eCourses

Session 01: Medicaid Update and Other Hot Topics - This presentation identifies and explains recent changes in Medicaid law and policy. Discuss Medicaid advocacy strategies that are “hot,” either because they are new or because they are underutilized but work really well. Session 02: What All Estate and Probate Attorneys Need to Know About Medicaid Planning and Drafting - Issue-spotting and discussion highlighting elder law issues for which every estate planner and probate attorney should be on the lookout. Session 03: Medicaid Planning or Medicaid Avoidance? - Sometimes we can help a relatively wealthy person qualify for Medicaid long-term care. This presentation explores how to help the client determine whether or not they are able to pay privately; and if so, whether they would be better served by doing so or by qualifying for Medicaid. Session 04: MERP Defense - This presentation provides updates on changes in defending against MERP claims and discussion of continuing sticky situations and traps. Discuss where HMS and we disagree and the problems of timelines, statutes of limitations, and the need for legislative change. Session 05: When Your Client May Have Diminished Capacity - In estate planning and elder law, attorneys often have clients that may be in some stage of diminished capacity. This creates ethical and legal issues for the attorney that can’t be ignored. Explore those issues and ways the attorney can navigate these turbulent waters. Session 05: Real Estate Issues in Elder Law - Review issues to better protect your clients, including homestead and agricultural exemptions; recent changes; to inspect or not, what could possibly go wrong; easements; and transactions with an affidavit of heirship within four years of date of death.  Session 06: Role of the Guardian - Examine the duties and responsibilities of a guardian under Texas law and guardianship administration, from initiation to closing, including the code requirements of selling and leasing property, ethical issues, and more. Session 07: Alternatives to Guardianship Including Supports and Services - A discussion of practical considerations in determining whether lesser restrictive alternatives and supports and services are available and feasible in guardianship proceedings. Session 09: Medicaid Planning in Guardianships - A discussion of how government benefits planning for single and married individuals can be accomplished in the context of Guardianships and Community Administrations. Session 10: Medicaid Matters and Probate Proceedings - Join Stephanie as she explores how to protect homes from the Medicaid Estate Recovery Program [MERP] through probate proceedings, in addition to understanding the basics of protecting homes from the reach of MERP in the first place. Independent administrations may not always be the best choice, particularly in cases where no statutory waivers apply.

Includes: Video Audio Paper Slides

Session 1: Workplace Safety and Violence Prevention: A Changing Reality, Both Operationally and Legally - Listen to a discussion about two public health systems’ efforts to fight the rise in workplace violence, address challenging patient behaviors, and create a safe workplace for nurses and other healthcare workers. Session 2: The Good, The Bad, and The Ugly of Cybersecurity - Cybersecurity continues to presents itself as a significant obstacle for the health care industry, both in terms of compliance and operational aspects. To combat this constantly evolving threat, it is imperative to establish a robust cybersecurity program that encompasses prevention, detection, and mitigation strategies. Delve into the legal considerations and optimal approaches for implementing internal controls and best practices, thereby safeguarding your organization against potential data breaches. Session 3: Research on Legal Writing - Gain information about empirical research on legal writing techniques. Research supports plainer writing, reduced use of intensifiers, reduced use of “emotional” words, and use of narrative. Research also supports “connectives” (transitions), priming, and the value of resources, i.e. money.

Includes: Video Audio Paper Slides

It’s not what they pay, it’s what your client keeps that matters.

Includes: Video Audio Paper Slides

Session 1: Key Considerations in Private M&A Deals in Uncertain Market Conditions  - An experienced panel of legal and financial advisors provide updates on market conditions for private M&A transactions, reviews trends in deal terms, fiduciary duty issues and structural options in distressed sales, and highlights recent Delaware case law and regulatory considerations. Session 2: Corporate Transparency Act: The Law - This presentation provides an overview and review of the statutory and regulatory requirements of the Corporate Transparency Act, including new 2024 FinCEN guidance and a discussion of judicial challenges to the CTA (including the Alabama district court case that ruled the CTA unconstitutional). Session 3: Healthcare Transactions: How to Ensure Compliance and Successfully Complete the Deal! - Modern healthcare transactions are complex and increasingly involving more parties and more issues than other transactions. Discuss real world issues regarding transactions, addressing compliance concerns, and pitfalls to watch for. Session 4: ​The Current State of Non-Competes: Are They Still Enforceable? - Explore the rising tide of opposition at the federal level to the enforcement of covenants not to compete. Focus on the recent moves by the FTC and the NLRB to outright ban (or at least sharply curtail) the use of restrictive covenants and examine the practical alternatives to non-competes available to businesses. Session 5: Gen AI Regulation and Legislation – Federal, State, and Global - Generative artificial intelligence (Gen AI) adoption across industries and ever-expanding use cases are driving the U.S., states, EU, and countries across the globe to develop and implement comprehensive Gen AI regulation and legislation. Hear a discussion of these developments, related challenges, and the consensus that much of the Gen AI rules and laws, which shape the long-term growth and direction of the sector, will be established in the coming 12-24 months. Session 6: Lessons Learned From GCs Behaving Badly (Allegedly) - It is always better to learn from someone else’s mistakes. Examine examples of in-house counsel allegedly (or admittedly) behaving badly—from alleged assaults and slurs to embezzlement—and what in-house counsel can learn from those situations. Discuss examples of in-house counsel allegedly being punished for doing the right thing, and review applicable Model Rules of Professional Conduct, including Rules 1.13 and 8.4.

Includes: Video Audio Paper Slides

HHS is expected to release new standards next year, including updated requirements for business associate agreements. This session addresses data privacy and other issues relevant to tech companies and  provides an overview of hot topics in the industry. The panel explores legal considerations related to the 21st Century Cures Act Interoperability, Information Blocking, and the ONC Health IT Certification Program and proposed implementing rules. As states across the nation are quickly enacting their own privacy laws designed to regulate the collection, sharing, selling and other processing of consumer health data, it is important to understand how to apply the complexities to your business model.

Includes: Video Audio Slides

Modern healthcare transactions are complex and increasingly involving more parties and more issues than other transactions. Discuss real world issues regarding transactions, addressing compliance concerns, and pitfalls to watch for.

Includes: Video Audio Slides

Hear a discussion of advanced case study and legal risks and considerations when structuring and operationalizing various types of digital healthcare arrangements such as telehealth and/or remote patient monitoring. Consider state and federal regulatory requirements such as HIPAA, state privacy and security laws, licensing requirements, corporate practice of medicine prohibitions, and data ownership, data sharing and cybersecurity risks.

Includes: Video Audio Paper Slides

THIS MONTH: Commercial Contracts and The Most Heavily Litigated Provisions • Reproductive and Maternal Care in an Ever-Changing Legal Landscape • The Monroe Doctrine: The Duty to Defend under Texas Law and When Insurers Must Pay for Counsel • Bad Facts: Making Lemonade From Lemons • ​Protecting Individual Trustees Who Protect Beneficiaries

Includes: Video Audio Paper Slides

Explore the basics of health law, with an emphasis on fraud and abuse (including the Stark law and the federal anti-kickback statute), managed healthcare, HIPAA, and Medicare coverage and reimbursement issues.

Includes: Audio Slides

Medical-legal partnerships (MLP) integrate the unique expertise of public interest lawyers into health care settings to help clinicians, case managers, and social workers address structural problems at the root of so many health inequities. Explore the role and responsibilities of attorneys who participate in delivering “legal” care to individuals and communities.

Includes: Video Audio Slides

Join Stephanie as she explains Medicaid and Medicare mythbusting and challenges common misconceptions about MERP, Medicaid, and Medicare, as well as protecting the home and other assets with Transfer on Death Planning and Couples Planning for Medicaid.

Includes: Video Slides