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Political Action: Blue Print for Action on Behalf of Nurses

• Kathleen Gialanella, RN, JD, LLM, Kathleen M. Gialanella, Esq., P.C., Westfield, NJ 

• JoAnn Pietro, RN, JD, BA, Wahrenberger & Pietro, LLP, Springfield, NJ

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This program provides an overview of the current state of politics in the delivery of healthcare and nursing. Participants will be provided a review of the political process. They will gain an understanding of how to participate in advocate for nurses in the political arena. Participants will learn of actual political advocacy situation by nurse attorneys on behalf of nurses and be provided insight on how the participant can do this for nurses in their home state.

Learn Lessons from CIAs & Decode the Documentation Demands

• Kathleen A. Hessler, RN, JD, Simione Healthcare Consultants, Hamden, CT 

The Federal government recovered over three billion dollars from healthcare fraud settlements, judgments and fines in the fiscal year of 2014. In addition to the Settlement Agreements to pay back large sums of monies, many providers are required to execute a Corporate Integrity Agreement (CIA) with the government to avoid exclusion from Federal healthcare programs. These CIAs are informative in terms of government expectations of provider compliance programs. Further, the CIAs are instructive on physician and nursing clinical record documentation and billing requirements that place providers at risk for fraud or abusive practices. Sample CIAs will be provided and discussion about the contents will provide practice tips for attorneys to share with their provider clients and or to assist attorneys in negotiating with the government on behalf of their clients.

Handouts:

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INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND GARDEN STATE CARDIOVASCULAR SPECIALISTS D/B/A NJ MEDCARE/ NJ HEART, PREET RANDHAWA, M.D., AND JASJIT WALIA, M.D.

CORPORATE INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND COLUMBUS REGIONAL HEALTHCARE SYSTEM , INC., THE MEDICAL CENTER, INC. (INCLUDING JOHN B. AMOS CANCER CENTER) AND COLUMBUS AMBULATORY HEALTHCARE SERVICES, INC. (D/B/A COLUMBUS REGIONAL PHYSICIANS GROUP)

CORPORATE INTEGRITY AGREEMENT BETWEEN THE OFFICE OF INSPECTOR GENERAL OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND GOOD SHEPHERD HOSPICE, INC.

Practical Guidance for Health Care Governing Boards on Compliance Oversight

Avoiding Legal Malpractice and Bar Complaints

• Marc L. Bogutz, JD, Wilson Elser Moskowitz Edelman & Dicker, Philadelphia, PA

• Louis J. Isaacsohn, JD, Wilson Elser Moskowitz Edelman & Dicker, Philadelphia, PA

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The program will review a number of issues that give rise to legal malpractice actions and disciplinary complaints.  From choosing the right client, conflicts of interest and cyber exposure, this program offers sensible guidance to navigate the growing minefield in the practice of law.

Poster Sessions

• Regulatory and Policy Curriculum for Baccalaureate Nursing Students
  Tara Candela, RN, MSN, JD, Candela Law, PLLC, Alexandria, VA
  

There is a great need to educate new graduate BSN students regarding the regulatory aspects of nursing and health care. Many students are unfamiliar with the true implications of HIPAA, Core Measures, and Meaningful Use legislation (as just three examples).  This presentation presents the need for the inclusion of this material in Baccalaureate Nursing Education programs and suggests a number of ways the curriculum change could be implemented. 

• The Nurse Practice Act and Termination at Will
  Amanda N. Okolo, BSN, RN, JD, Roseman University of Health Sciences, Henderson, NV
  

Specifically, this presentation will demonstrate that the Nurse Practice Act (NPA) is a public policy exception to the employment-at-will doctrine  such that, “…an employee who has been discharged by an employer in violation of a clear mandate of public policy, has a cause of action against the employer for wrongful discharge.”  To protect the public at large, the NPA proscribes and regulates nursing practice, imposing disciplinary sanctions upon nurses who violate the Act, synonymous with the definition of “public policy.”   Most notably, a nurse who fails to zealously advocate for their patient, ignoring improper treatment of the patient, will risk disciple pursuant to the NPA.  As such, the use of the employment-at-will doctrine to terminate a nurse for questioning a patient’s care or advocating for the medical needs of their patient, will result in wrongful discharge of the nurse,  a legal cognizable injury to which the nurse may sustain a cause of action against the employer. 

• The Just Culture, Second Victimization and Clinician Support: An Educational/Awareness Program
  Shawna Butler, DNP, JD, RN, CPHRM, Saint Vincent Hospital, UMass Boston, Massachusetts General Hospital

A pilot of a small group of nurses from Massachusetts General Hospital in Boston was implemented regarding their knowledge of the just culture, second victimization and the need for institutional clinician support programs. A web based multi-modality educational program was provided. The Medically Induced Trauma Support Services’ (MITSS) toolkit for how to build a clinician support program was utilized to design the program.  Pre- and post-surveys were conducted. The findings revealed a need for further education and awareness in a larger sample size. This pilot served as a foundation for a future larger program.

• TAANA Takes Action
  Karen J. Halpern, RN, BSN, MSN, JD
  Ronnie McKinnon, RN, JD, CPHRM, CPSO, CPPS

TAANA is taking action to raise awareness about a proposed South Carolina Law referred to as "Samuel's Law" that would require revocation of a nurse's license for misreading a medication order resulting in an over/under medication administration . Additionally, this poster outlines the actions taken by TAANA to oppose this punitive legislation.

8:45 am - 12:00 pm
CE/CLE: 3.00

(break from 10:20 am-10:30 am)

So You Want to Appeal?  Show Me the Evidence.

• Teressa M. Sanzio, RN, MPA, JD, The Law Office of Teressa M. Sanzio, P.C., Phoenix, AZ
  

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This presentation will expound on the rules of evidence, which will enable lawyers to use the best tools of advocacy to persuade a judge and/or jury to reach a decision that is fair and rational.  This presentation will focus on relevant, admissible and inadmissible evidence, making a record for an appeal and avoiding waiver on appeal.  This presentation will also compare and contract the use and admission of evidence in civil, criminal and administrative proceedings.  Finally, this presentation will address applicable ABA Rules of Professional Conduct (ethics) specific to the presentation of evidence before any tribunal.

Institute of Safe Medicine Practices - The Expert Witness

• Judy Smetzer, RN, BSN, Institute for Safe Medication Practices, Horsham, PA
  

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This presentation will explain the mission and function of the Institute of Safe Medicine Practices; describe ISMP materials that have been used as evidence in Board of Nursing proceedings; and discuss the use of the ISMP for expert witness testimony.

Appealing Administrative Agency Actions: An Analysis of Court Challenges to Professional Licensing Boards

Keynote Address:  

The Changing World of Health Care:  How to Understand Its History, Core Legal Frameworks, and Emerging Forces for Change

• Professor Barry R. Furrow, JD, The Thomas R. Kline School of Law, Drexel University, Philadelphia, PA

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This presentation will examine the history of U.S. health care and its reform, look at how the legal system has approached the system, and consider forces for change in the delivery of health care. The session will trace the historical elements of the U.S. health care system; analyze and relate the various legal doctrines that affect health care professionals; dissect the Affordable Care Act and its impact on the health care system, on nursing, and on hospitals generally; and examine new market ideas from mobile technologies to reform driven ACOs.

Telehealth and Risk Management

• John J. Kornak, MS, University of Maryland Medical Center, Baltimore, MD

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This presentation will explain the growing importance of telemedicine in healthcare delivery and management; discuss the role of the healthcare provider and the influence of telemedicine on state practice acts; and identify the legal risks in telemedicine and explain how to avoid them.

Nurses Service Organization (NSO) Update

• Loretta D’Antonio, MS, Vice President; Nurses Service Organization, Hatboro, PA
  

This presentation will discuss claim metrics for the Allied Program; create awareness of allegations, expense payments for paid claims and factors that may contribute to claims; and provide risk management recommendations to support managing professional liability risks.

Exploring Federal and State Regulatory Approaches and Strategies to Achieve Patient Safety through Safe Nurse Staffing

• Sofia Aragon, JD, BSN, RN, Washington Center for Nursing, Seattle, WA
  

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This presentation will explore applying Medicare Conditions of Participation, Joint Commission on Accreditation of Hospital Organizations, and state hospital licensing law to enforce quality standards for nurse staffing in hospitals.  How to work with nursing organizations to achieve better staffing standards through this approach will be discussed.  Finally, how a federal action can increase public awareness and education of the link between safe nurse staffing and patient safety.

Managing Ebola: Implications for Nurses as Caregivers and Patients. 

• Catherine A. Schaefer, JD, BSN, RN, Mount Sinai Hospital, New York, NY

The Ebola epidemic has changed the landscape of infectious disease management in the United States. With healthcare workers being one of the highest risk groups for exposure, nurses caring for patients infected with Ebola can quickly become infected patients themselves. This presentation will discuss the rights of nurses in caring for infected patients and the rights of patients subjected to isolation and quarantine regulation. An overview of the establishment of the freestanding Bio-Containment Unit at Mount Sinai Hospital will also be presented.

Professional Licensure Defense and the Collective Bargaining Agreement

• Kevin Keaney, JD, Kevin Keaney P.C., Portland, OR

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By the end of the presentation, the learner will understand the role of the union representing a nurse and the role of a private attorney representing the nurse and defending the nurse in a license investigation or proceeding.