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Jeff

Jeff (Brecht) Duncan

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Jeff (Brecht) Duncan represents health care companies and providers, with an emphasis on the senior housing, post-acute, and long term care industry.

Jeff helps clients handle regulatory compliance, risk management, HIPAA / privacy issues, employment matters, and complex involuntary discharges, and he defends them in administrative hearings against agency actions and in civil court against wrongful death and other claims.

Experience

Senior Living, Long Term Care & Health Care Law

Behavioral Health Hospital License Revocation Hearing
Defended behavioral health hospital against state regulatory agency’s threat to revoke hospitals license based on alleged patient rights violations. Negotiated resolution in which client denied allegations and retained license.
Wrongful Death Civil Lawsuit / DHS Neglect / Abuse Hearing
After defending assisted living community in week-long administrative hearing against Department of Human Services’ penalty and finding of abuse related to death of resident, defended same assisted living facility against civil lawsuit wrongful death allegations based on same underlying incident.
Adverse Survey / Statement of Deficiencies — Alleged Sexual Abuse
Represented skilled nursing survey in appeal and independent informal dispute resolution of survey (immediate jeopardy) findings and related imposition of penalties, related to allegations that facility failed to ensure residents were safe from sexual abuse, including alleged resident-on-resident abuse.
Adverse Survey / Statement of Deficiencies — Alleged Neglect Abuse
Represent skilled nursing survey in informal dispute resolution of survey (immediate jeopardy) findings and related imposition of penalties, related to allegations that facility failed to ensure residents were safe from abuse through neglect (related to allegations of inadequate care planning and response to change of condition).
Law Enforcement and Nursing Board Investigation Related to Resident's Death
Represented skilled nursing facility and its nurse related to law enforcement and Nursing Board investigation of complaint of alleged crime related to the death of a skilled nursing facility resident.
Negligence / Wrongful Death Lawsuit
Defended assisted living / memory care community and management company against claims that community negligently failed to take appropriate precautions to address certain risks associated with resident’s alleged conditions, including dementia, resulting in an injury that allegedly caused the resident’s death.
Complex Involuntary Discharge — Dangerous Resident
Represented skilled nursing facility in administrative hearing where resident was involuntarily discharged from facility for ongoing dangerous conduct that included death threats against facility’s administrator and violent conduct directed at vulnerable residents.
Complex Involuntary Discharge — Resident Exceeded Facility’s Level of Care
Represented assisted living facility in administrative hearing where resident was involuntarily discharged because resident’s complex medical condition had deteriorated to the point where resident required higher level of care that community could provide.
Agency Imposition of License Conditions
Defended adult foster home against Department of Human Services in contested case matter to oppose DHS’ imposition of conditions on license. Negotiated terms and conditions to lift of conditions.
Complex Involuntary Discharge — Resident Non-Payment
Represented assisted living facility in administrative hearing where resident was involuntarily discharged for non-payment of fees, but where resident argued that discharge was nonetheless retaliatory.

Employment Law

Combination FMLA Discrimination and Personal Injury Lawsuit
Defended national employer against claim by former employee that employer had unlawfully terminated employee based on employee’s FMLA leave and that employer had caused personal injury to terminated employee’s infant child.
Disability Discrimination Lawsuit
Defended national employer (and certain management employees) against claim by former employee that employer and management discriminated against, harassed, retaliated against and terminated employee based on employee’s alleged disability.
Whistleblower Retaliation Lawsuit
Defended residential care facility employer against former caregiver employee’s whistleblower retaliation lawsuit, related to Department of Human Services’ investigation of alleged resident abuse. Employee claimed employer retaliated against and terminated employee because employee reported alleged safety and resident abuse violations to the DHS.
Employee Sexual Abuse of Resident
Defended skilled nursing facility against state agency findings that alleged facility had subjected vulnerable facility residents to sexual abuse by failing to take appropriate actions to prevent, detect, investigate and report alleged sexual abuse perpetrated by a rogue former employee/caregiver.
Employee Theft From Employer
Represented national employer to investigate theft by former manager and to recover stolen funds. Worked with law enforcement and prosecuting attorney to obtain arrest and conviction of employee, and to obtain judgement of restitution and restitution payments from employee.
Protection of Employer’s Employees — Anti-Harassment Protection Order
Represented administrator of assisted living facility to obtain anti-harassment protection order against involuntarily discharged resident who threatened to murder administrator. Employer also retained security guards related to this matter.
Reporting Employee Misconduct to Regulatory Agencies
Represented northwest employer in analyzing issues related to misconduct committed by former employee who is regulated by various agencies, and assisting employer to through process of reporting to various regulatory agencies.

Privacy & Data Security / HIPAA Law

Ransomware Attack
Represented skilled nursing facilities with respect to ransomware incidents, including investigation of incidents, HIPAA breach analysis and notice issues, and appropriate mitigation and response issues.
HIPAA-Related Agreements
Represented national employer in preparation of agreement with medical university for use where medical student interns receiving certain training experiences on client employer’s premises, to make sure that HIPAA-based privacy duties are met.
HIPAA Issues Implicated by Witness Subpoena
Represented national senior living and long term care provider with respect to HIPAA and other privacy concerns implicated when its medical staff was subpoenaed to testify as a third-party witness in a lawsuit. Negotiated with counsel in the preparation and entry of an appropriate Protective Order, including appropriate procedures to comply with HIPAA and otherwise comply with privacy rights and duties.
Social Media Policy Development and Implementation
Prepared training materials for use by professional trade group organization with respect to development, implementation and enforcement of appropriate social media policies for HIPAA-covered entities’ and other care providers.
HIPAA Compliance / Online Health Application
Prepared HIPAA and other privacy related policies for developer of online-accessed health-related application.

Trusts & Estates / Fiduciary Law

Investigation and Analysis of Financial Abuse Claims
Represented successor trustee of family trustee to conduct investigation of alleged financial elder abuse, allegedly committed by family members/beneficiaries against prior beneficiary (who was a vulnerable person at time of alleged wrongdoing).
Claim Against Fiduciary
Represented beneficiary to investigate trustee misconduct and recover all funds misappropriated by trustee, where trustee financially exploited vulnerable adult beneficiary over a period of years.
Claim Against Co-Beneficiary
Represented beneficiary in preventing co-beneficiary who was criminally convicted of wrongdoing with respect to financial elder abuse from unjustly profiting from that criminal conduct.
Professional Guardian — Informed Consent Services for Vulnerable Persons
In the context of contested case administrative hearings, represented vulnerable persons who lack capacity, through their court-appointed professional guardian, in dispute against state agency, related to rights of vulnerable persons to retain and pay a guardian to make their informed consent medical decisions.

Business Disputes

Lease Dispute
Represented national owner of independent living communities in lawsuit related to dispute between resident, family trust and community related to lease rights and duties, including right to occupy premises and rights to payments based on sale of right to occupy property.
Insurance Reimbursement Dispute
Represented national senior living and long term care owners against claim processing contractor related to processor’s negligent and untimely claims processing and unpaid claims.
Judgement — Unpaid Fees
Represented national owner of nursing communities to obtain judgment against estate of former resident to collect unpaid fees for services provided to resident.
Commercial Property Damage
Represent professional contractor in claims against business (and related insurance company) related to property damage caused by operator of business’ motorized vessel which was operated at excessive speed in a no-wake zone.

Community Involvement

American Health Lawyers Association, Member

Oregon Health Care Association, Member

Washington Health Care Association, Member

LeadingAge Oregon, Member

Oregon State Bar Association, Member

Washington State Bar Association, Member

Oregon State Bar Business Litigation Section, Executive Committee Member

Thought Leadership

May 23, 2024Event / CLE
Hot Legal Issues for Senior Living
Oregon Health Care Association | Virtual
March 1, 2024Publication
Artificial Intelligence and the Standard of Care in the Post-Acute and Long Term Care Setting
Health Law Connections
October 19, 2023Event / CLE
Nightmare on Survey Street: Strategies to Manage the CBC Survey and Enforcement Process
LeadingAge Oregon | Newport, Oregon
October 19, 2023Event / CLE
10 Things You Hate About the SNF Survey Process and What you Can Do About It
LeadingAge Oregon | Newport, Oregon
May 10, 2023Event / CLE
Hot Legal Issues and Updates for Senior Living and Long Term Organizations, Providers, and Employers
LeadingAge Oregon | Redmond, Oregon
May 3, 2023Event / CLE
Resident Privacy and Security in a Technology-Focused World: Social Media, Telehealth, Scammers and More
Oregon Health Care Association | Virtual
January 26, 2023Event / CLE
Managing Employee Performance in Legally Risky Situations
LeadingAge Oregon | Portland, Oregon
November 9, 2022Event / CLE
Managing Performance in Legally Risky Situations
Oregon Bureau of Labor & Industries | Virtual
November 2, 2022Publication
HHS Revises the Nursing Facility Special Focus Facility Program
American Health Law Association
May 12, 2022Event / CLE
Hot Regulatory and Employment Law Issues in the Senior Living Industry
LeadingAge Oregon | Redmond, Oregon
January 18, 2022Event / CLE
In-Home Care Council Meeting
Oregon Health Care Association | Virtual
December 9, 2021Publication
Nationwide Freeze Issued Preventing Federal Government From Enforcing COVID-19 Vaccine Mandate for Federal Contractors
COVID-19 Resource
October 6 - December 8, 2021Event / CLE
'Best Practices for Best Employers™' Webinar Series
Lane Powell | Virtual
November 10, 2021Event / CLE
The Care and Feeding of State and Federal Regulators: Licensee Best Practices
Oregon Health Care Association Annual Convention | Portland, Oregon
October 13, 2021Event / CLE
Update Floodgate: Top 10 Employment Law Changes Employers Need to Know Now
Lane Powell 'Best Practices For Best Employers™' Webinar Series | Virtual
October 7, 2021Event / CLE
A Licensee’s Guide to State and Federal Regulatory Interactions
LeadingAge Oregon | Virtual
June 24, 2021Event / CLE
Marijuana and Hemp Regulatory Implications in Post-Acute and Hospice Care
South Dakota Association of Healthcare Organizations | Virtual
June 1, 2021Event / CLE
Marijuana and the Workplace: Issues and Best Practices for Senior Living Employers
South Dakota Association of Healthcare Organizations | Virtual
October 27, 2020Event / CLE
Employment Issues re. Oregon DHS' Electronic Visit Verification (Federal Cures Act)
Oregon Health Care Association | Virtual
September 30, 2020Event / CLE
Employer Considerations
LeadingAge Oregon Annual Meeting | Virtual
September 15, 2020Event / CLE
Risk Management and Compliance Strategies in a COVID World
Oregon Health Care Association Annual Convention | Virtual
August 6, 2020Event / CLE
Employment Law in a COVID-19 World: Employee Testing, Sick Leave and More
Oregon Health Care Association Senior Housing and Independent Living Conference | Virtual
March 2, 2020Publication
Legal Considerations for Senior Care and Living Providers in Light of COVID-19
COVID-19 Resource
February 19, 2020News
Brecht Quoted in McKnight's Long Term Care News Article 'Expert Warns of Bigger Fines for Leave-Law Violations if Communication, Training Don’t Improve'
In the News
January 22, 2020Event / CLE
Employment Law Workshop
Oregon Health Care Association | Portland, Oregon
November 21, 2019News
Lane Powell Receives Oregon Health Care Association’s Outstanding Business Partner of the Year Award
Awards & Honors
November 20, 2019Event / CLE
Family Medical Leave Act: Key Issues and Best Practices for Senior Living Employers
Oregon Health Care Association's Annual Conference | Portland, Oregon
November 19, 2019Event / CLE
Best Practices for Involuntary Discharge of Residents
Oregon Health Care Association’s Annual Conference | Portland, Oregon
November 4, 2019Event / CLE
Let’s Get Digital: Privacy & Data Security Best Practices in the Workplace
Oregon Bureau of Labor and Industries 35th Annual Employment Law Conference | Portland, Oregon
October 10, 2019Event / CLE
Hot Topics in Life Planned Communities
LeadingAge Oregon Annual Leadership Conference | Agate Beach, Oregon
July 16, 2019Event / CLE
Employment Hot Topics and Best Practices for In-Home Care and Home Health Agencies
Oregon Health Care Association In-Home Care Committee Meeting | Portland, Oregon
May 22, 2019Event / CLE
Death With Dignity Issues for Skilled Nursing and Assisted Living Communities
Washington Health Care Association | Vancouver, Washington
May 16, 2019Event / CLE
The Dos and Don'ts of the Post-Survey Process
LeadingAge Oregon | Portland, Oregon
May 1, 2019Event / CLE
36th Annual ‘Best Practices for Best Employers™’ Labor & Employment Seminar
Lane Powell Seminar | Portland, Oregon
April 17, 2019Event / CLE
Involuntary Discharge of Residents: Challenges, Considerations and Best Practices
Oregon Health Care Association Social Services Director Conference | Portland, Oregon
April 16, 2019Event / CLE
HIPAA Protocols and Procedures for In-Home Care Agencies
Oregon Health Care Association In-Home Care Conference | Portland, Oregon
March 7, 2019Event / CLE
Involuntary Discharge of Residents: Challenges, Considerations and Best Practices
Oregon Health Care Association Spring Expo | Salem, Oregon
November 1, 2018Event / CLE
Privacy & Data Security in the Workplace: Issues and Best Practices for Employers
Bureau of Labor & Industries | Portland, Oregon
September 27, 2018Event / CLE
The Confluence of Media Relations and Law in Senior Living and Care
LeadingAge | Portland, Oregon
September 17, 2018Event / CLE
Privacy and Data Security for Senior Living Employers: Cyber Threats in Your Workplace
Oregon Health Care Association | Eugene, Oregon
June 6, 2018Event / CLE
35th Annual ‘Best Practices for Best Employers™’ Labor & Employment Seminar
Lane Powell Seminar | Portland, Oregon
May 20-23Event / CLE
2018 LeadingAge Oregon Annual Conference
LeadingAge Oregon | Redmond, Oregon
April 4, 2018Event / CLE
Senior Living Administrator Training: Resident Rights, Decision Making
Washington Health Care Association | Webinar
March 22, 2018Event / CLE
Perfect Raincoats: Planning for Changing Seasons
Lane Powell Beneficiaries & Brews Seminar | Portland, Oregon
March 1, 2018Event / CLE
‘Lucky to be in LTC’ Spring Expo
Oregon Health Care Association | Eugene, Oregon
February 1, 2018Publication
Cyber-Threat Reduction: How Employee Policies and Practices Can Help Senior Living and Long Term Care Employers Bolster Privacy and Data Security
PALS Advisor
January 19, 2018Event / CLE
Fair Housing Act Compliance In-House Training
Continuing Care Retirement Community | Oregon
January 3, 2018News
Congratulations to Lane Powell’s Newest Shareholders
Firm Announcement
November 6, 2017Event / CLE
Privacy and Data Security for Employers: Cyber Threats in Your Workplace
Oregon Bureau of Labor and Industries | Portland, Oregon
October 31, 2017Event / CLE
Legal Implications of Social Media Usage by Caregivers and Families
Oregon Health Care Association | Webinar
July 12, 2017Publication
Health Information Data Security: Low-Tech Action in the Trenches to Thwart High-Tech Threats
Oregon Business Magazine
May 22, 2017Event / CLE
Employment Law for Senior Living and Long Term Care Employers: Hot Issues on Hiring, Discipline and Whistleblowing
LeadingAge Oregon | Redmond, Oregon
May 11, 2017Event / CLE
Social Media in Senior Living: The Intersection of Marketing and Privacy
Oregon Health Care Association | Portland, Oregon
April 3, 2017Publication
Ransomware and Long Term Care: How the Threat of Holding Patient Records Hostage Impacts HIPAA Analysis
PALS
March 8, 2017Event / CLE
Oregon Health Care Association Spring Expo
Oregon Health Care Association | Salem, Oregon
December 21, 2016Publication
OCR’s 2016 Ransomware ‘Guidance’: A Health Care Provider’s New Best Friend?
Health Care Liability & Litigation
November 15, 2016Event / CLE
Whistleblowing and Employee Complaints: What Every Oregon Employer Should Know (and Do)
Oregon Bureau of Labor and Industries | Portland, Oregon
November 7, 2016Publication
Ransomware Cyber Security Threat Tests Providers’ Defenses
Provider Magazine
October 26, 2016Event / CLE
Legal Implications of Social Media Usage by Caregivers and Families
Oregon Health Care Association | Webinar
September 19, 2016Event / CLE
Employment Law for Employers: Hot Issues on Hiring, Discipline and Workers Compensation
Oregon Health Care Association | Portland, Oregon
May 5, 2016Publication
Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers
Lane Powell White Paper
March 15, 2016Publication
Oregon’s Statutory Peer Review Privilege for Health Care Providers: What It Is and How to Not Waive It
Litigation Journal
March 3, 2016Event / CLE
Modern Technology in LTC: Uses and Regulatory Implications
Oregon Health Care Association | Eugene, Oregon
February 12, 2016Publication
Unlawful Trade Practices, Investigations and Claims: Are Long Term Care Providers at Risk?
Lane Powell White Paper
February 12, 2016Publication
CMS Has Added a New Five-star Ratings Tool to Help Patients Compare and Choose Among Home Health Agencies
Lane Powell White Paper
September 15, 2015Event / CLE
Marijuana Legalization and Long Term Care in Oregon: Policies and Procedures for Resident Rights and Resident Safety
Oregon Health Care Association | Portland, Oregon
July 16, 2015Publication
Proceed With Caution: Does HIPAA Apply to Your Business?
Oregon Business
April 29, 2015Event / CLE
Oregon Health Care Association’s Risk Management Conference
Oregon Health Care Association | Portland, Oregon
April 8, 2015News
Sanchez and Brecht Join Lane Powell’s Litigation Practice Group
Firm Announcement

Jeff's Bios

Primary
Employment
Litigation
Senior Living and Long Term Care
Trusts and Estates

Practices & Industries

Commercial Litigation
Labor, Employment & Benefits
Fiduciary Litigation
Privacy & Data Security
Senior Living & Long Term Care
Wage & Hour
Business Dispute Resolution

Education

Northern Illinois University, J.D., magna cum laude, 1996
- Law Review, Editor
- Dean’s List
- Corpus Juris Secundum and American Jurisprudence, Property Law and Criminal Law
Illinois State University, M.S., English, 1987
Illinois State University, B.S., English, 1984

Admissions

Oregon
Washington
U.S. District Court, District of Oregon
U.S. District Court, Eastern and Western Districts of Washington
U.S. Court of Appeals, Ninth Circuit

Honors

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