| Los Angeles | San Francisco | San Diego | Washington D.C. LEGAL AND REGULATORY CHALLENGES & THE...

transcript

| Los Angeles | San Francisco | San Diego | Washington D.C.

LEGAL AND REGULATORYCHALLENGES & THE MEDIA

April 17, 2013California Long-Term Care

Communications Forum

Mark E. Reagan, Esq.Hooper, Lundy & Bookman, P.C.

575 Market Street, Suite 2300San Francisco, CA 94105

Phone: 415-875-8500

mreagan@health-law.com

Hooper, Lundy & Bookman, PC©

VIRTUALLY ALL REQUESTS FOR COMMENTS INVOLVE THINGS YOU WOULD RATHER NOT TALK ABOUT

MOST OF THEM HAVE TO DO WITH BAD THINGS, LAWYERS OR ENFORCEMENT

AGENCIES, OR ALL OF THE ABOVE

Regulatory

Citations Decertifications Closures State/Federal requirements re compliance of

various types

New filings Verdicts Settlement/pleas

Topics

Poor Care Negligence/Abuse Civil Fraud/False Claims Crimes – Person or Corporate Profits Over People Sex Offenders

WHO SHOULD BE THE SPOKESPERSON?

NEVER SOMEONE WHO IS EMOTIONALLY INVESTED IN THE SITUATION

Knowledgeable Prepared Dispassionate

THE REPORTER NEVER KNOWS

MORE THAN YOU DO

ONLY EDUCATE IF IT HELPS YOU

WRITTEN CONTENT AS AN ALTERNATIVE

SPEAK TO THE CULTURE OF COMPLIANCE BY THE ORGANIZATION

TALK ABOUT THE CARING NATURE OF YOUR CAREGIVERS

REFERENCE THAT ALL ALLEGATIONS WILL BE CAREFULLY AND THOROUGHLY

INVESTIGATED AND ACTION WILL BE TAKEN IF NECESSARY

TIE BACK TO MISSION OF DELIVERING HIGH QUALITY CARE AND KEEPING RESIDENTS

THE MESSAGE

DEVELOP THE GAME PLAN

WHEN CAN YOU KILL A STORY?

HOW TO DEAL WITH A HOSTILE REPORTER

DO NOT BE BULLIED

DO NOT MAKE ADMISSIONS

NEVER ANSWER A QUESTION DIRECTLY UNLESS IT ONLY HELPS WITH YOUR

NARRATIVE

RE-DIRECT AND REPHRASE TO THINGS YOU WANT TO TALK ABOUT

ALWAYS EMPHASIZE THE COMMITMENT TO THE HIGHEST LEVEL OF CARE FOR

RESIDENTS

RECOGNIZE THAT THE HEALTH, WELL-BEING AND SAFETY OF RESIDENTS IS THE

MOST IMPORTANT ELEMENT OF THE ORGANIZATION’S MISSION

Questions?

Any views or opinions expressed in this presentation are solely those of the author(s) and do not necessarily represent those of Hooper, Lundy & Bookman. You should not assume or construe that this presentation represents the opinion of Hooper, Lundy & Bookman. Although this presentation provides information concerning potential legal issues, it is not a substitute for specific legal advice from qualified counsel. You should not and are not authorized to rely on this presentation as a source of legal advice. This presentation is solely for general educational and informational purposes. Your attendance at this presentation does not create any attorney-client relationship between you and Hooper, Lundy & Bookman. You should not act

upon this information without seeking your own independent professional advice.

| Los Angeles | San Francisco | San Diego | Washington D.C. LEGAL AND REGULATORY CHALLENGES & THE...

Documents