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Structured Negotiation and Health Law: Cost Effective Dispute Resolution for Win-Win Results


Level: Advanced
Runtime: 92 minutes
Recorded Date: April 26, 2018
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Agenda


  • What is Structured Negotiation?
  • Origin and First Cases
  • Healthcare Application
  • Elements
  • Why is Structured Negotiation Works
Runtime: 1 hour and 32 minutes
Recorded: April 26, 2018

Description

Structured Negotiation is a dispute resolution method that has been highly successful in resolving legal claims in health law without the expense, conflict, and negative publicity of litigation. For close to two decades, Structured Negotiation has been used by disability rights and health law lawyers on a host of health care issues without lawsuits. Issues that have been resolved in Structured Negotiation include talking prescription labels for blind pharmacy customers; access to medical equipment for wheelchair users in hospitals and clinics; access to eye care and dental equipment for wheelchair users; and access to health care websites, apps, print information, medical records and kiosks.

Anthem, Inc., Humana, Cigna, Kaiser Permanente, Mass General, Presence Health, CVS, Walgreens, and Aspen Dental are among healthcare organizations that have said “yes” to Structured Negotiation. These entities have traded the stress, conflict, negative publicity, and expense of litigation for a dispute resolution process that focuses on true problem-solving and relationships.

Join two of the country’s leading disability rights lawyers for a discussion of Structured Negotiation and its application to accessible health care and beyond.

This program was recorded on April 26th, 2018.

Provided By

American Bar Association
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Panelists

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Andres Gallegos

Shareholder
Robbins, Salomon & Patt, LTD.

Andr?s is a shareholder with the law firm of Robbins, Salomon and Patt, Ltd., in Chicago, Illinois, where he focuses his practice on disability rights and healthcare law. Andr?s founded and directs the law firm’s disability rights practice and its 7-year old initiative to improve access to healthcare and wellness programs for persons across all types of disabilities. Through Andr?s’ direction and leadership, a three prong approach of education (for consumers and providers), advocacy, and, when required, litigation, is used to attain accessible healthcare services for persons with disabilities and effectuate systemic change. Andr?s currently leads his firm’s collaboration efforts with a number of healthcare systems to ensure that persons across all types of disabilities receive the equal opportunity to benefit from their services. He has written numerous articles for national and state professional healthcare and legal organizations on matters relating to the application of the Americans with Disabilities Act, the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act to healthcare providers, and is a frequent lecturer on that subject. Andr?s is the 2015 recipient of the Paul G. Hearne Leadership Award from the American Association of People with Disabilities.

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Matthew R. Fisher

Partner
Mirick, O'Connell, DeMallie & Lougee, LLP

Matt is a partner and the chair of the firm's Health Law Group and a member of the firm's Business Group. Matt focuses his practice on health law and all areas of corporate transactions.

Matt's health law practice is wide-ranging and includes advising clients with regulatory, fraud, abuse, and compliance issues. With regard to compliance matters, Matt advises clients to ensure that contracts, affiliation and coordination agreements and other business arrangements meet both federal and state statutory and regulatory requirements. Matt’s regulatory advice focuses on complying with the requirements of the Stark Law, Anti-Kickback Statute, fraud and abuse regulations, licensing requirements, HIPAA, the Medicare program, and the Sunshine Act. Matt also advises clients on compliance policies to develop appropriate monitoring and oversight of operations.

Matt is the co-chair of the American Bar Association’s Health Law Section's Distance Learning Committee and a vice-chair of the EMI Planning Committee and Marketing Committee. Matt received an ABA presidential appointment to a 3-year term as vice-chair of the Standing Committee on Technology and Information Systems.

In addition, Matt represents clients in all stages of business transactions, from formation, contract review, and preparation, mergers and acquisitions.

Matt assists clients of all sizes from small closely held companies to large multinational companies. Matt has been named a Massachusetts “Super Lawyer” by Boston magazine and Law & Politics every year since 2013. In 2011 and 2012, Matt was named a Massachusetts "Rising Star" by Boston magazine and Law & Politics.

Matt was selected among the 2014 class of the Worcester Business Journal’s 40 Under Forty.

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Lainey Feingold

Principal
Law Office of Lainey Feingold

Lainey represents disabled people seeking full participation in all society has to offer. Her principal work is with the blind and visually impaired community on technology and information access issues, including web and mobile accessibility.

Along with co-counsel, she has developed Structured Negotiation, an alternative to filing a lawsuit that emphasizes collaboration and focuses on solution. Using this method, Lainey and her co-counsel have negotiated more than 60 settlement agreements without filing a single lawsuit. She has negotiated these agreements with some of the largest organizations in the United States, including American Express, the City and County of San Francisco, Bank of America, Weight Watchers, CVS, Wal-Mart, Major League Baseball, and Wells Fargo Bank.

In addition to handling her own cases in Structured Negotiation, Lainey assists attorneys across the United States who want to learn the alternative dispute resolution process.

Lainey has long worked with the blind community nationally in successful efforts to obtain Talking ATMs, accessible websites and mobile applications, tactile point of sale devices, accessible (audible) pedestrian signals, talking prescription labels, audio description equipment, and alternative formats including braille, audio, electronic and large print.

In addition to her work with the blind community, she has resolved numerous other cases on behalf of persons with disabilities, including national class actions against Shell and Chevron resulting in ADA implementation at over 5,000 service stations across the country.

Lainey was a founding steering committee member of the Disability Rights Bar Association (DRBA), a national organization of disability rights lawyers.


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