgeest & Ryan LLP consistently delivers focused and effective legal services to its national and international clients. Our work product is clear and delivered on time. As a result, our clients proceed with confidence. KBR's experienced attorneys have earned national and international recognition as leaders in their respective fields. We have a passion for our work and an unshakable dedication to our clients' interests. We provide strong representation and build even stronger client relationships. Our unwavering dedication to total client satisfaction is the driving force behind our firm. It is our commitment to deliver high quality, cost-effective services to our clients.