Medical and Recreational Cannabis Use in Senior Care Facilities

Navigating State vs. Federal Law Conflicts, Interplay With Government Programs, Administration Challenges

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, October 20, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE course will guide healthcare counsel on the use of medical and recreational cannabis in senior care facilities by both residents and staff. The panel will address the conflicting state and federal laws and how providers, owners, and operators can navigate those conflicts. The panel will also discuss the implications of receiving Medicare or Medicaid funding and overcoming the challenges of cannabis use in these facilities.

Description

Cannabis use in senior care facilities, such as assisted living communities and nursing homes, is gaining popularity, yet poses unique challenges. As more states legalize medical and recreational cannabis use, both residents and staff of senior care facilities could subject providers, owners, and operators to serious enforcement remedies under the Controlled Substances Act (CSA). Nursing homes and assisted living facilities also face complex risk management issues when faced with cannabis use by facilities and staff.

State medical cannabis laws directly conflict with the federal CSA, which identifies marijuana as an unlawful Schedule 1 controlled substance. Further, the U.S. Supreme Court has held that there is no exception to the CSA's prohibitions on using, manufacturing and distributing cannabis for medical necessity. The primary challenge for senior care facilities is navigating the conflict between state and federal law with respect to both operations and employment in states where marijuana is now legal.

Listen as our authoritative panel of healthcare attorneys examines the use of cannabis, both medical and recreational, in senior care facilities. The panel will discuss the conflicting state and federal laws in play, both with respect to regulatory compliance and employment, and how providers, owners, and operators can navigate those conflicts in dealing with its residents and its staff. The panel will discuss best practices for mitigating risk when permitting cannabis use.

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Outline

  1. Impact of state legalization of cannabis on employment law applicable to senior care facilities and potential challenges
    1. Federal and state law conflicts
    2. Implications of receiving Medicare or Medicaid funding
    3. Best practices for mitigating risk with respect to cannabis use by staff
  2. Impact of state legalization of cannabis on operations of senior care facilities and potential challenges
    1. Federal and state law conflicts
    2. Implications of receiving Medicare or Medicaid funding
    3. Best practices for mitigating risk when permitting cannabis use by residents

Benefits

The panel will review these and other key issues:

  • What risks do nursing homes and other senior care facilities face if they permit cannabis use among residents?
  • How should senior care facilities address cannabis use among staff members?
  • What are the implications of receiving federal funding on a facility’s decisions regarding cannabis use?
  • What steps can senior care providers take to minimize the risk when permitting cannabis use?

Faculty

Gedeus, Charlene
Charlene A. Barker Gedeus

Counsel
Buchanan Ingersoll & Rooney

Ms. Gedeus represents private and public employers in labor and employment-related disputes in state and federal courts...  |  Read More

Rath, Brian
Brian Rath

Counsel
Buchanan Ingersoll & Rooney

Mr. Rath has an extensive knowledge of the regulations and his years of experience dealing directly with the state and...  |  Read More

Attend on October 20

Cannot Attend October 20?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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