COVID-19: Considerations for Healthcare Facilities Responding to the Pandemic

Level: Intermediate
Runtime: 92 minutes
Recorded Date: March 30, 2020
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• Emergency Declarations
        - Federal
        - State & Local
• 1135 Waivers
        - Florida
        - California
        - New Jersey
• Hospitals 
        - EMTALA (The Emergency Medical Treatment and Labor Act)
        - HIPAA
• Long-Term Care Facilities
        - Visitation Policies
        - Infection Control
        - Inspections
        - Additional Considerations
• Home Health & Hospice
• Reporting Exemptions/Extensions
• Privacy Considerations
        - HIPAA
        - State Laws
• Cybersecurity Concerns
• Response Strategies
        - Telehealth
        - Artificial Intelligence

Runtime: 1 hour, 32 minutes
Recorded: March 30, 2020


Three experienced Health Law attorneys provide guidance for attorneys advising healthcare facilities responding to COVID-19.

This program was recorded on March 30th, 2020.

Provided By

American Bar Association


Hayley Penan

Deputy Legislative Counsel
State of California Office of Legislative Counsel

Hayley Penan is a deputy legislative counsel. She joined the office in 2019.

Ms. Penan is assigned to a branch of the office that handles laws relating to courts, criminal law, estates and trusts, family law, gaming, health and care facilities, health care service plans, health insurance, insurance, juveniles, Medi-Cal, military and veterans, prevailing wage, public health, public social services, vehicles, and workers’ compensation.

Prior to joining the office, Ms. Penan worked as an attorney at the National Health Law Program, where she focused on a wide range of state and federal health law and policy issues impacting low-income and otherwise underserved populations. Prior to that, she served as a Health Policy Fellow at the U.S. House of Representatives Ways and Means Health Subcommittee.

Ms. Penan received her J.D. with honors from the University of California, Irvine School of Law, and a Master’s in Public Health from the Harvard T.H. Chan School of Public Health. She earned her undergraduate degree in Media Studies from the University of California, Berkeley.

Ms. Penan is a member of the California State Bar.

Heather B. Deixler

Latham & Watkins, LLP

Heather Deixler is a corporate counsel in the San Francisco office of Latham & Watkins.

Ms. Deixler counsels public and private companies operating in the healthcare and life sciences industries on transactional and regulatory matters.

Ms. Deixler advises clients on innovative healthcare delivery systems including Medicare Accountable Care Organizations, clinically integrated networks, and IPAs, and other value-based payment programs.

Ms. Deixler is a Certified Information Privacy Professional (CIPP/US and CIPP/E) with a particular focus on health information privacy and security, including compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), and federal and state privacy and information security laws. She works with clients to develop and implement compliance programs and respond to security breaches, advises on regulatory compliance matters related to healthcare privacy and security including online privacy policies and terms of service, and counsels on such issues in healthcare transactions.

Ms. Deixler also counsels companies outside of the healthcare industry on general privacy and security matters, including online privacy and mobile app issues.

Ms. Deixler is Chair of the ABA Health Law Section eHealth, Privacy & Security Interest Group, and Vice-Chair of the American Health Lawyers Association (AHLA) Health Information & Technology (HIT) Practice Group's Educational Programs of the HIT - Tech Licensing and Intellectual Property Affinity Group. She previously served as an Adjunct Professor in the Health Law LLM program at the University of Washington School of Law.

Prior to attending law school she worked as a research technician in a neurophysiology laboratory in Dijon, France, and as a clinical research assistant at the Beth Israel Deaconess Medical Center in Boston.

Lynn M. Barrett

Barrett Law, P.A.

Lynn M. Barrett, President of Barrett Law, is a seasoned healthcare lawyer with significant experience in analyzing federal and state healthcare laws and regulations, particularly related to fraud and abuse, health system operations, medical necessity and billing and coding. She also has significant experience in compliance matters, having served as SVP, Chief Compliance and Ethics Officer for a large health system with an academic medical center.

Before starting her own law firm, Lynn served as General Counsel to a multi-facility health system and has held senior in-house positions in for-profit, non-profit and public health systems. She has also spent many years in private practice providing advice and guidance to a wide variety of healthcare providers including hospitals, physicians, home health agencies, hospice providers, DME providers, labs and nursing homes.

For five years, Lynn was an Adjunct Professor for FIU’s MHA Program and is currently Adjunct Professor at the Maurice A. Deane School of Law at Hofstra University. Lynn is certified in Compliance by the Health Care Compliance Association and is designated as a Certified Compliance Professional by the Health Ethics Trust. She holds leadership positions in the ABA's Health Law Section and the American Health Law Association and frequently speaks and writes on a wide array of health law and compliance topics. Lynn is on the Board of Directors of the Women's Healthcare Executive Network and is a member the Florida Bioethics Network.

Lynn received her J.D. degree from New York University School of Law in 1991 and her B.S. from Carnegie-Mellon University in 1986. She is admitted to practice law in the State of Florida as well as in the State of New York.

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