Healthcare Workers and Vaccine Mandates: Navigating the Evolving Landscape, Implementing and Enforcing Compliance

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Tuesday, March 8, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide healthcare counsel on the evolving landscape of vaccine mandates. The panel will address the enforceability of the current vaccine mandates and the related litigation. The panel will discuss the requirements under federal law and some state and local laws. The panel will offer best practices for healthcare entities in implementing and enforcing policies for compliance with all applicable laws.
Faculty

Ms. Faget advises investors, academic medical centers, physician practices, and consultants on a range of business, legal and regulatory issues affecting the telemedicine industry. She helps companies build and refine corporate compliance programs, including advising clients on regulatory and compliance matters involving the Food, Drug and Cosmetic Act, the False Claims Act, the Anti-Kickback Statute, the AdvaMed Code and the PhRMA Code. She regularly drafts and negotiates agreements required for the development and commercialization of pharmaceutical and medical device products, including licensing agreements, collaboration agreements, clinical trial agreements, and an array services agreements.

Ms. King is a member of the firm’s Health Care Practice Group, and a secondary member of the firm’s Government Enforcement, Defense and Investigations Practice Group. She counsels health care providers including health systems, hospitals, clinician practice groups, durable medical equipment companies, clinical laboratories, and telemedicine companies. Ms. King’s work focuses on advising clients with health care regulatory and compliance matters, conducting internal investigations and defending health care clients with government investigations and enforcement actions, including actions arising out of the False Claims Act, Anti-Kickback Statute, and Stark Law. She also assists health care institutions with responding to allegations of scientific and research misconduct. Ms. King has recently been involved in matters involving alleged provider misuse of COVID-19 relief funds, including funds allocated via the Provider Relief Fund, and Health Resources and Services Administration fund for uninsured individuals.

Mr. Vernaglia is the Department Chair for the firm’s Industry Teams Department, responsible for overall strategy and leadership across all industry teams. Prior to that, he served for eight years as chair of the firm’s Health Care Industry Team. Mr. Vernaglia represents hospitals, health systems and academic medical centers, and a variety of other health care providers. His practice involves regulatory and transactional matters, including Medicare/Medicaid reimbursement compliance advice and appeals; mergers, acquisitions and financings; state regulatory issues including licensing, change of ownership, and CoN/DoN; survey/certification appeals; fraud & abuse/Stark law analyses; managed care contracting; and general corporate and business planning in health care. Mr. Vernaglia serves as Outside Policy Counsel for the Massachusetts Health & Hospital Association. He runs strategic planning programs for senior management and governing boards.

Ms. Bahlinger is a member of the firm’s Labor and Employment Practice Group and the Manufacturing Sector. She represents clients in all aspects of labor and employment matters, including trial strategy, pleadings and motion practice, discovery, mediation, settlement, trial and appeal. Ms. Bahlinger also has experience litigating and presenting complex matters to government agencies, including the EEOC, DOL and NLRB.
Description
The U.S. Supreme Court left in place New York's requirement that healthcare workers be vaccinated against COVID-19 in Dr. A v. Hochul (U.S. Dec. 13, 2021). Twenty healthcare providers sought an exemption from the requirement based on religious grounds. This decision followed a similar rejection in a Maine case in October 2021.
The U.S. Court of Appeals for the Fifth Circuit ordered that the Biden administration's vaccine mandate for healthcare workers resume in several states while an appeal continued forward. The court rejected the administration's request for a stay on a preliminary injunction as to the 14 states that challenged the mandate. However, the court granted a stay on the injunction in the remaining states to which it applied in Louisiana v. Becerra (5th Cir. Dec. 15, 2021).
While the federal mandate is challenged in court, some state and local governments have implemented their own mandates. Healthcare providers need to be aware of the laws that apply and prepare to meet the requirements in an evolving landscape.
Listen as our authoritative panel of healthcare attorneys examines the vaccine mandates as they apply to healthcare providers. The panel will address the enforceability of the current vaccine mandates and the related litigation. The panel will discuss the requirements under federal law and some state or local laws. The panel will offer best practices for healthcare entities in implementing and enforcing policies for compliance with all applicable laws.
Outline
- Vaccine mandates as they apply to healthcare providers
- Enforceability of the current vaccine mandates
- Related litigation and court treatment
- Best practices for implementing and enforcing policies
Benefits
The panel will address these and other key topics:
- What is the status of litigation regarding vaccine mandates?
- What steps should healthcare entities and their counsel take to implement and enforce compliance?
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