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Description: The Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization represents a sea-change in Constitutional law that has already impacted our country in multiple ways. While the legal landscape is evolving daily, there are multiple issues about which healthcare providers and others need to be cognizant.
This webinar will discuss several of these concerns so that stakeholders can assess their risks and strategic decisions moving forward, including the following:
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Criminal, civil, and administrative considerations for providers;
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Considerations for providers, including pharmacists, hospitals and academic medical centers, physicians and providers, under potentially conflicting federal and state laws and regulations; Preserving the privacy of patient information, particularly in states that have restricted reproductive health services; and,
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Litigation risks including the plethora of challenges to reproductive health under state laws and an update regarding pending litigation that explores this tension.
Presenter Bios
Jeremy Burnette is a seasoned healthcare litigator with substantial experience working within the complex regulatory framework in which providers operate. Jeremy’s practice focuses on representing healthcare providers in a variety of complex litigation matters and disputes, including whistleblower or government investigations or lawsuits, state licensure board investigations and enforcement actions, government or private payor audit and recoupment actions, medical staff matters, practice dissolutions, and commercial disputes. Jeremy also advises healthcare providers in regulatory compliance matters and serves as counsel to providers’ internal compliance committees.
In addition, Jeremy has assisted in the representation of group health plan sponsors in responding to audits of the quantitative and non-quantitative treatment limitations within their plans, as required by the Mental Health Parity and Addiction Equity Act (MHPAEA). As a former practicing psychologist, Jeremy has a unique legal and clinical comprehension of mental health services and payment models.
Martin Dix focuses his practice primarily on pharmacy and drug distribution law. His clients encompass nearly all aspects of the legal drug delivery system, including pharmacies, pharmacists, and pharmacy benefit managers; drug wholesalers; drug and dietary supplement manufacturers; retail medical oxygen dealers; and compressed medical gases wholesalers. He has also represented a variety of other health care providers and entities, such as physician practices, health care clinics, clinical laboratories, mental health centers, home health agencies and hospitals.
Clients rely on Martin for counsel on pharmacy and healthcare-related licensing, regulatory, HIPAA, Medicaid and Medicare, contract and reimbursement issues.
With a comprehensive understanding of the state and federal regulatory agencies, Martin represents clients before the Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), Florida Board of Pharmacy, Agency for Health Care Administration, Florida Department of Health, Department of Business and Professional Regulation Division of Drugs, Devices and Cosmetics, Office for Civil Rights, Medicaid, Centers for Medicare and Medicaid Services, Agency for Persons with Disabilities, Florida Disabilities Council, Florida Attorney General’s Office, Division of Administrative Hearings, Florida Governor and Cabinet, and other state and federal agencies.
Martin is an active member of Akerman’s Cannabis Practice, which provides counsel to clients on the complex legal and business issues impacting companies with interests in the medical and adult-use cannabis industries. He has represented medical marijuana dispensaries and treatment providers on a myriad regulatory issues.
Noam Fischman is a trusted guide for healthcare providers, pharmaceutical companies, life sciences companies, and related healthcare vendors, leading clients through cases in federal and state courts, as well as government investigations and matters involving regulatory agencies. Noam has a specific focus on managing risk related to fraud and alleged false claims, and fiduciary duty-related issues for hospitals and hospital systems, behavioral health centers, ambulance companies, and skilled nursing facilities. Additionally, Noam has focused a significant portion of his practice to managing deal-related due diligence for clients engaging in corporate mergers and other transformational transactions, and advising clients about – and litigating when necessary – post-closing deal disputes.
Outside of the healthcare industry, for more than twenty years, Noam has managed commercial litigation needs for clients ranging from contract disputes to commercial fraud matters to challenges to government action under the Administrative Procedure Act, among other types of cases. Noam routinely advises clients on issues related to the Foreign Corrupt Practices Act and manages related due diligence and investigations. He has litigated RICO matters and has guided clients through employment-related litigation and litigation issues associated with the EB-5 foreign investor program. He has also served for years in the role of outside general counsel and has advised several Boards of Directors on matters related to corporate and non-profit governance.
Noam leverages his industry-specific knowledge and experience to provide clients with practical advice aimed at avoiding disputes before they arise. If disputes are unavoidable, Noam pivots to innovative and goal-oriented litigation strategies aimed at maximizing leverage for his clients while simultaneously seeking to minimize the impact of litigation of the client’s business.
Betsy Hodge concentrates her practice on compliance and regulatory issues affecting healthcare providers, payers, and employer-sponsored health plans.
Betsy has significant experience with HIPAA and the HITECH Act and assists covered entities and business associates in complying with these laws through the development of policies and procedures, workforce training, analysis of data incidents and notification of breaches, and assisting with government audits and investigations. Betsy also advises clients regarding compliance with a range of other federal and state privacy and data security laws and associated transactional issues. Her work in this area ranges from preparing and negotiating the data security aspects of contracts, to drafting privacy policies and notices, to assisting clients with implementing a comprehensive privacy program designed to meet applicable legal requirements.
In addition, she counsels her clients on regulatory issues, including state and federal fraud and abuse laws.
A frequent speaker and author on developing issues in healthcare law, Betsy is a member of the Florida Hospital Association’s HIPAA Preemption Analysis Task Force.
Sidney Welch is a nationally recognized strategic advisor to large specialty physician practices & associations and technology companies in their cutting edge and traditional healthcare, transactional, and litigation needs.
She serves as strategic regulatory counsel, providing counsel to clients regarding tomorrow’s healthcare, including mhealth and digital health ventures; telehealth; precision medicine; artificial intelligence & machine learning; data aggregation & analytics; health information privacy & security; and advanced payment & delivery models. Sidney also works with clients to achieve their business objectives against the constantly developing regulatory environment, including the federal Anti-Kickback Statute; Stark I, II & III; the False Claims Act; HIPAA, HITECH, and Omnibus privacy & security regulations; state self-referral laws, fee-splitting, and corporate practice of medicine. On the transactional front, Sidney provides legal counsel in the merger and acquisition of physician practices and healthcare technology companies, as well as private equity offerings, and joint venture opportunities. She also provides representation in quasi-litigation and litigation matters, including False Claims Act mediation and litigation; Medicare & Medicaid reimbursement issues, investigations, audits, and appeals; state medical licensure investigations and hearing; medical staff bylaws, credentialing, and hearings.
Sidney is a frequent speaker and author in these novel areas of healthcare and technology, has served in leadership roles for the American Bar Association’s Health Law Section and American Health Lawyers Association, and co-chaired healthcare innovation efforts for two national law firms. She holds joint degrees in law and public health and serves as an adjunct professor at the Georgia State University College of Law.
 | | Practice Areas: | | Administrative Law & Regulation, Constitutional Law, Healthcare & Pharmaceutical Law, State, Local & Municipal Law | | | Online Media Type: | | Video | | | Production Date: | | 12/08/2022 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 10 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Jeremy Burnette - Akerman LLP | Atlanta, GA | | • | Martin R. Dix - Akerman LLP | Tallahassee, FL | | • | Noam B. Fischman - Akerman LLP | Washington, DC | | • | Elizabeth F. Hodge - Akerman LLP | West Palm Beach, FL |
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