NASP hosts CLE Webinar for Healthcare Attorneys

NASP is pleased to announce that it will host a one-hour webinar on legal ethics for its member attorneys practicing in the healthcare sector. The webinar “Advising a Pharmacy on Compliance Issues: Ethics Concerns,” will be presented by Jeff Baird, Chairman, Health Care Group at Brown & Fortunato and NASP Legal Committee co-chair.

The webinar, scheduled for Tuesday, February 21 from 6-7:00 PM ET, is described in the following educational announcement:

Description – Health care attorneys are in a unique place. When they advise health care providers (e.g., pharmacies), there are civil implications, potential criminal implications, and there are ethical challenges. This program will discuss (i) ethical challenges that health care attorneys face and (ii) steps to address the challenges. Specifically, the program will discuss factual scenarios pertaining to the following ABA Model Rules of Professional Conduct: 

• Rule 1.1 – Competence – Health law is multi-faceted. An attorney may be competent in handling acquisitions and other transactions, but may not have the knowledge base to advise a client on e.g., Stark issues.

• Rule 1.2 – Scope of Representation and Allocation of Authority Between Client and Lawyer – If an attorney is handling an acquisition for a client, is the attorney expected to examine the acquisition target’s business model for e.g., kickback, Stark and inducement issues?

• Rule 5.5 – Unauthorized Practice of Law; Multijurisdictional Practice of Law – With today’s technology, it is easy for an attorney in one state to work with clients in other states. A number of states have adopted the Uniform Practice of Law (“UPL”) that removes many of the obstacles to out-of-state attorneys representing clients in those states. However, an attorney who is not licensed in a state that has not adopted the UPL will likely face obstacles to representing clients in those states.

• Rule 1.7 – Conflict of Interest: Current Clients – A successful health care attorney will likely have multiple clients, including those that may compete with each other. In representing a client, it is important that the attorney not take action that may potentially harm another client.

• Rule 1.6 – Confidentiality of Information – All attorneys understand the importance of maintaining confidentiality. And yet, an attorney may face the scenario in which a client rejects the attorney’s advice and proceeds on a path that the attorney believes will violate a criminal law. What is the attorney’s obligation at that point?

• Rule 1.13 – Organization as Client – The attorney’s main contact with a company is often a CEO, President, or some other officer. The attorney’s client is the company, not the individual officer. If the company is the subject/target of government fraud investigation resulting (at least in part) by the actions of the attorney’s contact, the attorney must be careful to represent only the company…not the individual contact. 

For more information and to register, please click here.

View the speaker biography, here.

CLE Information: 1.0 ethics Continuing Legal Education (CLE) credit will be applied for in all applicable U.S. jurisdictions after the event. Participants seeking CLE credit must be logged in, participating from their own device, and complete the electronic CLE form provided in the course materials. Please be sure to include the attendance verification code that will be announced during the presentation, regardless of which jurisdiction you are licensed in. CLE credit will be provided only to those who return the form with the proper code.

Please note: NASP webinars are available to NASP members only and are designed to keep pace with important developments in our dynamic and rapidly changing industry.  Not a member? Join here.