2014 Annual Conference

2014 Conference Schedule

Final Program (PDF)

Thursday, October 9, 2014

1:15pm – 2:15pm
Promoting Clinician Resilience: Ensuring Effective Support after Adverse Events

 

Patricia McCotter, RN, JD, CPHRM, CPC, Physicians Insurance A Mutual Company,
Seattle, Washington

Handout:


http://www.taana.org/resources/conf2014/handouts/Patricia_Mccotter_1.pdf


http://www.taana.org/resources/conf2014/handouts/Patricia_Mccotter_2.pdf


http://www.taana.org/resources/conf2014/handouts/Patricia_Mccotter_3.pdf

 

CLE’s approved: 1

Current patient safety research demonstrates a significant human cost to
adverse events. In a recent study, 90% of physicians felt that their health care
organization failed to support them in coping with the stress associated with an
error. This program raises awareness of the second victim phenomenon and enables
TAANA participants to address the needs of caregivers and facilities following
an adverse event.

 


 

2:15pm – 3:15pm
The Federal Patient Safety and Quality Improvement Act: A Prescription for a
Culture of Safety.

 

Ronnie McKinnon, RN, JD, CPHRM, CPSO, CPPS, TeamSTEPPS® Master Trainer, Stony
Brook University Health Sciences Center, Stony Brook, New York


Handout:


http://www.taana.org/resources/conf2014/handouts/Ronnie_McKinnon.pptx

 

CLE’s approved: 1

This relatively new Federal law is the first ever Federal based Quality
Assurance and Peer Review Privilege-Confidentiality Statute. It provides much
greater protection for Health Care Providers because unlike state laws, there
are few exceptions to this Federal Quality Assurance, Peer Review Privilege. But
this Federal Law is not automatically operational and steps must be taken to
invoke this legal protection. When properly cloaked with this Federal Legal
Privilege, statements made by nurses, doctors and allied health professionals
within a Patient Safety Evaluation System may not be disclosed to third parties,
regulators or licensing boards.

 


 

3:15pm – 3:30pm break & Silent Auction Opens

 


 

3:30pm – 4:30pm
License protection defense claims in the NSO and HPSO programs for both severity
and frequency

 

Loretta D’Antonio, Nurses Service Organization, Hatboro, Pennsylvania

 

Handout:

http://www.taana.org/resources/conf2014/handouts/Loretta_DAntonio.ppt

 

CLE’s approved: 1

Provide an overview of license protection defense claims in the NSO and HPSO
programs for both severity and frequency. Provide insights into complaint
allegations, average expenses and regulatory board outcomes. Discuss risk
control recommendations which will assist practitioners in reducing the
likelihood of a board complaint.

 


 

5:30pm – 7pm

 


Welcome Reception, TAANAF Awards and Poster Sessions:

 

 The InterProfessional Pediatric Advocacy Program (IPAP)
Natalie Bachynsky, MSN, RN, CNE, UTMB Health School of Nursing, Galveston, Texas
Mary O’Keefe, PhD, JD, RN, UTMB Health School of Nursing, Galveston, Texas

This presentation outlines the process of development, implementation and evaluation of an
interprofessional program designed to train nursing, occupational therapy and
physical therapy students to: (1) evaluate the medical status and needs of
children monitored by child protective services (CPS); and, (2) report
intervention outcomes to CPS.

 

 Career Paths for Nurse Attorneys
Jonathan Stewart, JD, MS, RN, Veterans Health Administration, Vancouver,
Washington

Nurse attorneys are found in a wide variety of professional roles. This
poster will present aggregated, de-identified TAANA membership data, selected
demographic data, and profiles of nurse attorneys in representative roles.

 

Handouts:


http://www.taana.org/resources/conf2014/handouts/Jonathan_Stewart_1.pdf


http://www.taana.org/resources/conf2014/handouts/Jonathan_Stewart_2.pdf


http://www.taana.org/resources/conf2014/handouts/Jonathan_Stewart_3.pdf

 


 

Friday, October 10, 2014

8:30am – 9:45am

Opening Keynote
New Directions in End of Life Care: Is Aid in Dying a Medical Issue or a Legal
Issue?

 

Robert L. Schwartz, JD, BA, Emeritus Professor of Law, University of New
Mexico School of Law, Albuquerque, New Mexico

 

Supporting Files

http://www.taana.org/resources/conf2014/handouts/Robert_Schwartz.pdf

 

CLE’s approved: 1 ethics

Is Aid in Dying better treated by our society as a matter of law,
requiring statutory or constitutional justification to outweigh prohibitions
on assisting suicide, or should it be treated like any other question of the
medical standard of care? Who ought to be deciding whether aid in dying is
available for particular patients: prosecutors and judges, or health care
providers caring for those patients? This session will focus on recent
developments in Legislation (in Vermont and elsewhere) and litigation (in
Montana, New Mexico and elsewhere) that are clarifying issues surrounding
prescription of lethal medications for competent, terminally ill patients.
This session will also ask whether there is a difference between euthanasia,
assisted suicide, aid in dying, medically assisted dying, and death with
dignity, and inquire about why the name we give to the process is so
important.


 

10:00am – 11:00am
Legal issues keeping nurses awake at night: How, what and when to advise them

 

Carolyn Buppert, RN, JD, Law Office of Carolyn Buppert, P.C., Boulder,
Colorado

 

Handout:


http://www.taana.org/resources/conf2014/handouts/Carolyn_Buppert.pptx

 

CLE’s approved: 1

Nurses make decisions with legal consequences on the fly, often without legal
counsel. The nurse attorney often gets the client after the damage is done. The
speaker describes a selection of the dilemmas reported to her this year by
nurses, and discusses her approach to the issues and the clients.

 


11:00am – 12noon
Safe staffing in a just culture: Really???

 

Alice Dupler, JD, APRN-BC, Gonzaga University School of Nursing & Human
Physiology; WSU

College of Nursing, Valley, Washington

 

Handout:


http://www.taana.org/resources/conf2014/handouts/Alice_Dupler.ppt

 

CLE’s approved: 1

This presentation includes an overview of safe staffing legislation
nationally within the context of the just culture framework; it is then applied
to cases that have been brought against nurses regionally in those states where
safe staffing legislation has been implemented to assure client quality of care
to prevent them from harm. Preventative strategies for quality improvement for
professional licensure and corporate management are provided. And,
recommendations for malpractice litigation are offered.

 


12noon – 1:30pm Annual Business Meeting & Awards Luncheon


 

1:30pm – 2:30pm
Cross Examination of Physicians and Nurses at Trial

 

Kathleen Kettles, BSN, JD, Wingate Russotti Shapiro & Halperin, LLP, New York
City, New York

 

Handout:


http://www.taana.org/resources/conf2014/handouts/Kathleen_Kettles.pptx


http://www.taana.org/resources/conf2014/handouts/Kathleen_Kettles1.pdf


http://www.taana.org/resources/conf2014/handouts/Kathleen_Kettles2.pdf

 

CLE’s approved: 1

This presentation will identify materials necessary for the preparation of
cross examination, and how to conduct online research of the MD/RN/PA/NP.
It will also discuss how to obtain prior transcripts and how to utilize medical
records, including HER, for preparation of questions for cross and finally how
to handle objections.

 


 

2:30pm – 3:30pm
Reel in Regulatory Risk: Avoid a Government Catch

 

Kathleen Hessler, RN, JD, Simione Healthcare Consultants, Albuquerque, New
Mexico

 

Handout:

http://www.taana.org/resources/conf2014/handouts/hessler1.pdf

http://www.taana.org/resources/conf2014/handouts/hessler2.pdf

http://www.taana.org/resources/conf2014/handouts/hessler3.pdf


http://www.taana.org/resources/conf2014/handouts/hessler4.pdf

 

CLE’s approved: 1 ethics

The government is increasingly casting a wider net in its search for fraud
and abuse. Help your clients avoid being the government’s next catch by
educating and assisting them in maintaining a sound ethics and compliance
program. An analysis of a Corporate Integrity Agreement (CIA) will include
lessons learned to assist your clients in implementing measures that will strive
to withstand legal scrutiny.

 


3:45pm – 4:45pm
Beyond OSHA: Legal and Ethical Issues Related to Bullying in the Nursing
Profession

 

Susan Matt, PhD, JD, MN, RN, CNE, Seattle University, Seattle, Washington

 

Handout:


http://www.taana.org/resources/conf2014/handouts/Susan_Matt.pdf

 

CLE’s approved: 1 ethics

Nurses who engage in bullying behaviors are violating the law, but more
significantly, they are violating ethical mandates established by the
profession. The presenter will review relevant legal and ethical principles that
apply to bullying in the nursing profession, including initiatives that have
been implemented in other countries.

 


4:45pm – 6pm
Evening Keynote

Through Scrooge’s Eyes: The Past, Present, and Future of Medical Cannabis
Programs and Patient Rights

 

Marc M. Lowry, JD, MS, the Rothstein Law Firm, Albuquerque, New Mexico

 

Handouts:


Powerpoint

Table
of Contents

 

CLE’s approved: 1 ethics

Medical cannabis programs continue to expand across the United States. In
order to assist clients within this unique practice area, this presentation
will cover the background of the federal, state, and regulatory laws
governing such programs, and discuss the unusual aspect of such programs
being lawful as a matter of individual state laws, while being banned under
federal law and most sister state jurisdictions. From the ethics of
providing legal advice, to assessing the different approaches to medicinal
use, and then discussing how to limit collateral consequences associated
with using medicinal cannabis, this program seeks to educate participants on
the interplay between federal law, state law, and the rights of medicinal
cannabis patients.


 

Saturday, October 11, 2014

 

8:30am – 9:30am
Opportunities and Consequences of the Affordable Care Act for Healthcare
Litigators

 

Neil Ekblom, JD, LeClairRyan, New York City, New York

 

Handout:

http://www.taana.org/resources/conf2014/handouts/Neil_Ekblom.pdf

 

CLE’s approved: 1

Within the Ten Titles of the ACA there are numerous areas of potential
litigation, some express and others potential consequences of compliance and
enforcement. This presentation provides an overview of certain provisions that
healthcare litigators may encounter as the ACA is implemented and enforced
impacting individual and business clients.

 


 

9:45am – 10:45am
Robotic Surgery Liability Risks

 

Laura Nordberg, RN, JD, MBA, CPHRM, CHSP, AHRMQR, Trinity Health, Livonia,
Michigan

 

Handout:


http://www.taana.org/resources/conf2014/handouts/Laura_Nordberg.pptx

 

CLE’s approved: 1

This presentation will educate attorneys about the liability risks associated
with robotic surgeries, and offer strategies to mitigate these risks.

 


 

10:45am – 11:45am
“Do You Know When a HIPAA Business Associate Agreement is Required? HIPAA,
HITECH & the OMNIBUS RULE: What Non-Health Lawyers Need to Know for Their
Clients and Themselves to Comply with the Law”

 

Randi Kopf, RN, MS, JD, Kopf HealthLaw, LLC, Rockville, Maryland
Rose Matricciani, RN, BS, JD, Whiteford, Taylor & Preston, LLP, Baltimore,
Maryland

 

Handout:


http://www.taana.org/resources/conf2014/handouts/Rose_Matricciani.ppt


http://www.taana.org/resources/conf2014/handouts/Rose_Matricciani_1.pdf


http://www.taana.org/resources/conf2014/handouts/Rose_Matricciani_2.pdf


CLE’s approved: 1

This presentation will give an overview of the 2013 OMNIBUS Rule that amended
HIPAA and the HITECH Act for non-health lawyers. We will focus on the key
aspects of these complex regulations that may apply to their clients and the
attorney. We will identify aspects of client matters that would require a HIPAA
Business Associate Agreement for attorneys to be compliant with the law. Legal
citations, sample language and a sample HIPAA Business Associate Agreement will
be provided.

 


 

Saturday, October 11, 2014

1pm – 2:30pm: Framework of Disciplinary defense :Your Procedural rights, Climbing the Ladder of Due Process

Christine Whitney, PA, Jacksonville, Florida
Kathleen Murphy-Jones, Las Vegas, Nevada

 

Whitney Handouts:


http://www.taana.org/resources/conf2014/handouts/Christine_Whitney.ppt

 

Murphy-Jones Handouts:


http://www.taana.org/resources/conf2014/handouts/Kathleen_Jones1.ppt


http://www.taana.org/resources/conf2014/handouts/Kathleen_Jones2.pdf


http://www.taana.org/resources/conf2014/handouts/Kathleen_Jones3.pdf


http://www.taana.org/resources/conf2014/handouts/Kathleen_Jones4.pdf

 

 

This portion of the seminar will cover the following topics:

  • Types of activities that will result in disciplinary action
  • Job loss
  • Reports to the Board of Nursing
  • First notices of action by the Board
  • Your choices of action
  • The interventional Project for Nursing
  • Hearings, appeals and final Orders

2:40pm – 4:10pm: Surrender, Revocation and Suspension of A License and the OIG/National Practitioner Data Bank

Judy Ringholz, RN, JD, CHC, VP, Internal Audit and Compliance Services, Lehigh Valley Health Network, PA

 

Handout:

http://www.taana.org/resources/conf2014/handouts/Judy_Ringholz.ppt
http://www.taana.org/resources/conf2014/handouts/Judy_Ringholz.pdf

 

This portion of the seminar will examine the following topics:

  • Situations that may lead to exclusion action by the Office of Inspector General (OIG)
  • Consequences of exclusion
  • Exclusion from Medicare
  • National Practitioner Data Bank reporting

4:20pm – 5:05pm: Practice Tips for Health Professionals – staying out of hot water, what to do to avoid Board investigations

Christine Whitney, PA, Jacksonville, Florida
Melanie Balestra, NP, JD, Newport Beach, CA

 

http://www.taana.org/resources/conf2014/handouts/Balestra.pptx

 

This portion of the seminar is a panel discussion that will examine the following topics:

  • Various strategies to avoid Board action

5:15pm – 6:00pm: Practice Issues for Attorney – red flags, difficult defense cases

Taralynn Mackay, RN, JD, Dallas, Texas
Teressa Sanzio, RN, JD, Phoenix, Arizona
Paula F. Henry, RN, BSN, NP, JD

 

This portion of the seminar is a panel discussion that will examine the following topics:

  • Payment issues
  • Client selection
  • Working with other attorneys on collateral issues such as a concurrent criminal investigation

Saturday, October 11, 2014

1pm – 2:30pm: Framework of Disciplinary defense :Your Procedural rights,
Climbing the Ladder of Due Process

Christine Whitney, PA, Jacksonville, Florida
Kathleen Murphy-Jones, Las Vegas, Nevada


This portion of the seminar will cover the following topics:

  • Types of activities that will result in disciplinary action
  • Job loss
  • Reports to the Board of Nursing
  • First notices of action by the Board
  • Your choices of action
  • The interventional Project for Nursing
  • Hearings, appeals and final Orders

2:40pm – 4:10pm: Surrender, Revocation and Suspension of A License and the
OIG/National Practitioner Data Bank

Judy Ringholz, RN, JD, CHC, VP, Internal Audit and Compliance Services,
Lehigh Valley Health Network, PA

 

This portion of the seminar will examine the following topics:

  • Situations that may lead to exclusion action by the Office of Inspector
    General (OIG)
  • Consequences of exclusion
  • Exclusion from Medicare
  • National Practitioner Data Bank reporting

4:20pm – 5:05pm: Practice Tips for Health Professionals – staying out of
hot water, what to do to avoid Board investigations

Christine Whitney, PA, Jacksonville, Florida
Melanie Balestra, NP, JD, Newport Beach, CA

 

This portion of the seminar is a panel discussion that will examine the
following topics:

  • Various strategies to avoid Board action

5:15pm – 6:00pm: Practice Issues for Attorney – red flags, difficult
defense cases

Taralynn Mackay, RN, JD, Dallas, Texas
Teressa Sanzio, RN, JD, Phoenix, Arizona
Paula F. Henry, RN, BSN, NP, JD

 

This portion of the seminar is a panel discussion that will examine the
following topics:

  • Payment issues
  • Client selection
  • Working with other attorneys on collateral issues such as a concurrent
    criminal investigation