Practice Group Luncheons

Monday, June 26, 2006

Antitrust
SHO and Tell (ing it like it is): The recent Suburban Health Organization (SHO) FTC staff advisory opinion, and dispelling myths and wishful thinking about "clinical integration"

David Narrow, Federal Trade Commission, Washington, DC

The discussion will include:

• Why doing good things doesn't automatically earn you a free pass to agree on prices and jointly negotiate
• This is nothing new (or unique to healthcare)
• Yes, we are being consistent (The Statements of Antitrust Enforcement Policy in Health Care, MedSouth, NTSP, etc.)

Health Information and Technology and Teaching Hospitals and Academic Medical Centers
Sponsored by Huron Consulting Group
The Bleeding Edge in Biomedical Research: An Exploration of Current Hot Topics

Rachel Nosowsky, Assistant General Counsel, University of Michigan, Ann Arbor, MI

Melissa L. Markey, Hall Render Killian Heath & Lyman PSC, Troy, MI

Please join us for the joint Teaching Hospitals and Academic Medical Centers and Health Information and Technology luncheon for a fast-paced review of the bleeding edge of biotech issues in 2005, and a sneak peak at some of the anticipated hot issues for 2006-2007. Among our topics will be:

• Emphasis on Electronics: The growth of computers in research, from CaBig to EMRs
• Ethics and Ego: The impact of ethics in research and the dissemination of ethical controversies via the 'net
• Enforcement in Equipoise: New enforcement initiatives and focus
• Other Exciting Developments: A potpourri of issues of interest to teaching hospitals and tech lawyers

Labor and Employment and Medical Staff, Credentialing, and Peer Review
Allied Health Professionals Employment, Credentialing, and Peer Review — How to Navigate Through Murky Waters

Shirley P. Morrigan, Foley & Lardner LLP, Los Angeles, CA

The discussion will include:

• Who credentials AHPs — the Medical Staff or Human Resources? (Or both?)
• What if the Interdisciplinary Practice Committee (or any other committee that credentials AHPs) wants to credential a PA to do neurosurgery?
• How should the Medical Staff Executive Committee interact with the hospital committee that credentials AHPs?
• How should a Medical Staff address requests by persons to practice complementary medicine in the hospital?
• What kinds of procedural rights should be offered to which types of AHPs, and for what types of actions?

Tuesday, June 27, 2006

Fraud and Abuse, Self-Referrals, and False Claims and Healthcare Liability and Litigation
False Claims Act Investigations and Litigation: Practical Strategies and Perspectives

Jack Boese, Fried Frank Harris Shriver & Jacobson LLP, Washington DC

Katie McDermott, Blank Rome LLP, Washington DC

Margaret Hutchinson, US Attorney's Office, Philadelphia, PA

This panel discussion will focus on recent False Claims Act Practice Developments, including parallel proceedings, voluntary disclosure, defense strategies while a qui tam is under seal, attorney risk management issues in handling False Claims Act matters, DOJ development of attorney-client waiver criteria, and DOJ enforcement priorities and initiatives (e.g., do they exist or are they subsumed in whistleblower suits?).

Long Term Care
OIG Long Term Care Quality of Care Enforcement and CIAs — Six Years Out

Andrew Penn, Senior Counsel, Office of Counsel To the Inspector General, US Dept of Health and Human Services, Washington, DC

An assessment of the OIG's role in failure of care enforcement cases over the past several years, including the kinds of cases pursued, administrative remedies sought, and the nature, scope, and effectiveness of quality of care corporate integrity agreements.

Tax and Finance
Roundtable Discussion on Current Exempt Organization Matters

James R. King, Esquire, Jones Day, Columbus, OH

Please join the leadership of the Tax and Finance Practice Group for another installment of our roundtable discussion series. This format has proven popular in prior years, allowing attendees an opportunity for candid, informal discussions regarding emerging legal issues and practical challenges arising for healthcare organizations and their counsel. While no topic is off limits, our discussion is sure to include:

• The new IRS community benefit initiative and the practical and legal issues associated with completing Form 13790
• The latest news as to legislative reforms for nonprofit healthcare organizations.
• Updates regarding enforcement measures by state and local revenue and charity officials.
• The IRS's newest enforcement initiative against exempt hospitals, involving community benefit and compensation practices.
• The practical implications of changes in Form 990 reporting for 2005 returns, including expanded disclosure of compensation information.

Wednesday, June 28, 2006

HMOs and Health Plans
Payment Issues to Non-Contracted Providers

Peter Roan, K & R Law Group LLP, Los Angeles, CA

This lunch presentation will provide an overview of the legal environment regarding payment to providers who have no contract with a patient's HMO/health plan or its delegated group for services the provider rendered to the patient/enrollee. An HMO/health plans' payment to non-contracted providers has become a "hot topic" in many states.

Hospitals and Health Systems, Physician Organizations and Regulation, Accreditation, and Payment
What Everyone Needs to Know About the Deficit Reduction Act of 2005

Vonne Gaillard, Bass Berry & Sims, Nashville, TN

Charles Luband, Powell Goldstein LLP, Washington, DC

Melissa C. Lloyd, Schottenstein Zox & Dunn LPA, Columbus, OH

Jeffrey G. Micklos, Vice President and General Counsel, Federation of American Hospitals, Washington, DC

With the enactment of the Deficit Reduction Act of 2005 (the DRA), Congress passed its first bill cutting spending for healthcare services since the Balanced Budget Act almost 10 years ago. Designed as cost containment legislation, the DRA is projected to reduce Medicare spending by 6.4 billion dollars and Medicaid spending by 4.8 billion dollars. The DRA imposes spending cuts, rate freezes, and other regulatory changes impacting hospitals, physicians, home health agencies, ambulatory surgery centers, IDTFs, inpatient rehabilitation facilities, durable medical equipment suppliers, and many other sectors of the healthcare industry. The DRA also represents the first legislation implementing the new Federal quality and pay for performance initiatives. In light of these changes, it is essential for healthcare attorneys counseling any type of healthcare providers or suppliers to understand how the DRA impacts the business and financial operations of their clients and the regulatory changes required to be implemented.