(Recorded Webinar) Breaking Contracts Over COVID-19
Can you get out of a contract because of the pandemic?
In addition to being a deadly virus, the COVID-19 pandemic has upended the way we do business. Across the country, some health center operations are reduced, paused, or stopped, while others are expanded, but running from temporary and remote locations including parking lots and provider homes. Many of the best laid plans made before the pandemic are in flux, with organizers wondering if pre-scheduled events are better off canceled, at worst, or postponed indefinitely, at best.
In this era of uncertainty, many health centers have been forced to consider whether and how they can extricate themselves from certain contractual obligations, including those with suppliers, consultants, or other third parties. This webinar is intended to help you evaluate current contractual arrangements and identify your options to minimize contractual risk areas while giving consideration to health center program compliance and federal grant rules and regulations.
On this webinar, we will offer a framework for evaluating whether and how to attempt to discontinue a contract with a third party, with guidance on key questions, including:
- How do you determine if you can (or should) discontinue a contract?
- When should you be worried about damages clauses or other common risks?
- What do contractual principles such as “Acts of God” and “force majeure” mean and do they apply to the current pandemic?
- Once you determine you want to discontinue a contract, what are the key next steps?
- If you cannot (or do not want to) cancel a contract, what other types of relief are available?
- Health Center Leadership / C-Suite
- Operations and Management Staff
- Finance Personnel
- Anyone who manages vendor relationships or otherwise reviews contracts for the health center
After this webinar, you will be able to:
- Identify situations where you may be able to seek relief from the terms of a contract
- Understand and distinguish between common contract terminology, including: “force majeure,” “Acts of God,” “forgiveness” and “abatement”
- Minimize contractual risk areas while taking into account health center compliance requirements and grant considerations
Kathy is a Partner in Feldesman Tucker’s health law practice group. In the area of health law, Kathy’s practice focuses on government-sponsored health care programs such as Medicaid, CHIP, Medicare, and the Affordable Care Act, with an emphasis on payment/reimbursement and compliance related issues. Kathy also represents clients in government investigations and audits, litigation before federal and state courts, as well as in administrative appeals with the U.S. Department of Health and Human Services Departmental Appeals Board (DAB) and Provider Reimbursement Review Board (PRRB). She provides reimbursement counseling (including identification, reporting, and repayment of overpayments) with respect to Medicare, Medicaid, and private third-party payors. [Full Bio]
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- 1.00 Certificate of Attendance
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