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Robin Nagele, Andrea Kirshenbaum, and Elizabeth Hein Present at PBI's 2020 Health Law Institute on March 11 and 12

Robin Locke Nagele, Andrea M. Kirshenbaum, and Elizabeth M. Hein presented in separate presentations at the Pennsylvania Bar Institute's (PBI) 2020 Health Law Institute on March 11th and 12th. The annual event took place at the Pennsylvania Convention Center, 12th & Arch Streets in Philadelphia, PA.

On March 11, 2020, Ms. Nagele presented, "Telehealth 360." The presentation examined telemedicine's enormous capability to increase quality, efficiency, and access to care, and its implementation challenges, including:

  • Evolving state licensure issues, CMS, and accreditation requirements for credentialing, privileging, and peer review.
  • The related federal and commercial reimbursement environment.
  • Fraud and abuse issues in developing telemedicine service arrangements.
  • Regulatory, accreditation, and business issues arising out of the use of APPs in telehealth.

On March 12, 2020, Ms. Kirshenbaum co-presented, "Managing Employment Challenges in the Age of the Opioid Epidemic.". The discussion focused on challenges associated with opioid use and abuse among health care employees, including:

  • Suspected diversion and impairment at work.
  • When and under what circumstances institutions and licensees must report individuals to state and federal authorities. 
  • Guidance on approaching providers under these delicate circumstances while mitigating the risks of claims under the Family and Medical Leave Act (FMLA) and laws prohibiting disability discrimination.

On March 12, 2020, Ms. Hein co-presented, "Navigating the Dilemma of Medical Marijuana: Practical Guidance for Facilities." Medical marijuana is currently legal in 33 states, including Pennsylvania and New Jersey. Despite the rapid expansion of state programs, the federal government has not changed its position on marijuana’s Schedule I status under the CSA. The conflict between state permission and federal prohibition leaves health care facilities reliant on Medicare and Medicaid funding in a difficult position. The presenters focused on practical guidance for health care facilities balancing the conflicting dictates of the state and federal regimes.