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- Lori C. Ferguson
Intro
Lori focuses her practice on helping clients resolve health care-related disputes. She guides medical staffs through difficult situations involving credentialing and privileging issues, handles fair hearings, and represents hospitals in both federal and state lawsuits involving medical staff issues. She regularly represents assisted living communities, skilled nursing facilities, continuing care retirement communities, senior living communities, and various health care providers in civil, administrative, and regulatory proceedings involving a wide range of issues, including resident discharges and evictions, federal deficiency and state citation appeals, and licensing actions. Her experience includes physician contracting and navigating issues pertaining to health care fraud and abuse laws. Lori's skills in managing and resolving disputes carry over to her work as a medical staff hearing officer and as a mediator and arbitrator.
Areas of Focus
Education
Admissions and Courts
Role
Intro
Lori focuses her practice on helping clients resolve health care-related disputes. She guides medical staffs through difficult situations involving credentialing and privileging issues, handles fair hearings, and represents hospitals in both federal and state lawsuits involving medical staff issues. She regularly represents assisted living communities, skilled nursing facilities, continuing care retirement communities, senior living communities, and various health care providers in civil, administrative, and regulatory proceedings involving a wide range of issues, including resident discharges and evictions, federal deficiency and state citation appeals, and licensing actions. Her experience includes physician contracting and navigating issues pertaining to health care fraud and abuse laws. Lori's skills in managing and resolving disputes carry over to her work as a medical staff hearing officer and as a mediator and arbitrator.
Areas of Focus
Education
Admissions and Courts
Role
Health Care Litigation Practice Leader
Medical staffs. Represents medical staffs in peer review and fair hearing proceedings involving medical staff members challenging proposed disciplinary actions.
Hospital. Advises hospital governing body on its role on credentialing and privileging issues.
Senior living communities. Guides senior living communities through regulatory and litigation hurdles regarding resident transfers and discharges.
Hearing Officer/Neutral. Serves as neutral hearing officer, mediator, and arbitrator in medical staff and health care matters.
State Bar of California
California Society for Healthcare Attorneys, Membership Committee
California Association of Medical Staff Services
California Association of Health Facilities
California Assisted Living Association, Public Policy Committee and Legal Subcommittee
American Arbitration Association National Roster of Arbitrators, Panelist
"Creating Success for Clients," Comstock's Magazine (March 2021)
"What Senior Living Providers Need to Know About New Eviction Moratorium in California," Senior Housing News (September 2020)
Sacramento Magazine, Top Lawyer (2015-2016, 2019)
Super Lawyers, Health Care; Civil Litigation (2011-2018, 2021-2023)
Order of the Coif
"Terminating an RCFE Residency: The Termination Notice," co-author, California Assisted Living Association (October 2024)
"Federal Court Dismisses Case Against Assisted Living Community Under PREP Act Immunity," California Assisted Living Association Legal Update (February 2021)
"New Federal and State Moratoria on Evictions Aim to Protect Tenants Unable to Pay Rent and Other Fees Because of Financial Hardship Due to COVID-19," co-author, California Assisted Living Association Legal Update (September 2020)
"District Court Orders CMS in Jimmo Settlement to Implement Maintenance Coverage Standard for SNF Services," co-author, AHLA Member Alert (February 2017)
"Impact of Recent Supreme Court Arbitration Decisions on Enforceability of Health Care Arbitration Provisions in California," Litigation Alert (March 2012)
"Bill Would Alter Legal Landscape for Nursing Home Arbitration Agreements," Nursing Home Litigation Reporter (September 2008)
"The Medical Staff’s Response to Criminal History, Arrests, Prosecutions, and Convictions," CAMSS 53rd Annual Education Forum (May 2024)
“Responding to Concerns of Medical Staff Member Substance Abuse and Diversion,” CAMSS San Fernando Valley Ventura County Chapter (March 2024)
"Dealing with Challenging Families," co-presenter, California Assisted Living Association Fall Conference (June 2023)
"Acuity Creep: Causes, Implications, and How to Respond," LeadingAge Annual Conference (May 2023)
"Ask the Attorneys," California Assisted Living Association Fall Conference (November 2022)
“Recent Legal/Regulatory Updates Affecting Medical Staff,” CAMSS Mid-Valley Chapter Legal Seminar (September 2022)
"The Ins and Outs of Physician Behavior Agreements," CAMSS Desert Chapter Education Seminar (August 2022)
“Responding to Concerns of Medical Staff Member Substance Abuse and Diversion,” CAMSS Desert Chapter Education Seminar (August 2022)
“Strategies for Resolving Resident Concerns,” co-presenter, LeadingAge Annual Conference (May 2022)
"Managing Peer Review Confidentiality: Strategies for Responding to Requests for Access from the Governing Body and Administration," CAMSS (May 2022)
“We Have A Telemedicine Program, What the Heck Do We Do Now?” co-presenter, CAMSS Mid-Valley Chapter (December 2021)
“Recent Legal/Regulatory Updates Affecting Medical Staff,” CAMSS Mid-Valley Chapter Legal Seminar (September 2021)
“Developing a Late-Career Practitioner Policy,” CAMSS 50th Annual Education Forum (July 2021)
“Responding to Concerns of Medical Staff Member Substance Abuse and Diversion,” California Association Medical Staff Services/50th Annual Educational Forum (June 2021)
“Liability and Immunity in the Age of COVID-19,” LeadingAge California (May 2021)
“Navigating Challenging Issues Related to Ending RCFE Residencies,” LeadingAge California (May 2021)
“Beginning & Ending Residencies: Navigating Challenging Issues” co-presenter, California Assisted Living Association, Fall Forum (October 2020)
"The Ins and Outs of Physician Behavior Agreements," California Association Medical Staff Services 2020 Education Series (August 2020)
“Medical Staff Legal Update,” CAMSS Mid-Valley Chapter Legal Seminar (September 2019)
“To Report or Not To Report? Exploring Mandatory Reporting Requirements Under State and Federal Law,” co-presenter, California Association Medical Staff Services 48th Annual Education Forum (May 2019)
"Navigating the Transfer/Discharge Process," LeadingAge CA 2019 Conference and Exposition (May 2019)
“Ask the Attorneys Panel,” co-presenter, LeadingAge CA 2019 Conference and Exposition (May 2019)
“Fair Hearings and other Medical Staff Issues,” co-presenter, Sacramento County Bar Association Health Section (November 2018)
"Resident Evictions: Following the Rules and Avoiding Pitfalls" co-presenter, California Assisted Living Association Fall Conference (November 2018)
“Navigating Challenging Family Dynamics” co-presenter, California Assisted Living Association Fall Conference (November 2018)
"Legal Issues Related to Board Certification," California Association Medical Staff Services Annual Forum (May 2018)
"Resident Evictions: Following the Rules and Avoiding Pitfalls," LeadingAge CA Annual Conference and Exposition (May 2018)
"Medical Staff Legal Update," CAMSS Mid-Valley Chapter Legal Seminar (October 2017)
"Developing Overall Strategies for Defense of Regulatory Enforcement and Civil Lawsuits Arising from Same Events" co-presenter, California of Health Facilities (July 2017)
"Resident Evictions: Following the Rules and Avoiding Pitfalls" co-presenter, California Assisted Living Association Spring Conference (June 2017)
"Arbitration Under Attack: Implications for Senior Living" co-presenter, LeadingAge CA Public Policy Summit (March 2017)
“Strategies for Managing Disruptive Physician Behavior,” CAMSS Mid-Valley Chapter Seminar (September 2016)
"The Scope and Protections of Evidence Code Section 1157," CAMSS Bay Area Chapter (November 2015)
"SB 337," CAMSS Mid-Valley Chapter (November 2015)
"Medical Staff Legal Update," CAMSS Legal and Regulatory Seminar (September 2015)
"Legal Update: What's New in Medical Staff Law and How to be Ready for It," co-speaker, California Association Medical Staff Services 44th Annual Education Forum (May 2015)
“Medical Staff Issues for Employed Physicians," California County Counsels’ Association Health & Welfare Conference (November 2014)
“What to Expect from a Medical Staff Hearing,” California Association Medical Staff Services Mid-Valley Chapter Meeting (October 2014)
“Responding to Threats - Don't Wait Till It's Too Late!” co-presenter, California Assisted Living Association Spring Conference and Trade Show (June 2014)
“The Meaning of Investigation in Peer Review Matters and Privileges, Immunities, and Pitfalls in Peer Review,” co-speaker, California Association Medical Staff Services Annual Forum (May 2014)
"Business & Professions Code Section 805.01," California Association Medical Staff Services Mid-Valley Chapter Meeting (April 2014)
“Medical Staff Bylaws: Pitfalls and Best Practices,” co-speaker, California Association Medical Staff Services (October 2013)
“Fair Hearings for the Allied Health Professional,” co-speaker, California Association Medical Staff Services (October 2013)
“How to Decipher Public Information Available on the Medical Board of California License Lookup System,” Mid-Valley Chapter (April 2013), CAMSS Redwood Empire Chapter (June 2013), Bay Area Chapter (June 2013)
"A Practical Approach to Legal Issues—Aging & Re-Entry Practitioners; Court Orders, Arrests and Probation Outside the Medical Arena," co-speaker, California Association of Medical Staff Services (November 2012)
"Late Career Physicians: The Pros and Cons of Adopting a Policy Triggered by a Physician’s Age," co-speaker, National Association Medical Staff Services (September 2012)
“Medical Staff Leaves of Absence: Best Practices,” co-presenter, California Association Medical Staff Services, Bay Area Chapter (August 2012)
“Ask the Expert Panel Discussion,” panelist, California Association Medical Staff Services, Mid-Valley Chapter Credentialing Seminar (June 2012)
"A Medical Staff/Human Resources Psychodrama and Vignette: How to Conduct a Medical Staff Investigation of Allegations of Disruptive and Unprofessional Conduct Without Demoralizing the Medical Staff Leadership for the Next Ten Years," co-speaker, California Association Medical Staff Services, 41st Annual Education Forum (May 2012)
"End-of-Life Planning in Health Care Reform Era," co-speaker, LeadingAge CA, CA DON Certificate Program Webinar (January 2012)
"Elder Abuse: Risks, Prevention, and Response," CALA Fall Conference and Trade Show (October 2011)
"Dealing with Aging Physicians," co-presenter, California Association Medical Staff Services, Bay Area Chapter (October 2011)
"Elder Justice Act of 2009," Delta Chapter of CAHF (October 2011)
"Physician Behavior Contracts," California Association Medical Staff Services, Bay Area Chapter (June 2011)
"SB 700: New Reporting and Other Requirements Medical Staffs Face Under the New Law," California Association Medical Staff Services, Bay Area Chapter (April 2011)
"SB 700: New Reporting and Other Requirements Medical Staffs Face Under the New Law," California Association Medical Staff Services, Yosemite Chapter (April 2011)
"SB 700 and Its Implications for Your Medical Staff," California Association Medical Staff Services, Mid-Valley Chapter (February 2011)
"The Elder Justice Act of 2009," California Association of Health Facilities, Sacramento Chapter (February 2011)
"How Health Care Reform May Impact Medical Staff," California Association Medical Staff Services, Mid-Valley Chapter (November 2010)
"Elder Abuse: Do You Really Understand the Risks?" California Association of Adult Day Services Annual Conference (November 2010)
"Elder Justice Act," American Health Lawyers Association webinar (November 2010)
"Recent Developments in Alternative Dispute Resolution: Are your arbitration agreements ironclad?" Association of Corporate Counsel, Sacramento Chapter (September 2010)
"Medical Staff Legal and Regulatory Update," CAMSS Mid-Valley Chapter Seminar (September 2010)
"Elder Abuse: Do You Really Understand the Risks?" CAADS Spring Conference (May 2010)
"What To Do When You Anticipate or Receive a Lawsuit," CAHF DD Symposium (May 2010)
"Staying Away from the Courthouse: Tips for Avoiding Resident Lawsuits," California Association of Health Facilities (January, March, June 2010)
"EMTALA: Key Issues Emergency Departments and On-Call Physicians Face," Schwartz/Levy Inn of Court (March 2010)
"Responding to Incidents at Long-term Care Facilities," California Association of Health Facilities Spring Conference (April 2008)