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Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health...
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Keynote Session:
Ebola and the Law: What You Need to Know
SPECIAL ADD-ON SEMINARCOSPONSOR
Health Care Law Section of the State Bar of Michigan
Health Care Investigations– A Case Study Approach
21ST ANNUAL
Health Law instituteMARCH 12–13, 2015 | PLYMOUTH
REGISTER TODAY
www.icle.org/health 877-229-4350
ICLE’s Health Law institute
MARCH 12–13, 2015 | PLYMOUTH
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Keep Pace with Critical Changes in Health Care LawFrom privacy and security issues to new developments in joint ventures, health law issues are front and center worldwide, making it more important than ever to stay current and ahead of trends. Get expert coverage of the topics you care about most and a roundup of essential updates including Stark, fraud and abuse, and the most important local and federal cases and legislation.
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Expert Advice on Critical Health Law Trends Impacting You and Your ClientsFrom the legal aspects of the Ebola outbreak to new models for compensating medical providers and the latest threats to privacy and security, get expert advice on effectively preparing for and advising on these trends.
Exceptional NetworkingJoin 200+ local and national health care professionals involved in every area of health care practice—from litigation and risk management to billing and reimbursement; sales and acquisitions to health care compliance; and more.
Updates in Health Care for Every Practice NeedKeep current as leading experts in the areas of Stark, fraud and abuse, and federal and Michigan law tell you what changes will effect your clients.
New to Health Law Practice?Take home a thorough understanding of foundational health law topics like physician contracting, billing and payments, and medical malpractice concepts in the Core Concepts Track.
Take Home Great ResourcesYour registration includes hundreds of pages of supporting written materials, and downloadable MP3 audio recordings.
One-on-One Workshop with Experts from Around the StateJoin us Wednesday for the special add-on seminar Health Care Investigations—A Case Study Approach. Work in small groups with expert faculty who will guide attendees though a mock case study involving an internal investigation in this hands-on workshop. Additional fees apply.
See page 10
Understand legal issues that arise when infected patients enter the U.S.
See page 6
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DetailsMarch 12–13, 2015
The Inn at St. John’s, Plymouth
CLE Level: Basic/ Intermediate/Advanced CLE: 9
Discounted rooms available at The Inn at St. John’s, Plymouth. Call 734-414-0600 and reference ICLE/Health Law. See page 9
Special Add-On Seminar: Health Care Investigations— A Case Study Approach Wednesday, March 11 One-on-one workshop with experts from around the state. See page 10
Register TodayOnline www.icle.org/health
Call 877-229-4350
Fax 877-229-4351
Mail ICLE, 1020 Greene St. Ann Arbor, MI 48109-1444
Other Hot Topics
Clinically Integrated Networks
Delivering Healthcare to Minors
Handling Joint Venture Transactions
Security and Privacy Breach Prevention
Ebola and the Law: What You Need to Know Understand legal issues that arise when dealing with infectious disease outbreaks.See page 6
ContributorsDenise H. ChryslerThe Network for Public Health Law, Ann Arbor
The Topics You Care About the Most
Jane E. JordanChief Counsel for Health Affairs, Emory Healthcare and Emory University, Atlanta, GA
Matthew Penn (Invited)
CDC Office for State, Tribal, Local, and Territorial Support, Atlanta, GA
“ All of the presentations, without exception, were timely, relevant, and well-presented.Brian P. Lennon, Warner Norcross & Judd LLP, Grand Rapids
Understand legal issues that arise when infected patients enter the U.S.
See page 6
ICLE’s Health Law institute
MARCH 12–13, 2015 | PLYMOUTH
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Agenda
Welcome and Update on Health Care Law Section Activities
THURSDAY, MARCH 12, 2015
FRIDAY, MARCH 13, 2015
1:30pm
2:25pm
3:25pm
Ebola and the Law: What You Need to Know
Federal Regulatory Update
Networking Break
Minors and Health Care: What You Need to Know
Networking Lunch
3:10pm
Core Concepts Track Intermediate/Advanced Track
Key Fundamentals of Physician Contracting
Stark Advanced Session
Demystifying Billing Practices and Payments
GME Resident Performance, Unprofessionalism, and Disputes
Nuts and Bolts of Medical Malpractice Litigation
Structuring Compensation for Quality in the New Health Care Paradigm
Networking Break Networking Break
Michigan Health Law Update
Networking Reception—Sponsored by the Health Care Law Section of the State Bar of Michigan
9:00am
9:20am
10:20am
11:00am
11:15am
12:15pm
4:20pm
5:30pm
10:30am
11:35am
Transactional Track Hot Topics Track
Clinically Integrated Networks: Their Impact on Physicians and Payors
Hot Topics in Labor and Litigation
Recent Trends in Transactions and Joint Ventures
Hot Topics in Privacy and Security
Fraud and Abuse Update
Networking Break
9:00am
10:15am
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Hot Topics TrackJohn C. SchwartzCHE Trinity Health, Livonia
Thursday Plenary Sessions and Intermediate/Advanced TrackJennifer L. BenedictHonigman Miller Schwartz and Cohn LLP, Detroit
Core Concepts TrackLaura Miron NapiewockiUniversity of Michigan Office of the General Counsel, Ann Arbor
Friday Plenary Sessions and Transactional TrackDavid L. RogersRogers & Associates PC Attorneys and Counselors, Farmington Hills
SouthwestRegion4
UniversityRegion47
1229
MetroRegion121
GrandRegion
NorthRegion3
SuperiorRegion0
BayRegion
Years inPractice
0–3
4–5
25–35
5–1515–25
35+
Gender
FemaleMale
By The NumbersData Collected from the 2014 Health Law Institute
Moderators
225Total Health Law Institute attendees
70Attendees in the Business Law Section
68Attendees in the Young Lawyers Section
80%Attendees in the Health Law section
50Solo and small firm lawyers in attendance
74Corporate Counsel lawyers in attendance
Based on sampling of 96% of attendees.
ICLE’s Health Law institute
MARCH 12–13, 2015 | PLYMOUTH
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9:00am/Thursday
Welcome and Update on Health Care Law Section ActivitiesJennifer L. Benedict, Chair, Health Care Law Section of the State Bar of Michigan, Honigman Miller Schwartz and Cohn LLP, Detroit
10:20am/Thursday
Federal Regulatory UpdateDon’t miss this annual opportunity to stay current on all the latest changes in federal regulation. Take away keen analysis of the significance and implications of each new development.Maria B. Abrahamsen, Dykema, Bloomfield Hills
11:15am/Thursday
Minors and Health Care: What You Need to KnowInteractive panel discussion of strategic and pragmatic approaches to common issues healthcare providers address when caring for minors; from identifying lawful decision makers, to handling religious objections, to addressing minor consent and beyond.Hon. Patricia D. Gardner, Kent County Probate Court, Grand Rapids; Cara L. Jansma, Spectrum Health Hospital Group, Grand Rapids; Robert M. Kruse, Mikita Kruse Law Center, Rockford
4:20pm/Thursday
Michigan Health Law UpdateState health care law experts review the top statutory, caselaw, and legal trends in Michigan and give advice on how these changes will impact your health care clients.Lindsay B. Hartman, Warner Norcross & Judd LLP, Grand Rapids; Jennifer B. Van Regenmorter, Foster Swift Collins & Smith PC, Holland
5:30pm/Thursday
Networking ReceptionSponsored by the Health Care Law Section of the State Bar of Michigan
9:00am/Friday
Fraud and Abuse UpdateIn this annual session, learn about the latest government activities and what precautions you must take to protect your clients. Our faculty will give an inside look at the complex landscape of fraud and abuse prosecution in the face of health care reform.Alan G. Gilchrist, The Health Law Partners PC, Southfield; Adam Townshend, U.S. Attorney’s Office—Western District of Michigan, Grand Rapids; Leslie Matuja Wizner, U.S. Attorney’s Office—Eastern District of Michigan, Detroit
9:20am/Thursday
Ebola and the Law: What You Need to KnowIn July, two American aid workers infected with Ebola were medically evacuated to the U.S. for care at a specially designed high-security isolation unit at Emory University Hospital. Now people are being diagnosed in the U.S. These events raise questions and concerns for public health and health care lawyers and their clients, related to legal preparedness for potential infectious disease outbreaks. It also highlights a need to explore the role of law in preparing for this and similar potential public health emergencies. The panelists will discuss legal issues that arise when infected patients enter the U.S. and explore legal powers and duties health department personnel have if Ebola or other similar health emergencies occur in the U.S.Jane E. Jordan, Chief Counsel for Health Affairs, Emory Healthcare and Emory University, Atlanta, GA; Matthew Penn (Invited), CDC Office for State, Tribal, Local, and Territorial Support, Atlanta, GA; Denise H. Chrysler, The Network for Public Health Law, Ann Arbor
Plenary Sessions
Keynote Session
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Contributors
4Hot Topics TrackFriday | Page 9
2Intermediate/Advanced TrackThursday | Page 8
3Transactional TrackFriday | Page 9
1Core Concepts TrackThursday | Page 8
Charles E. Kelly, D.O.Henry Ford Physician Network, Detroit
NOW President and Chief Executive Officer of the Henry Ford Physician Network; chairs the licensing board of the Michigan Board of Osteopathic Medicine and Surgery.
PRIOR Medical Director and Chief of Staff at Saint Joseph Mercy Livingston Hospital; Vice President of Medical Affairs and Chief Medical Officer of St. Joseph's Healthcare.
FACTS Served 14 years as flight/fighter surgeon in the Michigan Air National Guard and was awarded the Air Force Commendation Medal and Meritorious Service Medal.
Leslie Matuja Wizner
U.S. Attorney’s Office—Eastern District of Michigan, Detroit
NOW Deputy Chief of the Affirmative Civil Litigation Unit for the U.S. Attorney's Office in the Eastern District of Michigan.
PRIOR Spent 27 years as government counsel, in-house counsel, and outside counsel in various capacities in the health law arena.
FACTS Prosecutes civil health care and other types of fraud against the federal government including violations under the False Claims Act, Stark Law and Anti-Kickback Statute.
Ralph F. Valitutti, Jr.Kitch Drutchas Wagner Valitutti & Sherbrook, Mt. Clemens
NOW Co-heads the firm’s birth trauma defense practice and serves as national counsel for insurers and major health systems in birth trauma cases in almost every state in the country.
PRIOR Has spent almost four decades as a litigator with his firm and served as first chair in more than 70 trials which have gone to verdict.
FACTS Named a Michigan Super Lawyer every year since 2006 and recognized in DBusiness Magazine as a 2013 Top Lawyer in medical malpractice and professional liability.
Featured Contributors
ICLE’s Health Law institute
MARCH 12–13, 2015 | PLYMOUTH
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2 Intermediate/ Advanced Track
1 Core Concepts Track
1:30pm
Key Fundamentals of Physician ContractingTo be a top-notch health care legal professional it is important to understand the fundamentals of physician contracting. Get an understanding of physician employment and recruitment agreements, professional service agreements between physicians and other health care providers and entities, lease agreements between physicians and other healthcare providers and entities, and more!Marta J. Hoffman, Plunkett Cooney, Bloomfield Hills
2:25pm
Demystifying Billing Practices and PaymentsHealth care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from the time the patient presents for a service (inpatient, outpatient, or professional) to the time the claim is processed and everything in between. Learn the most common codes used, what the billing process looks like when it’s accurate and what can happen when it’s not. Plus, take home a cheat sheet of the most common billing and payment acronyms.Laura Lovett, CPC, CPMA, CEMC, The Rybar Group, Fenton
3:25pm
Nuts and Bolts of Medical Malpractice LitigationGet the basics from two of Michigan’s top litigators as they guide you, step by step, through the medical malpractice suit process. From medical record review to affidavits of merit, to retaining experts, you’ll get the plaintiff and defense perspective and hear how medical malpractice litigation differs from other types in Michigan. Plus, learn the key statutes and court rules governing this area of law. Euel W. Kinsey, Jr., McKeen & Associates PC, Detroit; Ralph F. Valitutti, Jr., Kitch Drutchas Wagner Valitutti & Sherbrook, Mt. Clemens
Thursday Tracks
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1:30pm
Stark Advanced SessionIn this annual update, get the latest information on new cases as well as settlements and trends impacting your practice. Get an understanding of the new Stark Administrative Simplification Act and walk through a case study with fair market value (FMV) challenges.Keith J. Soltis, Kotz Sangster Wysocki PC, Bloomfield Hills; Cynthia F. Wisner, CHE Trinity Health, Livonia
2:25pm
GME Resident Performance, Unprofessionalism, and DisputesWhat happens when your resident doesn’t perform according to program requirements or acts badly? Is professionalism an academic issue managed by the GME program director or is it an employment issue? What rules apply when the resident is moonlighting? Our panel of experts gives you the answers and provides best practice tips for handling resident performance issues, program and accrediting body grievance processes and more. Understand how a resident’s status within a teaching health care organization can impact corrective action steps and what to do to minimize the risk of litigation when dismissal is imminent.Scott J. Geboy, Hall Render Killian Heath & Lyman PC, Milwaukee, WI; Heather Wurster, University of Michigan Health System, Ann Arbor
3:25pm
Structuring Compensation for Quality in the New Health Care ParadigmCompensation for health care providers is changing. Gone are the days when doctors are paid based solely for the number of procedures they perform or patients they see. With the industry putting greater emphasis on, and attaching payment to, quality, outcomes, efficiency, and patient satisfaction, it is essential for practitioners to understand not only the rationale and principles behind the change, but also how both practitioners and valuation experts are navigating this systematic change in how health care providers are being paid.Arthur F. deVaux, Hall Render Killian Heath & Lyman PLLC, Troy; Mary Heymans, Integrated Healthcare Strategies, Minneapolis, MN
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4 Hot Topics Track
3 Transactional Track
10:30am
Clinically Integrated Networks: Their Impact on Physicians and Payors*Take a look at clinical integration through the eyes of the physicians and get a thorough understanding of how their perspectives impact the legal and business aspects of an integrated network. See how the everyday challenges of measuring patient outcomes, reducing costs, and sharing data across all providers necessary for a successful clinically integrated network impact the payor contracting process. Learn tips for getting physician buy-in and get strategies for negotiating physician agreements and payor contracts to ensure you are delivering a truly functional and value-driven network.Charles E. Kelly, D.O., Henry Ford Physician Network, Detroit; Mark S. Kopson, Plunkett Cooney, Bloomfield Hills; Amy B. Thomas-Mellema, Thomas-Mellema Law, Grand Rapids
11:35am
Recent Trends in Transactions and Joint Ventures* Thorny issues often arise with the sale of a medical practice or when hospitals invest in physician group practices such as physician retention and compensation, how to handle Safe Harbor and Stark exceptions, shared ancillary services income and more. Get best practice tips for handling these issues and others from one of Michigan’s top health care transactions expert.David L. Rogers, Rogers & Associates PC Attorneys and Counselors, Farmington Hills
10:30am
Hot Topics in Labor and Litigation*Hear from industry experts about the newest developments in labor law and employment litigation in the health care industry. Get the leading perspectives from in-house and outside counsel regarding organizing strategies and trends and the impact of Right to Work in Michigan.Bruce M. Bagdady, Hall Render Killian Heath & Lyman PLLC, Troy; John C. Schwartz, CHE Trinity Health, Livonia
11:35am
Hot Topics in Privacy and Security*As daily headlines indicate, threats to the privacy and security of patient information are increasing and, at the same time, government is stepping up its enforcement efforts aimed at health care providers. Hospitals, physician groups and other providers need to meet these challenges by prioritizing their privacy and security compliance activities. Learn more about recent developments in the privacy and security arena, and get tips on how your clients can prevent—and mitigate—breaches and other costly HIPAA violations.Leah A. Voigt, Spectrum Health Hospital Group, Grand Rapids
Friday Tracks
AccommodationsThe Inn at St. John’s 44045 Five Mile Road, Plymouth, MI 48170, 734-414-0600
Hotel Information: A block of rooms has been reserved at The Inn at St. John’s, Plymouth, under ICLE/Health Law for March 11–12, 2015. The room rate is $139/night. Please call 734-414-0600 to reserve a room. Reservations must be made by February 25, 2015. Registrants are responsible for their own hotel expenses.
* MP3 download available to all registrants after the seminar
Special Add-On Seminar
Health Care Investigations—A Case Study Approach
Handle Health Care Investigations With ConfidenceWhether you work for a health system or advise health care organizations and physicians—this hands-on workshop is for you. Expert faculty from around the state bring their unique perspectives to help guide attendees through a mock case study involving an internal investigation. Working in small groups, attendees will participate in the investigation and answer key questions like whether to involve outside counsel and why, what issues should be privileged during an investigation, what are the priorities for interviewing witnesses and much more!
Brian P. LennonWarner Norcross & Judd LLP, Grand Rapids
General Overviewbackground info, intro of case study • structure of investigation, things to look for
Group Exercise I—Initial Considerationswho is the investigator? • who is your client? • do employees need their own representation? • short debrief and intro of next topic
Group Exercise 2: Mechanics of the Investigationin-house and outside counsel • witnesses to interview • protecting the investigation • short debrief and intro of next topic
Networking Break
Group Exercise 3: Documenting and Reporting on the Investigationpreparing privileged/protected documents • preparing a final report to be shared as needed
Final Debrief and Conclusionslessons learned • best practice tips to share
Save $30 When You Register for the Health Law Institute
www.icle.org/health877-229-4350
Cosponsored by the Health Care Law Section of the State Bar of Michigan
Level: Basic/Intermediate CLE Level: 3.25
Contributors
MARCH 11, 2015 | 1:30pm–5:00pm | The Inn at St. John’s, Plymouth
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Andrea J. BernardWarner Norcross & Judd LLP, Grand Rapids
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4Mail (form with payment)ICLE, 1020 Greene St. Ann Arbor, MI 48109-1444
2Call (with credit card)877-229-4350
3Fax (form with credit card)877-229-4351
1Online (with credit card)www.icle.org/health
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Persons with disabilities or dietary restrictions: For special arrangements please contact ICLE no later than seven days before the seminar. Walk-in Registrations: Permitted on a space-available basis or if registrants fail to claim their seat in the first 15 minutes of the seminar. Institute Cancellation Policy: In order to receive a full refund, you must notify ICLE by February 26, 2015. After February 26, a $45 handling fee will be assessed. No refunds will be issued after March 5, 2015. Special Add-On Seminar Cancellation Policy: In order to receive a full refund, you must notify ICLE by February 25, 2015. After February 25, a $45 handling fee will be assessed. No refunds will be issued after March 4, 2015.
B. Institute Registration | Pick One
Health Law Institute03/12–13/15
$395 General
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$295 per lawyer (4+ lawyers from the same firm)1
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Health Care Investigations—A Case Study Approach03/11/15
$165 Health Law Institute Registrants
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$165 per lawyer (4+ lawyers from the same firm)1
$95 New Lawyers (0-3 years in practice P75000+)
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Can’t attend? Purchase the electronic materials and select recordings.
$195 Non-ICLE Partners (No Institute Admission)
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15CI-4110
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(-$25)
Keeping Pace with Critical Changes in Health Care Law
COSPONSOR
REGISTER TODAY
Health Law Section of the State Bar of Michigan
www.icle.org/health 877-229-4350MARCH 12–13, 2015 | PLYMOUTH
21ST ANNUAL
Health Law institute
Ebola and the Law: What You Need to Know
Keynote Session Keynote Contributors
Jane E. JordanChief Counsel for Health Affairs, Emory Healthcare and Emory University, Atlanta, GA
Denise H. ChryslerThe Network for Public Health Law, Ann Arbor
Matthew PennCDC Office for State, Tribal, Local, and Territorial Support, Atlanta, GA (Invited)
Keep Pace with Critical Changes in Health Care Law
COSPONSOR
REGISTER TODAY
Health Care Law Section of the State Bar of Michigan
www.icle.org/health 877-229-4350
MARCH 12–13, 2015 | PLYMOUTH
21ST ANNUAL
Health Law institute