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2020 Annual Health Law Symposium


2020 has been an unprecedented year in Health Law. IAHA Symposium Chair Nick Brescia, with the support of his Committee, have built a schedule of symposium sessions that are equally unprecedented. You won't want to miss the information and expertise this year!

This year's symposium will be presented virtually, including "live" sessions that have simultaneous discussion with our speakers on the evening of November 9th and on the morning of November 10th, Plus, you'll have a manifest of breakout sessions available for CLE credit through December 31, 2020.

We've significantly discounted the price of this year's registration ticket cost, understanding many organizations have tighter education budgets. IAHA members are ONLY $150, and IAHA Student Members are FREE. Non-members are $260. 

 

To better understand how our virtual symposium will work, click here.

To download the registration brochure, click here.

Skip baggage check and Register today for this year's symposium!


Presented Virtually, November 9, 2020

5:30pm - 6:30pm Not available for viewing afterward - so mark your calendars now!

Navigating Your Career Path: Law School and Beyond

Moderator: Shprintza Block

Panelists:

Nanette Bufalino,  Associate General Counsel,  Ann & Robert H. Lurie Children’s Hospital of Chicago

Theresa Cross,  Associate, VedderPrice

Jason Greis, Partner, Benesch Friedlander Coplan & Aronoff LLP

Erik Martin,  Associate, Polsinelli, PC

Session Description: A panel discussion focusing on navigating your career during and after law school. Recent grads to experienced attorneys from various environments will share their insights on landing your first job, networking, gaining experience in different areas of health law, building your reputation in the health law community, and growing your career. (1hr general CLE credit)

 

Presented Virtually, November 10, 2020

8:30am - 12:30pm  Not available for viewing afterward - so mark your calendars now!

Welcome and Opening Remarks

 

COVID-19 Pandemic - Retrospective, Future Preparedness, Social Impact on
Vulnerable Populations

Panelists:

Alison Arwady, MD, MPH, Commissioner, Chicago Department of Public Health

Omar B. Lateef, DO, Chief Executive Officer, RUSH University Medical Center

George N. Miller, MHSA, FACHE, President & CEO, The Loretto Hospital

Session Description: Not since the 1918 Spanish Flu have we experienced a worldwide pandemic.  This session will address the lessons we have learned from the COVID-19 pandemic and, in particular, its impact on vulnerable communities.  Panelists include the Commissioner of the Chicago Department of Public Health, who will discuss the City of Chicago ongoing response to the pandemic, and hospital leaders, including leaders of both a major academic medical center and a safety net hospital, who will discuss their organizations responses.  Special focus on how we can better prepare for the next wave of COVID and for future pandemics. (1.25hr general CLE credit)

 

2020 Election: What’s Next for Illinois Healthcare?

Panelists:

Stephanie Altman, Director of Healthcare Justice and Sr. Director of Policy, Shriver Center on Poverty Law

Sarah Macchiarola, Vice President, Federal Government Relations, Illinois Health and Hospital Association

Samantha Olds Frey, Chief Executive Officer, Illinois Association of Medicaid Health Plans

Session Description: The 2020 election could have profound impacts on the national and state healthcare landscape. The two major national parties have very different views regarding the future of the healthcare industry and insurance coverage. This plenary will feature Illinois-focused policy and legislative experts to discuss how the election results will likely impact national policymaking and the healthcare environment in Illinois, including Illinois Medicaid and Illinois providers. (1.25hr general CLE credit)

 

Compassion Fatigue:  Sustaining the Professional Self

Presenter:

Dr. Diana Uchiyama, JD., Psy.D, Executive Director, Illinois Lawyers Assistance Program

Session Description: Lawyers, like others in the helping professions, are at risk for experiencing compassion fatigue. Lawyers in certain practice areas, such as criminal, family, immigration, or juvenile law may be especially susceptible to compassion fatigue, as they are regularly exposed to human-induced trauma, and are called on to empathetically listen to victims’ stories, read reports and descriptions of traumatic events, view crime or accident scenes, and view graphic evidence of traumatic victimization. Those with high caseloads and those with a high capacity for empathy are also at risk for experiencing compassion fatigue. (1 Hour Mental Health/Substance Abuse Professional Responsibility Credit)

 

On-Demand Sessions Available for CLE Credit through 12/31/20

 

75-Minute session

C1 - New Information Blocking Rule – Highlights and Compliance Strategies

Panelists:

Marilyn Lamar, Principal, Liss & Lamar, PC

Jen Wooten-Ierardi, Vice President, Integrity, Northwestern Memorial HealthCare

Session Description: The 21st Century Cues Act enacted in 2016 prohibits “information blocking” by health care providers, certain IT developers and health information exchanges/networks.  Information blocking was broadly defined in the Act and the Health and Human Services Office of the National Coordinator was directed to develop a rule with exceptions. The Notice of Proposed Rulemaking had over1,900 comments and the final rule was published in May 2020.  The eight exceptions set forth in the rule include detailed conditions and the definitions are key to understanding the rule.  The disincentives for information blocking by providers are yet to be determined, but for other entities they may be up to $1.0 million. Information blocking is a paradigm shift requiring more disclosure of patient information - compared to disclosures permitted, but not required, under HIPAA. (1.25hr general CLE credit)

 

60-Minute Sessions

C2 - Hot Topics Regarding Hospital Property and Sales Tax Exemptions:  COVID-19 Impacts, PILOT Agreements, and Other Recent Developments and Emerging Issues

Panelists:

Kurt Leifheit, Vice President, Corporate Counsel, Carle Health

Steven Pflaum, Co-Chair, Litigation Department, Neal, Gerber, Eisenberg

Session Description: Hospital tax exemption issues have grabbed headlines for nearly two decades. While        Illinois not-for-profit hospitals and their affiliates have been able to maintain property and sales tax exemptions under legislation passed in 2012, significant legal, political, and financial challenges to hospital exemptions remain. This session identifies the storm clouds on the horizon that threaten the progress that has been made—from the potential impact of COVID-19 on hospitals’ ability to satisfy the statutory exemption criteria, to pending legal challenges working their way through the courts, to the growing clamor for PILOT agreements to defray the cost of providing municipal services to hospitals. Speaking from their experience with cutting-edge exemption issues confronting hospitals in our state, the speakers will provide informed, practical advice for addressing these and other challenges that hospitals may face in the aftermath of the pandemic and the years that follow. (1hr general CLE credit)

 

C3 - Updating Health Care Contracts in 2021: What We Learned from COVID-19

Panelists:

Ericka Adler, Shareholder, Roetzel & Andress

Thomas Conley, Partner, Saul Ewing Arnstein & Lehr

Session Description: This presentation will address the various ways in which the COVID-19 epidemic impacted traditional healthcare contract provisions.  The speakers will explore various real-life scenarios and their outcomes and discuss lessons learned and how healthcare contracts should be updated to: (a) solve potential contract issues that exist with common language; (b) provide parties with greater flexibility to address crises situations; (c) specifically address future crises such as a pandemic; and (d) provide alternative solutions to unexpected events. The presentation will also address the conflict between the parties regarding semantic differences and potential resolutions for employment agreements, professional services agreements, and shareholder/operating agreements.  Contract provisions that will be explored include compensation, scheduling/location commitments, force majeure, termination, amendments, severance pay and restrictive covenants. (1hr general CLE credit)

 

C4 - Telehealth: The Future is Here

Panelists:

Nancy L. Kaszak, Director, Illinois Telehealth Initiative

Laura Dunlap-Messineo, RN, MHA, Vice President TeleHealth, AMITA Health

Rachel Dvorken, General Counsel, MDLive

Session Description: Prompted by the pandemic, telehealth restrictions were temporarily lifted and service providers across the country launched a full scale, unplanned pilot in service delivery via telehealth.  This discussion will reflect on how the lessons of these past few months will inform policies that will determine the future of telehealth. (1hr general CLE credit)

 

C5 - Stemming the Opioid Epidemic: A Behavioral Health Approach

Panelists:

Kelly Epperson, Vice President and General Counsel, Rosecrance Health Network

Ellen Montgomery, Director of Mental Health Policy and Advocacy, Cook County Sheriff’s Office

John Schomberg, General Counsel, Illinois Department of Human Services

Session Description: Opioid abuse is a public health crisis affecting most communities in Illinois. This crisis requires a multi-disciplinary approach that engages medical professionals, mental health and substance abuse experts, law enforcement agents, legal practitioners, and policymakers. Our panelists will discuss policies and programs that the state agencies and behavioral health organizations put together to tackle the issue, as well as how in-house and outside counsel can advise clients to maximize overdose recovery while addressing local policies and regulations. (1hr general CLE credit)

 

C6 - The Affordable Care Act (ACA) in 2020 - Ongoing Court Challenges, Interpretation, Price Transparency, and Administration

Panelists:

Wendy Epstein, Professor of Law, Faculty Director, Mary and Michael Jaharis Health Law Institute, DePaul

Robert Kaestner, Research Professor, University of Chicago Harris School of Public Policy

Session Description: At a decade old, the Affordable Care Act continues to face legal challenges and to evolve under Trump Administration initiatives.  This session will address recent and upcoming Supreme Court cases affecting the ACA, including California v. Texas (challenging the individual mandate and threatening the entirety of the law), Little Sisters of the Poor v. Pennsylvania (on the contraceptive mandate), and Maine Community Health Options v. United States (on risk corridor payments). The status of litigation on the Trump Administration price-transparency rule covering hospitals will also be addressed. The panelists will opine on the likely implications of these cases on health and healthcare access in the United States. (1hr general CLE credit)

 

C7 - EHR Litigation - Plaintiff and Defense Perspectives

Panelists:

Tom Mulroy III, Partner, Salvi, Schostock, & Pritchard

Jay Winslow, Partner, Hinshaw & Culbertson LLP

Session Description: Skilled attorneys have become increasingly familiar with Electronic Health Record (EHR) systems and how they operate.  While EHR technological advancements have created new opportunities for healthcare providers to defend medical malpractice lawsuits, these same tools are being used to unearth novel evidence of potential wrongdoing.  Understand how EHR configuration, training, and utilization can impact discovery, expert witnesses, and trial practice, as well as outcomes in medical malpractice lawsuits. (1hr general CLE credit)

 

C8 - Payment Issues - Government Audits and Investigations – Why They Occur, What They Entail, What is at Stake, and How You Can Assist Your Clients

Panelists:

Stephen Chahn Lee, Litigation Partner, Benesch Friedlander Coplan & Aronoff LLP

Michael I. Joseph, Sr., Counsel, Advice Branch, Office of Counsel to the Inspector General, U.S. Department of Health and Human services

Judith S. Sherwin, Of Counsel, Roetzel & Andress

Session Description: A provider has received a government request for medical records and claims data.  Now what?  Join this panel of experts with diverse backgrounds in working as government, civil, and criminal defense counsel on understanding government audits and investigations.  Attendees will learn the differences between audits, civil investigations, and criminal investigations, what triggers each, what procedures are involved, what are the potential financial or other outcomes, and what can be done to help the client. (1hr general CLE credit)

 

C9 - Stark Law Regulatory Updates For 2020

Panelists:

Curtis Bernstein, CPA, CHFP, ASA, Partner, Pinnacle Healthcare Consulting

Neal Shah, Partner, Polsinelli PC

Session Description: 2019 and 2020 have seen significant changes to the application of the Stark Law. The Centers for Medicare and Medicaid Services have modified the law substantially through sweeping waivers in response to the COVID-19 pandemic as well as procedural changes to its advisory opinion.  New proposed exceptions for value-based care and other regulatory clarifications may also have a significant impact on the future application of the law. This presentation will survey the recent changes to the Stark Law and discuss practical implications for hospitals, physician practices, and other providers that must comply with the law during this period of change. (1hr general CLE credit)

 

30-Minute sessions

C10 - Leading the Way to Zero by Learning from the Ordinary

Panelist:

Lisa Vandecavaye, JD, MBA, HRM, FACHE, General Counsel, The Joint Commission

Session Description: As healthcare organizations continue to strive for safer care and implementation of high reliability principles, leadership teams and their attorneys struggle to find ways to make these concepts actionable for front line staff.  The ability to recognize and act on unsafe conditions is paramount to patient and staff safety.  The High-Reliability Health Care Maturity Model delineates areas of performance to support healthcare organizations’ focus on the goal of zero harm, to create a culture where unsafe conditions are recognized and eliminated before they can cause harm and in the application of Robust Process Improvement methods to persistent and complex problems.  This session will offer guidance in learning from ordinary conditions in the context of risk and will provide specific strategies and tools to strength safety systems. (.5hr general CLE credit)

 

C11 - Evolution of Hospital and Health System Innovation Centers

Panelists:

Ryan Bertram, Principal, Chartis Group

Greg Fosheim, Attorney, McDermott Will & Emery LLP

Session Description: Hospital and health system “Innovation Centers” are emerging across the healthcare landscape, with hospitals and health systems looking for new and novel ways to partner with non-traditional entities.  However, given the lack of consensus on the definition of what is “innovative,” if you’ve seen one Innovation Center, you’ve seen one Innovation Center.  This topic will explore the impetus behind the drive towards innovation and will discuss key business and legal challenges that should be considered, including due diligence, governance, conflicts of interest, data and intellectual property, and other considerations.  The goal will be to encourage the attendee to bring a few questions home:  What is our innovation strategy?  How does that strategy integrate with our enterprise-wide strategy?  How will we define success?  Do our goals align with our initiatives?  Until these questions are answered, a hospital or health system will struggle to innovate in a meaningful, measurable way. (.5hr general CLE credit)

 

C12 - COVID-19 Employment Law Issues: A Nine-month Retrospective and Meeting the
Challenges to Come

Panelists:

Nick Anaclario, Shareholder, VedderPrice

Session Description: During this presentation, we will address some of the most pressing questions and concerns among healthcare organizations related to COVID-19 and employer liability. In particular, this presentation will address and provide practical guidance related to the Families First Coronavirus Response Act and the DOL’s ever-changing interpretation of it, OSHA and CDC requirements, and the EEOC’s most recent guidance on reasonable accommodations. This session will conclude with insight about other emerging areas of liability related to COVID-19 and what actions healthcare employers can take now to ensure compliance. (.5hr general CLE credit)


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