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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
Hooper, Lundy & Bookman, PC©
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VIRTUALLY ALL REQUESTS FOR COMMENTS INVOLVE THINGS YOU WOULD RATHER NOT TALK ABOUT
Hooper, Lundy & Bookman, PC©
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MOST OF THEM HAVE TO DO WITH BAD THINGS, LAWYERS OR ENFORCEMENT
AGENCIES, OR ALL OF THE ABOVE
Hooper, Lundy & Bookman, PC©
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Regulatory
Citations Decertifications Closures State/Federal requirements re compliance of
various types
Hooper, Lundy & Bookman, PC©
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Legal
New filings Verdicts Settlement/pleas
Hooper, Lundy & Bookman, PC©
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Topics
Poor Care Negligence/Abuse Civil Fraud/False Claims Crimes – Person or Corporate Profits Over People Sex Offenders
Hooper, Lundy & Bookman, PC©
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WHO SHOULD BE THE SPOKESPERSON?
Hooper, Lundy & Bookman, PC©
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NEVER SOMEONE WHO IS EMOTIONALLY INVESTED IN THE SITUATION
Hooper, Lundy & Bookman, PC©
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Knowledgeable Prepared Dispassionate
Hooper, Lundy & Bookman, PC©
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THE REPORTER NEVER KNOWS
MORE THAN YOU DO
ONLY EDUCATE IF IT HELPS YOU
Hooper, Lundy & Bookman, PC©
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WRITTEN CONTENT AS AN ALTERNATIVE
Hooper, Lundy & Bookman, PC©
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SPEAK TO THE CULTURE OF COMPLIANCE BY THE ORGANIZATION
Hooper, Lundy & Bookman, PC©
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TALK ABOUT THE CARING NATURE OF YOUR CAREGIVERS
Hooper, Lundy & Bookman, PC©
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REFERENCE THAT ALL ALLEGATIONS WILL BE CAREFULLY AND THOROUGHLY
INVESTIGATED AND ACTION WILL BE TAKEN IF NECESSARY
Hooper, Lundy & Bookman, PC©
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TIE BACK TO MISSION OF DELIVERING HIGH QUALITY CARE AND KEEPING RESIDENTS
SAFE
Hooper, Lundy & Bookman, PC©
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THE MESSAGE
Hooper, Lundy & Bookman, PC©
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DEVELOP THE GAME PLAN
Hooper, Lundy & Bookman, PC©
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WHEN CAN YOU KILL A STORY?
Hooper, Lundy & Bookman, PC©
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HOW TO DEAL WITH A HOSTILE REPORTER
Hooper, Lundy & Bookman, PC©
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DO NOT BE BULLIED
Hooper, Lundy & Bookman, PC©
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DO NOT MAKE ADMISSIONS
Hooper, Lundy & Bookman, PC©
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NEVER ANSWER A QUESTION DIRECTLY UNLESS IT ONLY HELPS WITH YOUR
NARRATIVE
Hooper, Lundy & Bookman, PC©
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RE-DIRECT AND REPHRASE TO THINGS YOU WANT TO TALK ABOUT
Hooper, Lundy & Bookman, PC©
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ALWAYS EMPHASIZE THE COMMITMENT TO THE HIGHEST LEVEL OF CARE FOR
RESIDENTS
Hooper, Lundy & Bookman, PC©
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RECOGNIZE THAT THE HEALTH, WELL-BEING AND SAFETY OF RESIDENTS IS THE
MOST IMPORTANT ELEMENT OF THE ORGANIZATION’S MISSION
Hooper, Lundy & Bookman, PC©
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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.
