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2017 Annual Health Law Symposium Agenda
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November 2, 2017

 


 

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Join IAHA in Chicago
for an exciting line-up of speakers and 
educational opportunities!

*** When registering online, select the sessions you wish to attend however, these selections are for planning purposes and are not binding.  

Thursday, November 2, 2017
SYMPOSIUM AGENDA AT A GLANCE
  Time Sessions
7:00am - 8:30am 

REGISTRATION

7:30am - 8:30am

Early Bird Session

HEALTH LAW 101 
(General Credit 1.0)

This session provides an overview of key areas of health law: fraud and abuse, devices and drugs, patient privacy, charity care and tax exemption, and hospital/physician relationships.  If you are a current health law student, or new to the practice of health law, you may wish to attend this program.

Speakers:
Christopher Anderson, Hogan Marren Babbo & Rose, Ltd
Jason Greis, McGuire Woods LLP

8:30am – 9:30am

Plenary I

 

UPDATE FROM WASHINGTON – UNCERTAINTY AND CHAOS CONTINUES
(General Credit 1.0)

What happened with Repeal & Replace?  What happens now?  Is bipartisan reform possible? Is the ACA on life support – who’s pulling the plug?  What’s the impact on provider's patients? How are providers coping with the chaos in DC?  Maryjane Wurth, EVP and COO of the American Hospital Association, will take us behind the headlines to help make sense of the last six months – and perhaps the next six months – in federal health policy.

Speaker:

Maryjane Wurth, American Hospital Association

9:30am – 10:30am

Plenary II

EMBRACING DIVERSITY & INCLUSION & IMPROVING THE PRACTICE
OF HEALTH LAW 
(Professional Responsibility Credit (Ethics) 1.0) 

Health lawyers are surrounded by change and complexity: a constantly changing regulatory environment, rapid advances in health care, and the shifting strategic landscape.  But our workplaces are often bastions of inertia and homogeneity – law is one of the least diverse and inclusive of all professions. Heeding the recent call to action by the IAHA Board, we are pleased to present two national experts to discuss why diversity and inclusion are critical to the practice of health law and how individuals and organizations can start or strengthen efforts to foster diversity and inclusion in their workplaces.

Speakers:  
Sharon Jones, Jones Diversity, Inc.
Joseph West, Duane Morris LLP

10:30am - 10:45am 

BREAK

10:45am – 11:45am

Plenary III

HEALTH CARE ENFORCEMENT IN 2017:
TRENDS, KEY DEVELOPMENTS AND EMERGING ISSUES 
(General Credit 1.0)

Since 2009, the Department of Justice has recovered more than $19 billion from the health care industry from fraud and false claims act cases.  In 2016, the government reported a 5-year high in convictions, and civil settlements and judgments by state Medicaid Fraud Control Units.  This panel will discuss the current enforcement trends in health care, review significant legal developments, and explore emerging areas of liability.  

Speakers:
Rob Barba, Office of the IL Attorney General
Linda Wawzenski, US Attorney’s Office 

Moderator:  
Heather O’Shea, Jones Day
 

11:45am –12:00pm 

BREAK

12:00pm – 1:15pm

LUNCH

1:15pm – 2:15pm  

CONCURRENT SESSIONS 1, 2, 3, and 4

1. 

ANTI TRUST PERSPECTIVES OF AN AFFILIATION
(General Credit 1.0)

The litigation which ultimately derailed the proposed affiliation between Advocate Health Care and Northshore University HealthSystem provoked a number of questions about an affiliation in an urban market, including market definition and the treatment of academic medical centers in the geographic market, the viability of efficiency arguments, and recognizing the introduction of a new product.  A panel of three lawyers involved in the case will discuss their perspectives on these and other issues.

Speakers:  
Sean Pugh, Federal Trade Commission
Eric Tower, Advocate Health Care
Kenneth Vorrasi, Drinker Biddle 

2. 

FISMA, FAR, NIST, AND HIPAA REQUIREMENTS THAT HEALTHCARE PROVIDERS NEED TO KNOW WHEN WORKING WITH THE FEDERAL GOVERNMENT
(General Credit 1.0)

Healthcare attorneys should know the cyber and privacy laws that apply to relationships with the federal government. Health care providers and industry receive Medicare data, collaborate with NIH on research, receive grant funding from HHS, and sell services and equipment such as medical devices to the VA.  During this session, the speakers will provide a crosswalk of the FISMA, NIST, and HIPAA security standards, explain when FISMA, FAR and NIST standards are required, and walk through hypotheticals to demonstrate the standards and ways in which to establish compliance mechanisms. Hot topics in cyber security and privacy will be discussed

Speakers:
Marilyn Hanzal, Illinois Health and Hospital Association
Jonathan Meyer, Shepard Mullin

3. 

HEALTHCARE INVESTING UNDER THE TRUMP ADMINISTRATION
(General Credit 1.0)

The Patient Protection and Affordable Care Act (ACA) had a significant impact on the U.S. health care system, and helped develop – or accelerate – many current health care regulatory trends, such as the ongoing transition to value-based care.  These trends will be examined from the unique perspective of each segment of the health care industry, including payors, providers, pharmaceutical and medical device companies, and health information technology companies.

Speakers:
Earl Barnes, Advocate Health Care
Deborah Gersh, Ropes & Gray

4. 

RISK ALLOCATION IN PHYSICAN ARRANGEMENTS
(General Credit 1.0)

This topic will address areas of risk allocation in contracts between physicians and healthcare employers, which can be managed and minimized through proper contract negotiation and drafting

Speakers:
Ericka Adler, Roetzel & Andress, LPA
Devin Marcovici, Northwestern Memorial Health Care

2:15pm – 2:30pm BREAK

2:30pm - 3:00pm 

CONCURRENT LIGHTNING ROUNDS - New This Year!
(Rapid Fire Review of the Top 5 Things You Need to Know Today)

LR-1


TRENDS IN STARK ENFORCEMENT
(General Credit 0.5)

This session will provide an analysis and discussion forum for recent trends in Stark Law enforcement and strategies to both avoid liability and respond to governmental inquiries when your clients become targeted by or involved in such actions.

Speaker:
Brian Annulis, Meade, Roach & Annulis, LLP

 LR-2

FROM ADRS TO ZPICS:  RESPONDING TO MEDICARE/MEDICAID AUDITS
(General Credit 0.5)

This session will discuss the Medicare and Medicaid audit process, including the types of contractors conducting audits, potential audit outcomes, and tips for responding to audits.

Specific Issues To Be Covered:  

  • Types of government agencies and contractors who audit health care providers
  • Scope of authority of agencies and contractors, including types of record requests, interim corrective action authority, lookback periods
  • Potential consequences of audits
  • Intersection between audits and false claims act liability
  • Strategies for responding to audit requests
Speaker:

Kate Proctor, Season’s Hospice & Palliative Care

 LR-3

NAVIGATING THE CHANGES TO HOME HEALTH AND HOSPICE 
(General Credit 0.5)

The session provides a summary of fiscal year 2018 final rule on hospice payment and quality report program changes.  It also offers an update to home health pre-payment review, the face-to-face requirement, the new conditions of participation, and the status of the Value-Based Purchasing Model.

Speaker:
Michelle Lin, Lin and Patel, LLC

 

 LR-4

BONDS (PRIVATE USE AND TAX COMPLIANCE) 
(General Credit 0.5)

Learn the latest on what institutions with tax-exempt bonds must do, particularly in physician and management services contracting, to comply with the restrictions applicable to tax-exempt bond users.

Specific Issues to be Covered:
  • Recent regulations concerning partnerships of exempt organizations as exempt users.
  • What’s covered and not covered by rules on service contracts.
  • Forget the Rev. Proc. 97-13 compensation and term limits:  some new flexibility under Rev. Proc. 2017-13 for service contracts.
  • New importance for bond proceeds allocations:  term limitations on service contracts depend on useful life of property being used.
  • Update your templates: new provisions required in service contracts under Rev. Proc. 2017-13.
Speaker:
Elizabeth Mills, Proskauer Rose


3:00pm – 3:15pm BREAK 

3:15pm – 4:15pm CONCURRENT SESSIONS 5, 6, 7, AND 8

5. 

THE EMPLOYMENT LAW BERMUDA TRIANGLE: SAFELY NAVIGATING THE CONFLUENCE OF THE ADA, FMLA, AND WORKERS' COMPENSATION LAWS
(General Credit 1.0)

The Bermuda Triangle may not appear on a map, but anyone who has dealt with the confluence of the Americans with Disabilities Act ("ADA"), Family and Medical Leave Act ("FMLA"), and Workers' Compensation issues would have reason to believe that it exists. Dealing with the intersection of these laws can leave experienced business people and human resource professionals feeling lost. Our experienced employment lawyers will give you the knowledge and tools to ensure that you can safely navigate your company through the triangle.

Speakers:
Robert Entin, Polsinelli
Scott Gilbert, Polsinelli

6. 

HIPAA ENFORCEMENT FROM THE TRENCHES: ENFORCEMENT TRENDS, INVESTIGATION AND AUDIT PREPARATION, AND SETTLEMENT NEGOTIATION
(General Credit 1.0)

The U.S. Department of Health & Human Services Office of Civil Rights (OCR) has been extremely busy in 2016 and 2017 with record levels of enforcement. This presentation will highlight enforcement trends and provide an update on the OCR phase 2 audits. The presentation will discuss how to prepare for and survive an audit or investigation including such topics as: the use of the OCR’s audit protocol, working with outside experts, building an audit/response team, and mitigation following an incident.

Speakers:
Carolyn Metnick, Akerman LLP
Julie Roknich, Presence Health 

7. 

KEEPING YOUR FOOTING ON SHIFTING GROUND:
TRANSACTIONS IN A RAPIDLY CHANGING HEALTHCARE ENVIRONMENT
 
(General Credit 1.0) 

Speakers will identify current trends in structuring health system, accountable care organization, physician employment, practice lease, and/or other types of provider transactions and will provide attendees with a practical framework to spot potential issues early on and to successfully manage the many key participants in the transaction process. The speakers – and their clients – have learned these lessons “the hard way”, but you don’t have to!

Speakers:
Megan Rooney, McDermott Will & Emery LLP
Stuart Schaff, Veralon

8. 

DEMYSTIFYING PREDICTIVE ANALYTICS AND MACHINE LEARNING IN TRANSFORMING HEALTHCARE DELIVERY
(General Credit 1.0)

While the use of predictive analytics and supporting technologies has become a hot topic for the healthcare industry, their use is advancing at a pace that the healthcare delivery system cannot maintain. There are many barriers to integration of predictive analytics within the care delivery system: complex legal and regulatory environment, capital and human resource constraints, insufficient EMR interoperability, technology fatigue, misaligned stakeholders, communication gaps, and disconnected workflows. Despite these challenges, innovative industry participants are using predictive analytics to create efficiencies and deliver better clinical outcomes. 

This session will provide an overview of predictive analytics and supporting technologies, including:

  • Demystifying key concepts and definitions
  • Discussing the history of these “emerging” technologies
  • Examining case studies of healthcare industry participants using predictive analytics to create efficiencies and deliver better clinical outcomes
  • Assessing how, why and when predictive analytics may affect healthcare industry participants and how they can take advantage of such predictive analytics arrangements within their organizations

Speakers:
Gill Eapen, Stout Risius Ross, LLC 
Dennis O’Donnell, Pinpoint Care, LLC

Moderator:
Jean Marie R. Pechette, Polsinelli

4:15pm – 4:30pm

BREAK

4:30pm - 5:30pm 

HEALTHCARE ATTORNEYS AND PRIVACY: UNDERSTANDING YOUR
OBLIGATIONS AND PROFESSIONAL RESPONSIBILITY,
INCLUDING EMAIL AND ELECTRONIC COMMUNICATIONS

(Professional Responsibility Credit (Ethics) 1.0) 

The Model Rules of Professional Conduct changed in the last few years to take a more proactive approach to privacy obligations for lawyers, especially when it comes to the use of technology and client representation. All states have adopted changes to Rule 1.1 and more than half the jurisdictions (including Illinois) have adopted Comment 8 to Rule 1.1, which addresses an ethical duty of technology competence. Rule 1.6(e) also changed and comments in many jurisdictions (including Illinois) were added to address confidentiality concerns. Recently, the American Bar Association (ABA) issued Opinion 477, dealing with Rules 1.1 and 1.6(e) and confidentiality of email communications with clients. In addition to the ABA and other rule changes for lawyers, organizations such as the Association of Corporate Counsel have issued guidelines for clients to consider when dealing with law firms.

Please join Daniel Cotter and David Gilmartin as they provide an overview of the relevant rules of professional conduct and the changes that have recently been implemented to address the intersection of technology and effective representation. They will apply the rules to areas including use of the cloud, encryption of emails, use of public Wi-Fi, and other applications. The session will leave the participants with a better understanding of the importance of understanding the technologies lawyers are utilizing and taking preventive measures to minimize their exposures to ransomware attacks and hacking, as well as some measures healthcare lawyers can take to help minimize their organizations’ and clients’ exposures.

Speakers: 
Daniel Cotter, Butler Rubin Saltarelli & Boyd LLP
David Gilmartin, The Joint Commission

5:30pm – 6:30pm

RECEPTION


 

**An application for Illinois Minimum Continuing Legal Education (MCLE) will be submitted to the Illinois MCLE Board and to the Illinois Supreme Court Commission on Professionalism. Attendees may earn up to 7.50 credit hours including 2 hours of professional responsibility credit.

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