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Session 12 | Residents’ Rights and Advance Directives

Day: Monday, July 27
Time: 10:00 to 11:30 a.m.
Type/Topic: Operations/Regulatory/Legal Compliance

Session Summary

This session will cover residents' rights to a dignified existence, including their right to self-determination and the ability to communicate freely with, and access, individuals and services both within and outside the facility, as protected under federal and state law. It will also address resident autonomy, the distinction between competency and capacity, and the processes used to determine incapacity. The presenters will review advance directives, effective communication with a designated health care surrogate or agent, and how to respond to noticeable cognitive decline in the absence of a formal determination of incompetency and examine facility policies and procedures related to protecting resident rights and managing advance directives.

Sponsored by American Health Advantage of Florida.


Presenters

Susan St. John

Partner | Garfunkel Wild, P.C.

About the Presenter

Susan L. St. John is a partner at Garfunkel Wild based out of our Florida office. Having served as a health care financial consultant and Medicare Auditor before becoming a lawyer, Susan brings over 30 years of health care experience to clients on business planning, tax law, health care compliance, mergers and acquisitions, commercial transactions and health care regulatory matters.

David Traskey

Partner | Garfunkel Wild, P.C.

About the Presenter

David is the co-head of the Washington, D.C. office of Garfunkel Wild, P.C., a nationally recognized law firm that specializes in meeting the business and legal needs of its clients in the health care industry. Previously, David was Senior Counsel at the U.S. Department of Health and Human Services, Office of Inspector General. His practice focuses on fraud and abuse issues, including matters arising under the False Claims Act, the Civil Monetary Penalties Law, the Anti-Kickback Statute, and the Stark Law. He also counsels clients on health care reimbursement, risk mitigation and compliance strategies, investigations and audits, overpayments, and self-disclosures. He is also a Certified Fraud Examiner.