Analyzing Federal Scrutiny of Gender-Affirming Care and Minority-Focused Healthcare Initiatives and the Impact on Hospitals and Employer Health Plans
Navigating the Risks of Compliance and Noncompliance
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will examine the recently issued executive order (EO) prohibiting or limiting gender-affirming care for individuals under the age of 19 and its impact on healthcare providers and employer health plans. Our panel will also examine the recently issued EOs and increased scrutiny on minority-focused healthcare initiatives and their impact on hospitals and healthcare provider organizations. The expert panel will provide an in-depth look at the EOs, the potential legal and operational issues created for hospitals, healthcare providers, and other organizations, and the risks of compliance and noncompliance where the executive orders may be at odds with federal and state law.
Outline
- Introduction
- GAC regulatory overview to date
- The EO
- Purpose
- Prohibitions and directives
- Enforcement
- Timeline
- EO impact
- Federal agencies
- Research
- Interaction with federal and state laws
- Healthcare providers: legal and operational issues
- Others
- Risks of compliance and noncompliance
- Remaining questions
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What are the EO's directives to HHS? How will this affect agency rulemaking?
- What legal and operational issues may arise for healthcare providers as a result of the EO?
- What potential risks arise for healthcare providers if they comply with the EO? If they do not comply with the EO?
- What are best practices for guiding clients through the compliance challenges created by the EO?
Faculty

Gregory E. Fosheim
Partner
McDermott Will & Emery
Mr. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the... | Read More
Mr. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the healthcare and life sciences industry. Drawing on his extensive laboratory and public health background, he regularly advises on clinical and diagnostic laboratory matters, anatomic pathology and fertility laboratory compliance. Mr. Fosheim represents hospitals, health systems and physician practice management companies in all aspects of transactional and operational matters, particularly those with regulatory, licensing, accreditation and policy considerations. He has also negotiated several acquisitions and sales of proton therapy centers. Mr. Fosheim also writes, speaks and advises on quality, access and patient empowerment in the provision of equitable healthcare services, with a particular focus on helping covered entities comply with the nondiscrimination provisions of Section 1557 of the Affordable Care Act and Section 504 of the Rehabilitation Act of 1973.
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Brian J. Tiemann
Partner
McDermott Will & Emery
Mr. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters... | Read More
Mr. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters related to pension plans, 401(k) plans and executive and incentive compensation. He advises plan fiduciaries with respect to their fiduciary duties, investment policies and alternative investments. Mr. Tiemann also advises multinational clients on global employee benefits matters, particularly with respect to global incentive compensation plans. He has extensive experience negotiating investment management agreements and service provider agreements. Mr. Tiemann is a frequent author and speaker on employee benefits issues related to the investment of tax-qualified plan assets and issues resulting from domestic partnerships and same-sex marriages and has presented at the Association for Financial Professionals’ annual conferences, the New York University Institute on Federal Taxation and the Out & Equal Workplace Summit.
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Tony W. Torain, II
Partner
McDermott Will & Emery
Mr. Torain provides strategic and trusted counsel to multinational corporations in labor and employment disputes,... | Read More
Mr. Torain provides strategic and trusted counsel to multinational corporations in labor and employment disputes, helping clients address and resolve critical issues efficiently and effectively. Recognized among the leading lawyers of his generation in labor and employment law, he has extensive experience representing companies across a range of industries – including healthcare, technology, consumer products, automotive, and private equity – in traditional labor matters and employment litigation, trials, and arbitrations. Mr. Torain is adept at defending major organizations in unfair labor practice trials and proceedings before the National Labor Relations Board, audits, strikes, union election campaigns, collective bargaining negotiations, and strategic labor relations planning matters.
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