Deadline to Register: November 13,
2017
How to avoid having a "successful" plea turn into a career-ending
surprise
Under Minnesota’s Background Study law,
when persons are convicted of certain crimes, the Minnesota Department of Human
Services is required to disqualify those individuals from working in certain
positions, especially if their employers are licensed by DHS or the Minnesota
Department of Health. But DHS is also authorized to reach its own
independent determination whether enough evidence exists to warrant a criminal
disqualification, even when the person was not convicted of the crime
charged. These DHS “preponderance of evidence” reviews contemplate that
DHS will research and evaluate arrest data, negotiated plea agreements or
other pertinent information when considering whether a person may continue in
his or her chosen licensed field, which may include working in assisted living
facilities, nursing homes, home health agencies or group homes for persons with
intellectual disabilities. DHS’s disqualification authority is not
restricted to the direct care workforce, because through related licensing and
controlling persons laws, any disqualification orders leveled against owners of
licensed entities could require the disqualified owner to relinquish control and
ownership in order to preserve and maintain the facility’s licensure. This
presentation will explain the interaction of these laws, and offer proactive
practice tips for avoiding or managing disqualification orders.
Registration will begin at 7:45 a.m. Coffee and pastries will be served.
Presenters:
Sam Orbovich,
Shareholder | Fredrikson & Byron, PA
Fabian Hoffner,
Attorney | Fabian Hoffner Defense Attorney
Kulani
Moti, Chief Legal Counsel | Office of Inspector General - MN Department of
Human Services
CLE Credits:
1.0 Standard Credit applied for | Event Code: 249616
Cost:
Administrative Law Section Members: $15.00
MSBA
Members Not in the Administrative Law Section: $20.00
Non-MSBA
Members: $30.00
Law Students: Free
New Admittees (Attorneys
Admitted to the Minnesota Bar after January 1, 2017): Free
Remote
Participation:
Teleconference available ONLY. Please indicate that you
will attend remotely when registering. Instructions will be sent
via e-mail a day prior to program.
Want more information about the Administrative
Law Section ?
To register with a check, please mail in this registration
form.
Need to cancel? Please see our cancellation policy.
Questions?
Contact Geen Mui |
612-278-6346
The MSBA is committed to creating an inclusive
environment in which all members can participate fully. If you need
reasonable accommodations to participate in this event, please notify Geen Mui
via phone or email: gmui@mnbar.org.
Please provide notification at least 72 hours prior to the meeting to allow
sufficient time to make arrangements for accommodations at this event. Thank
you.