eCourses

Health insurers and providers compete with claimants for personal injury recoveries. How do attorneys protect plaintiffs and defendants from subrogation interests and medical liens? The CLE paper covers all state and federal topics (ERISA, worker’s comp, child support, attorney liability, etc.) but the presentation drills down on three big subjects.

Includes: Video Audio Slides

Session 1: Key Trends in Private Company Mergers and Acquisitions - A discussion of trends in private M&A deals including key negotiating points, developments in representation and warranty insurance, the role of an investment bank and related engagement letter terms and recent Delaware caselaw. Session 2: Deal Issues and Trends in Today's Health Market - Economic uncertainty and challenging labor issues may have slowed M&A activity for certain healthcare sectors during the first part of the year, but deal-making is expected to accelerate. This panel discusses industry trends and predictions, as well as important business and regulatory issues when negotiating transactions on behalf of medical groups, hospitals, health plans, technology companies, and private equity funds from both the buyer and seller perspectives. Session 3: Part One: Corporate Transparency Act Regulations - Hear an overview of the Corporate Transparency Act and related regulations and a discussion regarding who is a reporting company, who is a beneficial owner, and what information will be required to be disclosed. Session 4: Part Two: Corporate Transparency Act Regulations and the Practical Implications - A practice-focused review on the implications of the CTA for lawyers who serve or who have served as an organizer of covered entities and what communications and safeguards practitioners can implement now to prepare themselves and their clients for the implementation of the CTA. Session 5: Texas Two-Step: What’s all the Fuss About? - The Texas Business Organizations Code permits a Texas corporation, LLC or limited partnership to merge into itself and thereby divide its assets and liabilities among itself and one or more additional new entities, but may not thereby prejudice the rights of its creditors under existing laws. Delaware permits LLC and limited partnerships (but not corporation) to effect similar divisions. Recently businesses with mass tort liability litigation have used divisive mergers to apportion their assets and liabilities so that the litigation is allocated to a surviving new entity with limited assets, filed for bankruptcy, and the plaintiffs have challenged the actions in courts with mixed results. Hear a summary of the state of play in this zone. Session 6: Structuring Acquisitions and Sales when the Target is an S Corp - Explore popular structuring methods used to acquire businesses operating as an S Corp, including a step-by-step analysis of the tax-free S Corp “F” Reorganization technique whereby a target S Corp is converted into an LLC that is acquired by the purchaser. Alternative structuring options, equity rollovers, and S Corp due diligence issues also will be discussed. Session 7: How Does the Recent NLRB Memo Affect Texas Non-Competes?  - This presentation discusses the Memorandum GC-23-08 issued on May 30th that states, “except in limited circumstances, “the proffer, maintenance and enforcement” of non-compete provisions violates the NLRA because these agreements “reasonably tend to chill employees” in their exercise of Section 7 rights”.

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

A discussion on the 2023 election cycle and healthcare regulatory and legislative hot topics at the Texas and Washington, D.C. levels.

Includes: Video Audio Slides

Discuss the relationship of social determinants of health on health outcomes and the concept of health equity. Describe new requirements for hospitals and health systems regarding the collection and use of these data to improve the health of their patient populations.

Includes: Video Audio

Economic uncertainty and challenging labor issues may have slowed M&A activity for certain healthcare sectors during the first part of the year, but deal-making is expected to accelerate. This panel discusses industry trends and predictions, as well as important business and regulatory issues when negotiating transactions on behalf of medical groups, hospitals, health plans, technology companies, and private equity funds from both the buyer and seller perspectives.

Includes: Video Audio Slides

Session 01: Unionization within the Healthcare Industry: What You Need to Know if Employees Want to Unionize  - Labor unionization efforts have resurged in the US generally, and are happening within the healthcare industry specifically, even in Texas. Learn the legal framework under which employees have the right to organize, rights of employers when employees want to unionize, best practices to use when navigating the formation process, and what to expect when a union is formed. Session 02: Medical Staff, Nursing Staff, and Patient Rights in a Post-COVID Apocalyptic World - As we move past the pandemic into a post-public health emergency world, hospitals are contending with physician and nursing staffing shortages, changing trends in the use of physicians and advanced practice professionals on medical staffs, increasing violence by patients, and regulatory pressures. The speakers discuss these issues and options for responding to them. 

Includes: Video Audio Paper Slides

The federal government and various states continue to investigate and litigate healthcare fraud cases across all sectors of the industry. Hear an overview of the latest trends in enforcement, including insight from a leading government attorney, and learn what the new theories and trends mean for 2023 and beyond.

Includes: Video Audio 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

Even in the ever-changing world of hospital Medicaid reimbursement, the next few years may be unparalleled. In this presentation, the speakers discuss proposed (or probable) upcoming changes to outpatient reimbursement, inpatient reimbursement, the Disproportionate Share Hospital program, the Uncompensated Care program, and the Comprehensive Hospital Increase Reimbursement Program. Of course, no discussion of hospital reimbursement would be complete without pontificating on the method of finance for private hospital supplemental payments.

Includes: Video Audio Slides

Session 01: Managed Care Outlook in 2023: Perspectives from the Public and Private Sectors - The speakers discuss the forthcoming managed care trends of 2023 including a focus on value-based care and alternative payment models, the ongoing effort to address social determinants in our current healthcare landscape, enrollment and coverage issues, and other key topics from industry leaders with strong federal, private, and regulatory backgrounds. Session 02: Managed Care: Arbitration - Hear updates on new trends and issues being raised in arbitrations as defenses or impediments, and how to address them.

Includes: Video Audio Slides

Session 01: Operational Impact of Significant Cases - Take an in‐depth look at the key legal developments and significant cases affecting healthcare operations, including credentialing and liability issues, that impact health systems and other providers. The written materials represent a comprehensive annual survey of noteworthy cases from around the country. Session 02: Operational Issues for Hospitals - Operational issues affecting both large hospital systems and small rural hospitals including in-hospital do-not-resuscitate (DNR) orders, telemedicine, the Hospital at Home model, and other relevant issues.

Includes: Video Audio Paper Slides

A straight-down-the-middle view from the trenches on Dobbs, Title X, and Texas state laws.

Includes: Video Audio Slides

Despite recent efforts by CMS and the OIG to modernize their respective regulations interpreting the Physician Self-Referral Law (aka, the Stark Law) and the federal Anti-Kickback Statute, careful attention is still required to avoid administrative, civil, and criminal penalties arising from these laws. This session provides an update on the Stark and Anti-Kickback landscape, including changes to the Self-Referral Disclosure Protocol, notable enforcement actions, recent advisory opinions, and litigation involving the OIG’s interpretation of the Anti-Kickback Statute.

Includes: Audio Slides

Telehealth took a major leap forward with the flexibilities and waivers associated with the COVID-19 public health emergency. With the PHE ending this year, we look at how providers can plan to transition through the end of the PHE and make telehealth a sustainable and permanent feature of their business.

Includes: Audio Slides

The No Surprises Act is intended to protect patients from unexpected medical bills for care received at out-of-network facilities or for out-of-network providers at in-network facilities. This session provides an overview of the Act, penalties for non-compliance, and guidance for what healthcare providers must do to comply with the Act.

Includes: Video Audio Slides

Session 1: A Lawyer's Duty in a Democracy Under Attack - An examination of lawyers' duty to support the Constitution and democratic principles when they are being challenged.  Session 2: What the Surviving Spouse Needs to Do, and What to Do if They Don’t - A practical discussion of the steps a surviving spouse can or should take when their spouse dies and what to do later if those steps are not taken. Session 3: Medical Staff, Nursing Staff, and Patient Rights in a Post-COVID World - As we move past the pandemic into a post-public health emergency world, hospitals are contending with physician and nursing staffing shortages, changing trends in the use of physicians and advanced practice professionals on medical staffs, increasing violence by patients, and regulatory pressures. The speakers discuss these issues and options for responding to them. Session 4: Artist Rights: The Future of the Copyright Royalty Board for Songwriters - ​This panel discusses the history and future of the U.S. Copyright Royalty Board, the federal agency that sets the royalty rate for the government’s compulsory licenses for songs and webcasting among other. Session 5: Workers’ Comp 101: The Basics of the Workers’ Compensation System in Texas - An overview of the Workers’ Compensation System outlining the responsibilities of insurance carriers, employers, and self-insureds in the administration of work injuries in Texas.

Includes: Video Audio Paper Slides

Session 1: Medicaid Update - Latest developments affecting planning and applications for Medicaid to pay for nursing home care and home care, including policies exempting certain retirement accounts from countable assets, how to deal with barriers to Medicaid home care, and status of Lady Bird Deeds and Transfer on Death Deeds Session 2: Overview of Medicaid Planning - What non-elder law attorneys need to know about planning for long-term care.  Session 3: The View from 30, 000 feet – Medicaid Myths All Attorney's Should Know - 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. Session 4: 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 5: 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 6: 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 7: Alternatives to Guardianship Including Support Services - Exploring the range of supports and services and alternatives to guardianship and a decision tree to determine the necessity of a guardianship in the continuum of care, including an update on capacity assessment tools. Session 8: Out of the Woodwork: Unethical Practices by Geriatric Professionals - With the increase of an aging population, comes an increase in service providers willing and wanting to help older adults. Not every professional has the client's best interest in mind. A summary of professionals that may take advantage of clients and how to spot them will be discussed, as well as what type of credentialing the professionals should have. Session 9: 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

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

Session 1: Lessons From the Kennedy Assassination for Cross-Examination - If ever there was an event about which witnesses should have agreed, the assassination of President John F. Kennedy was that event, but the eyewitnesses could not agree about even the most basic details of what happened in plain view in Dealey Plaza. Why and how do eyewitnesses fail to remember correctly even the most basic details of what they observed? What can trial lawyers learn from discrepancies in witness accounts of famous historical events, including the Kennedy assassination and the sinking of the Titanic?  Session 2: Texas’ Mental Health System: Overview and Local Solutions to Address Gaps - Hear an overview of the public mental health system in Texas and programs developed through the Southwest Texas Regional Advisory Council’s Crisis Collaborative. Examine the legal basis for this system, the roles of each type of facility, points of access, and funding. Learn how efforts to implement collaborative, local solutions at the cross-payor level have addressed crisis responses and are now attempting to move upstream to address access to care before mental health crises arise. Session 3: Insights into Cryptocurrency for Nonprofits - Join Armanino’s digital assets and nonprofit experts to learn about market trends in cryptocurrency; Bitcoin and how it can diversify your organization’s investment portfolio; and cryptocurrency opportunities for nonprofit organizations. Session 4: Gun Rights: An Overview of the Rights of Landlords and Tenants -  Session 5: Approaches to Privilege During Deposition Breaks - In an age of Zoom depositions, it is more important than ever to understand that different jurisdictions take different approaches the question of privilege during deposition breaks, with some disallowing any privilege at all once the deposition commences and others taking a more nuanced approach. Join Jason Boulette as he explores these different approaches, what they share in common, and where they differ sharply.

Includes: Video Audio Paper Slides