1. | Los Angeles | San Francisco | San Diego | Washington D.C. LEGAL AND REGULATORY CHALLENGES & THE MEDIA April 17, 2013 California Long-Term Care Communications Forum Mark E. Reagan, Esq. Hooper, Lundy & Bookman, P.C. 575 Market Street, Suite 2300 San Francisco, CA 94105 Phone: 415-875-8500 mreagan@health-law.com mreagan@health-law.com

2. Hooper, Lundy & Bookman, PC© 2 VIRTUALLY ALL REQUESTS FOR COMMENTS INVOLVE THINGS YOU WOULD RATHER NOT TALK ABOUT

3. Hooper, Lundy & Bookman, PC© 3 MOST OF THEM HAVE TO DO WITH BAD THINGS, LAWYERS OR ENFORCEMENT AGENCIES, OR ALL OF THE ABOVE

4. Hooper, Lundy & Bookman, PC© 4 Regulatory Citations Decertifications Closures State/Federal requirements re compliance of various types

5. Hooper, Lundy & Bookman, PC© 5 Legal New filings Verdicts Settlement/pleas

6. Hooper, Lundy & Bookman, PC© 6 Topics Poor Care Negligence/Abuse Civil Fraud/False Claims Crimes – Person or Corporate Profits Over People Sex Offenders

7. Hooper, Lundy & Bookman, PC© 7 WHO SHOULD BE THE SPOKESPERSON?

8. Hooper, Lundy & Bookman, PC© 8 NEVER SOMEONE WHO IS EMOTIONALLY INVESTED IN THE SITUATION

9. Hooper, Lundy & Bookman, PC© 9 Knowledgeable Prepared Dispassionate

10. Hooper, Lundy & Bookman, PC© 10 THE REPORTER NEVER KNOWS MORE THAN YOU DO ONLY EDUCATE IF IT HELPS YOU

11. Hooper, Lundy & Bookman, PC© 11 WRITTEN CONTENT AS AN ALTERNATIVE

12. Hooper, Lundy & Bookman, PC© 12 SPEAK TO THE CULTURE OF COMPLIANCE BY THE ORGANIZATION

13. Hooper, Lundy & Bookman, PC© 13 TALK ABOUT THE CARING NATURE OF YOUR CAREGIVERS

14. Hooper, Lundy & Bookman, PC© 14 REFERENCE THAT ALL ALLEGATIONS WILL BE CAREFULLY AND THOROUGHLY INVESTIGATED AND ACTION WILL BE TAKEN IF NECESSARY

15. Hooper, Lundy & Bookman, PC© 15 TIE BACK TO MISSION OF DELIVERING HIGH QUALITY CARE AND KEEPING RESIDENTS SAFE

16. Hooper, Lundy & Bookman, PC© 16 THE MESSAGE

17. Hooper, Lundy & Bookman, PC© 17 DEVELOP THE GAME PLAN

18. Hooper, Lundy & Bookman, PC© 18 WHEN CAN YOU KILL A STORY?

19. Hooper, Lundy & Bookman, PC© 19 HOW TO DEAL WITH A HOSTILE REPORTER

20. Hooper, Lundy & Bookman, PC© 20 DO NOT BE BULLIED

21. Hooper, Lundy & Bookman, PC© 21 DO NOT MAKE ADMISSIONS

22. Hooper, Lundy & Bookman, PC© 22 NEVER ANSWER A QUESTION DIRECTLY UNLESS IT ONLY HELPS WITH YOUR NARRATIVE

23. Hooper, Lundy & Bookman, PC© 23 RE-DIRECT AND REPHRASE TO THINGS YOU WANT TO TALK ABOUT

24. Hooper, Lundy & Bookman, PC© 24 ALWAYS EMPHASIZE THE COMMITMENT TO THE HIGHEST LEVEL OF CARE FOR RESIDENTS

25. Hooper, Lundy & Bookman, PC© 25 RECOGNIZE THAT THE HEALTH, WELL- BEING AND SAFETY OF RESIDENTS IS THE MOST IMPORTANT ELEMENT OF THE ORGANIZATION’S MISSION

26. Hooper, Lundy & Bookman, PC© 26 Questions? Any views or opinions expressed in this presentation are solely those of the author(s) and do not necessarily represent those of Hooper, Lundy & Bookman. You should not assume or construe that this presentation represents the opinion of Hooper, Lundy & Bookman. Although this presentation provides information concerning potential legal issues, it is not a substitute for specific legal advice from qualified counsel. You should not and are not authorized to rely on this presentation as a source of legal advice. This presentation is solely for general educational and informational purposes. Your attendance at this presentation does not create any attorney-client relationship between you and Hooper, Lundy & Bookman. You should not act upon this information without seeking your own independent professional advice.