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We Can Neither Confirm Nor Deny:

Avoiding Compliance, Regulatory and HR Legal Pitfalls

0 CE Hours

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This will be a fast-paced, interactive discussion about the unique legal challenges faced by mental health, addiction, and holistic wellness providers in dealing with complex confidentiality and human resource issues. We will examine legal considerations faced by substance abuse treatment and mental health providers from records requests to unique HR considerations to issues organizations considering affiliations and reorganizations should prioritize. The regulatory and legal framework that guides behavioral health and substance use treatment providers will form the basis of this presentation. Leaders from Barclay Damon’s Labor & Employment, Corporate, and Health Care Practice Areas will provide the foundational legal knowledge necessary to navigate the complex regulatory, HR, confidentiality, and corporate requirements of providing behavioral health and wellness services.

Learning Objectives

At the end of this course, participants will be able to:

  • Examine current legal challenges facing mental health, addiction, and holistic wellness providers in an ever-evolving regulatory framework.

  • Provide an overview of legal developments and trends in employment, health care, and corporate and not-for-profit law.

  • Prepare attendees to assess their workforce wellness, including the strengths and weaknesses of their staff and policies.

  • Provide attendees with the skills and knowledge to examine their current confidentiality practices, policies and procedures.

  • Highlight legal considerations for organizations considering affiliations, mergers, and other reorganizations.

  • Workshop Begins
  • Workshop Ends
Lizz Acee, J.D.

Lizz serves on the firm’s Management Committee as managing director of major markets, overseeing the Boston, New Haven, New York, Newark, and Washington DC offices. With over two decades of experience practicing employment law, Lizz focuses her practice on employment and business litigation, internal investigations, and employment counseling. She is an efficient, effective litigator, routinely defending employers in a wide range of industries, including higher education, health care, biotech, manufacturing, retail, hospitality, and finance, against the full range of individual discrimination and contract lawsuits. Lizz’s counsel also extends to employment-related tort claims, including defamation, tortious interference, and misappropriation of trade secrets, as well as contract claims involving non-competition, non-solicitation, and other employment agreements. In addition to litigating, Lizz regularly leads high-profile internal investigations for employers related to all aspects of workplace misconduct. She also has extensive experience advising and representing private schools, colleges, and universities in a variety of employment-related matters, Title IX compliance, and conducting investigations involving both student and faculty misconduct. Lizz also partners with her employer clients to help reduce their litigation vulnerabilities by providing day-to-day strategic counsel on issues ranging from employment policies to executive and employment agreements to employment issues related to successful corporate transitions and restructurings. She regularly protects clients’ interests before the US Equal Employment Opportunity Commission (EEOC) and state workforce agencies across the country.

Jamie Dughi Hogenkamp J.D., MSW

A former law clerk to Judge Michael Garcia at the NYS Court of Appeals, Jamie concentrates her practice on counseling health care and human services providers regarding regulatory and compliance matters, including advising clients on not-for-profit corporate governance, compliance programs, administrative audits and investigations, self-disclosures, HIPAA compliance and policies and procedures, licensure issues, and other legal matters. Jamie also has extensive experience handling corporate transactions, including reorganizations, mergers, and affiliations for not-for-profit entities.

Andy Oppenheimer, J.D.

Andy is a seasoned tax and transactional lawyer who focuses his practice on cross-border and domestic tax and corporate matters involving partnerships, limited liability companies, and corporations. He advises business clients in a wide range of commercial transactions, including mergers and acquisitions, domestic and cross-border financings, restructurings, reorganizations, and spinoffs. He also represents clients in tax controversy disputes with the Internal Revenue Service. Andy is the Tax Practice Area co-chair. In addition to his practice, Andy is an adjunct professor at the University of Albany, where he teaches international tax in the school’s master’s degree program in taxation. He also co-taught a cross-border capstone course at the University at Buffalo School of Law. Andy often speaks and writes on various federal and international tax matters.

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