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Powers of the Health Officer in the Era of COVID-19 the Health Lawyer VOLUME XL, ISSUE 3, FALL 2020 A Publication of the California Society for Healthcare Attorneys EDITOR’S NOTE / ANNOUNCEMENTS 1 NEW MEMBERS / MEMBER NEWS 2 ARTICLES Powers of the Health Officer in the Era of COVID-19 Katherine Broderick ............................................... 3 The Health Lawyer Toolkit: Time for a Bylaws Checkup? Corinne H. Gartner ............................................... 7 What About the Economy Case?: Continued Questions About its Applicability One Year Later. Rebecca Hoyes ........................................................ 11 Getting to Know... David Johnson .......................................... 14 Appellate Case Summaries H. Thomas Watson & Peder K. Batalden ......... 16 ACKNOWLEDGEMENT OF EDITORS 25 Sara Hersh IMMEDIATE PAST-PRESIDENT Nelson Hardiman, LLP Lisa Matsubara Los Angeles Planned Parenthood Affiliates of California Sacramento David Johnson Molina Healthcare, Inc. CHIEF FINANCIAL OFFICER Long Beach Martha Ann Knutson Suzan Vida Konell County of Riverside California Health Law News (CHLN) is a quarterly Dignity Health Riverside publication of the California Society for Healthcare Pasadena Attorneys (CSHA). The mission of CHLN and the CSHA EXECUTIVE DIRECTOR/SECRETARY Publications Committee is to publish articles that are Sarvnaz (Miriam) Mackin Lois J. Richardson interesting and useful to health lawyers practicing Nelson Hardiman, LLP California Hospital Association in California. While the Publications Committee Los Angeles Sacramento strives to ensure that CHLN articles provide accurate and authoritative information regarding the subject Samuel R. Maizel DIRECTORS AT LARGE matters covered, the information is provided with Dentons US, LLP Carlo Coppo the understanding that neither CSHA nor CHLN Los Angeles Attorney at Law contributors are engaged in rendering legal services. Contributors to CHLN are not agents of CSHA and Lisa Matsubara Benjamin A. Durie the opinions and positions stated in CHLN articles Planned Parenthood Affiliates of California Hooper, Lundy & Bookman, P.C. are those of the authors and not of CSHA, its staff, the Sacramento CHLN editors or Publications Committee members. San Francisco Lois J. Richardson Brandie J. Gasper CO-EDITOR California Hospital Association Molina Healthcare Benjamin A. Durie Sacramento Hooper, Lundy & Bookman, P.C. Long Beach San Francisco Brendan O. Sanchez Scott C. Kessenick The Permanente Medical Group, Inc. CO-EDITOR Oakland Kessenick Gamma & Free, LLP Martha Ann Knutson San Francisco County of Riverside Arielle Tokorcheck Samuel R. Maizel Riverside Kaiser Permanente Oakland Dentons US LLP Los Angeles BOARD OF EDITORS Karen Weinstein Katherine Broderick MemorialCare Health System Dayna Nicholson San Mateo County Counsel Fountain Valley Davis Wright Tremaine LLP Redwood City Los Angeles Kathryn Coburn Adam Wentland Murphy Cooke Kobrick LLP Theodora Oringher PC Brendan Sanchez Santa Monica Costa Mesa The Permanente Medical Group, Inc. Oakland Andrea Frey 2020-2021 BOARD OF DIRECTORS Hooper, Lundy & Bookman, P.C. PRESIDENT Felicia Y. Sze San Francisco Melissa Borrelli Athene Law, LLP San Francisco Andrew Goodman Mazars USA LLP Novian & Novian Sacramento STAFF Los Angeles PRESIDENT-ELECT Mahsa Farahani Carla J. Hartley Brian M. Taylor Program & Operations Manager Dillingham & Murphy, LLP Boutin Jones, Inc. California Society for Healthcare Attorneys San Francisco Sacramento Sacramento EDITOR’S NOTE good health of all. Many of us are working One thing hasn’t changed in 2020 – you and “remotely” from home based “offices” and your colleagues have continued to contribute only occasionally venturing out for in-person articles to the California Health Law News meetings and court hearings. We have and this third 2020 edition continues learned how to operate and be productive our tradition of bringing to you excellent via “Zoom,” “Skype” or “Teams;” and it will writing about issues unique to the practice be interesting to see in the future how much of healthcare law in California as well as those tools remain in use, particularly in up-to-the minute member news designed to such a large, spread out state as California. keep you abreast of who is where and doing what – despite the challenges of Covid 19. This year we also started making the News available in an electronic format – and it’s Take care, Ben Durie Martha Ann Knutson your choice if you still wish to receive the traditional “hard copy” as well. The mailed – Marty and Ben Dear Readers: version costs CSHA about $6.00 each in printing and postage – and you are welcome 2020 has been an unusual year for us all. to continue receiving it. But a number of you Although CSHA members have still had have already notified us that the electronic virtual opportunities to network and learn version meets your needs. If you are finding together our traditional Spring and Fall the hard copy version gathering dust in Conferences, both had to be cancelled for the your office “in” tray, just let us know. ANNOUNCEMENTS JOIN CSHA ON LINKEDIN CHECK OUT OUR ON-DEMAND WEBINAR VIRTUAL NETWORKING OPPORTUNITIES The California Society of Healthcare LIBRARY Just because people aren’t allowed to Attorneys is pleased to announce that Did you miss a CSHA live webinar? We’re group together physically doesn’t mean we are now on LinkedIn! LinkedIn is the excited to offer you the opportunity to attend we can’t connect and socialize! We are largest online network designed to connect our pre-recorded webinars at a time that is working hard to plan fun and engaging professionals across the globe. Join the most convenient for you. They are available virtual events that allow attendees to gain CSHA LinkedIn group page now to connect to watch on-demand at: csha.info/past-event- information, actionable insights, and plenty of with other CSHA members and build your downloads opportunities to engage and catch up professional networking profile. We look with one another. More information will be forward to seeing you there! INTERESTED IN BEING A WEBINAR made available in the coming weeks at www. SPEAKER? csha.info MEMBERSHIP RENEWAL CAMPAIGN Submit Your Idea The California Society for Healthcare Attorneys is looking forward to another great We are currently seeking speakers for our year full of information, events and activities webinars and virtual panels on various topics for our members. Your CSHA membership related to healthcare law. renewal information has been sent to you – Submit your contact information and topic don’t let your membership lapse! Four lucky idea and someone from our team will reach members who have already renewed their membership or do so by the Jan. 13 deadline out: csha.info/event/webinar-speaker will automatically be entered into a drawing for a $100 Amazon gift card, so be sure to renew ASAP! 1 | California Health Law News NEW MEMBERS Anahita Anvari Kate M. Hammond Tish Pickett Villa Park, CA Manatt, Phelps & Phillips, LLP Optum360, Inc. Los Angeles, CA Carson, CA Vanessa Barrios Delta Dental Insurance Company Krista Hernandez Chalisa Sims Alpharetta, GA Doll Amir & Eley LLP Madison, WI Los Angeles, CA Kyle Brierly Stephanie Thompson U.S. Department of Health and Human Services Ji Won Kim St. Louis, MO Manatt, Phelps & Phillips, LLP Washington, D.C. Los Angeles, CA Tim Travelstead Aneliese Castro Narayan Travelstead PC Jeeyoung Kim Pleasanton, CA Playa Vista, CA CommonSpirit Health Susan Turner Tara Cowell Glendale, CA Department of Managed Health Care Cowell Law Corporation Kelsey Leingang Sacramento, CA Orange, CA Providence St. Joseph Health Irvine, CA Elizabeth (Lisa) Vega Krista DeBoer Delta Dental Insurance Company Doll Amir & Eley LLP Natalie Maas Alpharetta, GA Los Angeles, CA Davis, CA David Yates Victoria Felt Carla Minnard Los Angeles, CA DJR Health Law and Consulting The Minnard Law Firm Sacramento, CA Oakland, CA MEMBER NEWS Our members are in the news and JAMIE OSTROFF joined Hill Physicians years as a partner with the firm. Prior to making career changes! Medical Group as Chief Legal Officer in April his long tenure at Nossaman, during which 2020. Jamie previously served as Associate he especially focused on managed care law, ERIC D. CHAN joined Athene Law as General Counsel at Blue Shield of California. Richard served as Director of the California a partner in July 2020. Prior to joining Department of Consumer Affairs. Richard Athene, Eric spent eight years in private ELSPETH D. PAUL, a former CSHA President plans to concentrate his post-retirement time practice as a health law litigator. and past CSHA seminar presenter, has on fighting the impact of climate change. joined Cedars-Sinai Health System as PAUL R. DEMURO, PHD has been named its new Deputy General Counsel. Prior PAMELA STONE has left private Chief Legal Officer Health and Wellness, to joining Cedars-Sinai, Elspeth was the practice to serve in the public sector as Royal Palm Companies, Miami, Florida. General Counsel of Verity Health System. a Policy and Analysis Attorney with the Department of Managed Health Care. MARC GOLDSTONE, Senior Vice RAJA SÉKARAN, also a former CSHA President/California Registered In-House President, was recognized by the Daily Counsel at Prime Healthcare, has been Journal as a “Top Healthcare” lawyer for elected as a Class of 2020 Fellow of the 2020. In addition, Raja was also named American Health Law Association. by the National Law Journal (NLJ) as a “Healthcare Trailblazer” for 2020. KAREN KIM, CenCal Health General Counsel, was recently featured RICHARD SPOHN retired from the in a
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