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Practice Group Luncheons

 

Each of the Association's Practice Groups will hold a luncheon at the Annual Meeting. The luncheons are an additional fee, space is limited, and pre-registration is required.

SUNDAY, JUNE 27
11:50 am-1:00 pm

In-House Counsel
sponsored by MediTract, Inc.

Don't miss the most exciting luncheon of the week! You will be entertained by the creative video highlighting the activities of the In-House Practice Group over the last year. You will also be entertained by real-life, too-weird-to-be-true stories told by fellow health law attorneys competing for the Eleventh Annual Golden Ferret Award. As you listen to your colleagues recounting their strangest work-related escapades, you will gain a new appreciation for your own practice environment. The coveted Golden Ferret Award will be presented to the luncheon participant who tells the most entertaining and outrageous true-life anecdote from their in-house practice. The winner will also receive a free registration to next year's In-House Counsel Program.

MONDAY, JUNE 28
12:30-1:45 pm

Business Law and Governance and Physician Organizations (joint luncheon)
sponsored by Sullivan Cotter and Associates Inc.
Prospects for New Delivery Systems and Reimbursement Models

Panelists: 
Patrick Hagan, MHSA
President and Chief Operating Officer, Seattle Children's Hospital, Seattle, WA
Rick D. Woods, Esq.
Executive Vice President and General Counsel, Group Health Cooperative, Seattle, WA
Kim H. Roeder, Esq. (Moderator)
King & Spalding LLP, Atlanta, GA

Description:
Healthcare reform has dominated the national discourse, and it will remain a predominant theme even with enactment of reform legislation. This luncheon program will consider the development of new models in the healthcare delivery system and payment methodologies brought about due to reforms. The discussion will also cover suggested provisions for demonstration projects that are expected to guide future changes in an effort to encourage cost efficiencies and quality of care.

Payors, Plans, and Managed Care
sponsored by Berkeley Research Group LLC

HITECH Update: Don"t Lose Your Lunch!

Presenters:
Katherine M. Keefe, Esq.
Marshall Dennehey Warner Coleman & Goggin, King of Prussia, PA
Todd M. Ebersole, Esq. (Moderator)
Vice President and Senior Associate General Counsel, Prescription Solutions, a UnitedHealth Group Company, Irvine, CA

Description:
This luncheon presentation will provide an intermediate level of insight and practical information on recent healthcare Health Insurance Portability and Accountability Act (HIPAA) privacy and security developments, including Health Information Technology for Economic and Clinical Health (HITECH) Act breach analyses. Specifically, Katherine Keefe will provide a status on breach reporting, business associates' HITECH compliance and HIPAA enforcement actions, and will highlight HITECH's compliance guidances expected from the Office of Civil Rights. Katherine will also lead an interactive risk assessment of an actual HITECH breach.

Regulation, Accreditation, and Payment

Voluntary Refunds of Overpayments Now Mandatory: New Deadlines, Definitions, and Difficulties for Providers, Suppliers, and Plans Resulting from Healthcare Reform Legislation 

Presenters:
Timothy P. Blanchard, Esq.
Blanchard|Manning LLP, Orcas, WA 
Judith A. Waltz, Esq.
Foley & Lardner LLP, San Francisco, CA

Description:
The Patient Protection and Affordable Care Act included changes to the nature and process for the refund of overpayments. A process that was previously voluntary is now mandatory and must be remitted within sixty days from the date on which the overpayment is "identified". The presenters will lead a discussion about these changes and their impact on providers, suppliers, and plans.

Hospitals and Health Systems and Teaching Hospitals and Academic Medical Centers (joint luncheon)

sponsored by MediTract Inc. and Quorum Health Resources LLC

Changing Healthcare Policy and Changing Technology: Which One is in the Driver's Seat? What Does the Road Ahead Look Like for Hospitals and Other Healthcare Providers?
Presenter:

Bruce D. Greenstein
Managing Director, Worldwide Health, Microsoft Corporation, Redmond, WA

Description:
The stimulus bill is injecting billions of dollars into the U.S. health information and communication technology. Policies are designed for hospitals and clinicians to procure technology in order to increase patient care quality and create efficiencies. Providers now have a new set of technology demands with which to contend, replete with proposed regulations, and market dynamics. Who will dictate the future use of information and communication technology for providers—policy makers or clinicians?

TUESDAY, JUNE 29
12:30-1:45 pm

Antitrust

An Update on Antitrust Enforcement by the Federal Trade Commission

Presenters:
Richard A. Feinstein
Director of the Bureau of Competition, Federal Trade Commission, Washington, DC
Toby G. Singer, Esq. (Moderator)
Jones Day, Washington, DC

Description:

  • Hospital merger developments: cases and merger guidelines revisions
  • Physician issues: conduct, consolidation, and clinical integration
  • Pharmaceutical and medical device issues: pay-for-delay and merger

 

Healthcare Liability and Litigation and Labor and Employment (joint luncheon)
sponsored by Berkeley Research Group LLC
Employee Data Theft in the Digital Age: A Discussion of Privacy, Liability, and Litigation Issues

Presenter:
Robert R. Niccolini, Esq.
Ogletree Deakins Nash Smoak & Stewart PC, Washington, DC

Description: 

This presentation will address the following topics:

  • Contractual, tort, and trade secret claims against former employees
  • The Computer Fraud and Abuse Act
  • Use of forensic experts
  • Privacy concerns

Medical Staff, Credentialing, and Peer Review
sponsored by MDReview
National Practitioner Data Bank: Changing Times

Presenter:
Cynthia Grubbs JD, RN
Deputy Director, Division of Practitioner Data Banks, Bureau of Health Professions, Health Resources and Services Administration, U.S. Department of Health and Human Services, Rockville, MD

Description: 
With the implementation of Section 1921 of the Social Security Act and the enactment of healthcare reform, the National Practitioner Data Bank (NPDB) is expanded to collect and disseminate adverse information beyond actions based on professional competence and conduct on physicians and dentists. This presentation will describe the regulatory and policy impact of the changes on the NPDB, including draft NPDB Guidebook changes.

 

Tax and Finance
Open Forum Discussion of Recent Issues and Current Developments

Presenters:
Thomas K. Hyatt, Esq.
Sonnenschein Nath & Rosenthal LLP, Washington, DC
Monica Gianni, Esq.
Davis Wright Tremaine LLP, Seattle, WA
Nolan A. Newman, CPA
Newman Dierst Hales PLLC, Seattle, WA 
Donald B. Stuart, Esq. (Moderator)
Waller Lansden Dortch & Davis LLP, Nashville, TN

Description: 
This luncheon will provide an interactive discussion between the panel and luncheon attendees on a variety of tax-related topics of interest. Luncheon attendees will have the opportunity to ask questions and share insight in an open forum with the moderator and panel on issues they are facing in their healthcare tax practice. In addition, the panel will be able to discuss current developments and other hot topics of interest for both for-profit and nonprofit healthcare tax practitioners. This is also a great opportunity to meet fellow members and network in an informal setting.

The panel agenda is as follows:

  • Health Care Reform – Key Tax Provisions
    • New Section 501(r) requirements for tax-exempt hospitals – Impact and compliance issues
    • General impact on health care businesses - Tax credits, reporting, business penalties

  • Hospital Governance and Form 990 Update
    • IRS Governance Project and questionnaires for hospitals
    • Are we seeing “good governance” practices, internal controls, changes?
    • Form 990 - What did we learn from the first round of 990

  • Accounting and Tax Related Changes – What Counsel Needs to Know
    • FIN 48
    • Workpapers and work-product protection – Impact of Textron?
    • New reporting of uncertain tax positions – Schedule UT

  • Other Topics of Interest

WEDNESDAY, JUNE 30
12:15-1:30 pm

Fraud and Abuse
sponsored by HealthCare Appraisers Inc.
The Whistleblowers and the Prosecutors: What is in Store for the Healthcare Industry?
Discussion Panel: 

Frederick M. Morgan, Jr., Esq. (Relator Counsel)
Morgan Verkamp LLC, Cincinnati, OH
Mark Allen Kleiman, Esq. (Relator Counsel)
Law Office of Mark Allen Kleiman, Los Angeles, CA
Roann Nichols, Esq. (Government Counsel)
Assistant US Attorney, Healthcare Fraud Coordinator, US Attorney's Office, District of Maryland, U.S. Department of Justice, Baltimore, MD
Sara Winslow, Esq. (Government Counsel)
Assistant US Attorney, U.S. Attorney's Office, Northern District of California, San Francisco, U.S. Department of Justice, San Francisco, CA
Kathleen McDermott, Esq. (Moderator)
Morgan Lewis & Bockius LLP, Washington, DC

Description: 
Healthcare industry fraud investigations originating under the qui tam whistleblower provisions of the False Claims Act continue to drive U.S. Department of Justice (DOJ) healthcare fraud investigations and recoveries. The interaction of whistleblowers with prosecutors has a profound impact on the healthcare sector in how investigations are processed. This luncheon program will focus on the mysteries associated with the collaboration of whistleblowers and prosecutors in pursuing fraud investigations against the healthcare industry sectors, and the theories of liability advanced and debated from the whistleblower and prosecutor perspectives. A distinguished and nationally prominent panel of False Claims Act practitioners, relator counsel Frederick Morgan and Mark Kleiman, and government counsel, Assistant U.S. Attorney for the District of Maryland and Health Care Fraud Coordinator Roann Nichols and Assistant US Attorney for the Northern District of California Sara Winslow, will discuss the processing of whistleblower allegations under seal and how the interaction with whistleblowers and prosecutors work to advance or decline healthcare fraud investigations.

Health Information and Technology and Life Sciences (joint luncheon)
sponsored by Berkeley Research Group LLC
After HITECH, How Might Health Information Exchange Change Our Lives?

Panelists:
Robert L. Coffield, Esq.
Flaherty Sensabaugh & Bonasso PLLC, Charleston, WV
Matthew Holt
Health Care Strategist and Author, The Health Care Blog, San Francisco, CA 
Jacqueline Studer, Esq.
General Counsel, Healthcare Information Technology, GE Healthcare, Barrington, IL
Rebecca L. Williams, RN, JD (Moderator)
Davis Wright Tremaine LLP, Seattle, WA

Description: 
The new administration has launched an aggressive health information technology expansion strategy. Since February 2009, new legislation and regulations have touched upon nearly every aspect of the potential and promise of electronic health information exchange including: the changing landscape of health information privacy and security requirements at both the state and federal levels; the roll-out of broad-based electronic medical record technologies and subsidies for "meaningful use" of those technologies; and the harnessing of clinical data to improve public health, establish comparative effectiveness initiatives, and fuel innovation. New social networking media and increased focus on personalized medicine further demonstrate the sea change likely to occur in our healthcare delivery model due to improved access to information. Our roundtable will discuss the year in review and, based on the past year's events, what participants can read in the tea leaves about the future of electronic health information exchange, usage, and innovation.

Long Term Care, Senior Housing, In-Home Care, and Rehabilitation
Tweeting, Friending, Posting, Linking . . . Oh My . . . The Legal Implications of Employee Social Networking

Presenters:
Elizabeth M. Foley, Esq.
Legal Counsel, HCR Manor Care, Toledo, OH
Sarah E. Swale, Esq.
Lane Powell PC, Seattle, WA
Ari J. Markenson, Esq. (Moderator)
Benesch Friedlander Coplan & Aronoff LLP, White Plains, NY

Description: 
Social media has taken us one step beyond the information age. Personal privacy has taken a back seat to sharing your soul with the internet masses. This digital age openness stands in dark contrast to the need for personal privacy, particularly in healthcare matters. Employees of healthcare providers are just as likely to make use of social media devices where they can instantly share anything with anyone with an internet connection. This timely program will discuss the significant legal implications involved in employee use of social media.

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