BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Health

Date & Time
  • event Date

    Wednesday, October 20, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide healthcare counsel on the use of medical and recreational cannabis in senior care facilities by both residents and staff. The panel will address the conflicting state and federal laws and how providers, owners, and operators can navigate those conflicts. The panel will also discuss the implications of receiving Medicare or Medicaid funding and overcoming the challenges of cannabis use in these facilities.

Faculty

Charlene A. Barker Gedeus
Counsel
Buchanan Ingersoll & Rooney PC

Ms. Gedeus represents private and public employers in labor and employment-related disputes in state and federal courts and before administrative agencies, as well as in the arbitral forum. Experienced in both single-plaintiff matters and class actions, her practice includes defending claims of wrongful termination, discrimination, retaliation, unlawful harassment and hostile work environment claims. She counsels employers from industries as diverse as retail, food service, education and manufacturing. As a complement to her litigation practice, she also provides extensive pre-litigation day-to-day advice and tailored counseling to employers with the objective of preventing and managing litigation risks. She counsels management and Human Resources personnel on a myriad of employment-related issues, including performance management/discipline, workplace accommodations, FMLA compliance, terminations and employment best practices. She also assists employers in developing and implementing employment policies and programs in accordance with state and federal employment laws.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Brian Rath
Counsel
Buchanan Ingersoll & Rooney PC

Mr. Rath has an extensive knowledge of the regulations and his years of experience dealing directly with the state and federal regulators themselves. He guides his clients through the labyrinth of regulations from the development or acquisition of a healthcare facility through its operations, to closure or sale. He counsels clients in data security and privacy to help them meet the unique compliance challenges of HIPAA and the HITECH Act. He also represents his healthcare clients before civil and administrative courts at both the state and federal level. Coupled with his extensive regulatory knowledge, his litigation experience allows him to anticipate potential pitfalls and liabilities in his clients’ operations to avoid entirely, or best prepare for, future court challenges. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Cannabis use in senior care facilities, such as assisted living communities and nursing homes, is gaining popularity, yet poses unique challenges. As more states legalize medical and recreational cannabis use, both residents and staff of senior care facilities could subject providers, owners, and operators to serious enforcement remedies under the Controlled Substances Act (CSA). Nursing homes and assisted living facilities also face complex risk management issues when faced with cannabis use by facilities and staff.

State medical cannabis laws directly conflict with the federal CSA, which identifies marijuana as an unlawful Schedule 1 controlled substance. Further, the U.S. Supreme Court has held that there is no exception to the CSA's prohibitions on using, manufacturing and distributing cannabis for medical necessity. The primary challenge for senior care facilities is navigating the conflict between state and federal law with respect to both operations and employment in states where marijuana is now legal.

Listen as our authoritative panel of healthcare attorneys examines the use of cannabis, both medical and recreational, in senior care facilities. The panel will discuss the conflicting state and federal laws in play, both with respect to regulatory compliance and employment, and how providers, owners, and operators can navigate those conflicts in dealing with its residents and its staff. The panel will discuss best practices for mitigating risk when permitting cannabis use.

Outline

  1. Impact of state legalization of cannabis on employment law applicable to senior care facilities and potential challenges
    • Federal and state law conflicts
    • Implications of receiving Medicare or Medicaid funding
    • Best practices for mitigating risk with respect to cannabis use by staff
  2. Impact of state legalization of cannabis on operations of senior care facilities and potential challenges
    • Federal and state law conflicts
    • Implications of receiving Medicare or Medicaid funding
    • Best practices for mitigating risk when permitting cannabis use by residents

Benefits

The panel will review these and other key issues:

  • What risks do nursing homes and other senior care facilities face if they permit cannabis use among residents?
  • How should senior care facilities address cannabis use among staff members?
  • What are the implications of receiving federal funding on a facility’s decisions regarding cannabis use?
  • What steps can senior care providers take to minimize the risk when permitting cannabis use?