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Jeff (Brecht) Duncan Photo

Jeff

Jeff (Brecht) Duncan
Shareholder
Portland
D  503.778.2162
C  503.310.8311
duncanj@lanepowell.com

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 Law

  • 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 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.
  • 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. 
  • 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.

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 facility with respect to a ransomware incident, including investigation of incident, 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 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
  • Get to Know the People of Lane Powell | Meet Jeff Duncan Brecht, New Shareholder

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

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