New Immigration Initiatives Impacting Healthcare: Patient and Employee Obligations, Compliance Strategies

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Wednesday, June 18, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine the new administration's immigration initiatives, including the rescission of the "sensitive locations" policy, that will impact hospitals, clinics, and other healthcare settings. The panel will discuss challenges faced by healthcare providers to maintain obligations to employees and patients required under federal and state laws while under heightened scrutiny by immigration authorities. The panel will offer compliance strategies for healthcare providers and best practices for guiding clients through this legal minefield.
Faculty

Ms. Bibet-Kalinyak is a well-recognized healthcare attorney skilled in navigating complex transactions across the healthcare industry. With deep experience advising physician groups, multistate healthcare organizations, and cutting-edge virtual care platforms, she is a trusted partner in driving transformative deals. Her practice spans private equity-backed acquisitions, hospital and ASC transactions, joint ventures, MSO structuring, and strategic partnerships, all while ensuring regulatory compliance in an ever-evolving landscape. Ms. Bibet-Kalinyak serves as a trusted legal advisor to health systems, telemedicine platforms, physician practices, ASCs, labs, LTC facilities, and individual physicians on a broad range of complex healthcare matters involving corporate, compliance, licensing, fraud & abuse, HIPAA, business alignment, life cycle management, and Medicare/payor matters. Her healthcare practice has over time organically expanded to trans-national business transactions and immigration. Ms. Bibet-Kalinyak brings vast knowledge and experience advising U.S. clients with operations in French-speaking countries as well as companies based in French-speaking countries seeking to expand in the U.S. market. Her employment-based immigration practice handles applications for H-1B, L-1, and TN visas, green cards, U.S. citizenship, and related immigration matters. Ms. Bibet-Kalinyak frequently speaks at national conferences addressing topics such as healthcare mergers and acquisitions, private equity, corporate governance, and regulatory compliance.

Ms. Lee is an experienced health care advisor and litigator. She regularly represents hospitals, medical staffs, medical foundations, ambulatory surgery centers, and health plans in matters relating to peer review from start to finish - from the initial recommended action, to the peer review hearing, to the appeal to the governing body, and to the Writ of Mandate in court. Ms. Lee regularly counsels clients on NPDB and Business and Professions Code 805 Reports, physician credentialing, peer review hearing procedures, state licensing, Medicare certification, Joint Commission accreditation, and EMTALA. She also drafts and revises medical staff bylaws, rules and regulations, and provider services agreements. Ms. Lee is a frequent speaker at various seminars, and in particular, she is an emerging authority on physician well-being committees and physician wellness issues.
Description
Executive orders and enforcement directives from the new administration now allow Immigration and Customs Enforcement (ICE) agents and agents from other divisions of the Department of Homeland Security to enter what have previously been deemed "sensitive locations," including hospitals and clinics, to pursue individuals who lack clear legal immigration status.
Access to sensitive locations was restricted beginning in 2011 subject to limited exceptions. The restrictions granted stricter procedural requirements for ICE to access these locations. This has changed. Counsel and their healthcare provider clients should be prepared for the possibility of enforcement action against patients and employees while remaining compliant with obligations under other federal laws.
For example, while healthcare employers must inquire about a job candidate's work authorization to ensure I-9 compliance in case of an audit, they must still comply with federal anti-discrimination laws that prohibit asking for certain types of information (e.g., specific visa types) or specifying which of the approved documents must be provided for I-9 purposes. And while patient information may be demanded by immigration authorities of healthcare providers, they remain subject to HIPAA's privacy requirements related to disclosure of patients' protected health information.
Listen as our expert panel examines the new administration's immigration initiatives and how these are impacting the healthcare industry, including the challenges created for providers when meeting employee and patient obligations.
Outline
I. Introduction: history of "sensitive locations" restrictions for immigration enforcement activity
II. Immigration enforcement in healthcare settings
A. New administration's enforcement initiatives impacting sensitive locations
B. ICE's limitations in healthcare settings
III. Challenges for healthcare providers
A. Employee impact
B. Patient impact
C. Provider interaction with law enforcement
D. Interplay and compliance with federal law obligations
1. HIPAA
2. EMTALA
3. Medicare
4. Other
E. State and local considerations
IV. Healthcare provider strategies and best practices
A. Preparing for ICE site visits
B. Responding to information requests
C. Other
V. Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- How may the rescission of the sensitive locations policy impact healthcare providers?
- In what ways may the new administration's immigration initiatives create challenges for healthcare providers when meeting other legal obligations to employees? To patients?
- What actions may be taken by healthcare providers to prepare for a possible increase in immigration enforcement in their facilities while remaining compliant with other federal and state laws?
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