Full Agenda

Monday Schedule
 

Tuesday Schedule
 

Wednesday Schedule
 

Monday, June 27

8:00 am-12:15 pm | General Session

Welcome and State of the Association
Cynthia Y. Reisz, David S. Cade

1. Keynote Address
Erin Richardson
Chief of Staff in the Office of the CMS Administrator

2. Keynote Address: Digital Health Technology—Raising Hopes or Raising Barriers?
Dr. Gurpreet Dhaliwal
A clinician-educator and Professor of Medicine at the University of California San Francisco

The cutting edge of digital health technology features artificial intelligence systems that think like doctors and sometimes outthink doctors. But will faster and smarter computers solve the most pressing health issue of our time - disparities - or will technology intensify them? In this talk, Dr. Dhaliwal will challenge the audience to evaluate how they think, act, and advocate when evaluating health technology.

A clinician-educator and Professor of Medicine at the University of California, San Francisco, Dr. Dhaliwal is an expert on how doctors think—how they make diagnoses, how they develop diagnostic expertise, and what motivates them to improve their practice and the systems in which they work—as well as on physician leadership, physician engagement, the future of medicine, and the need for physicians to engage in high-value care and as he addresses these topics, he considers how they intersect with health equity.

Sponsored by FTI Consulting

3. Year in Review
S. Craig Holden, Robert G. Homchick, Kristen Rosati

While not as exciting as the Oscars, Year in Review will be both entertaining and nonviolent. Our speakers will cover key developments over the past year announcing  the winners and roasting the losers. Highlights include:

• Health care reform (what’s up --or down-- with the Affordable Care Act and the Medicaid program)
• COVID-related developments  (the pandemic may be winding down but the related legal issues are not)
• False Claims Act case law and settlements (record setting 2021 recoveries and enforcement trends)
• Stark and Anti-kickback developments
• The rise of telemedicine and its survival past the end of the Public Health Emergency
• Health Care Transactions (from hot trends, to private equity, to tax issues, to new antitrust theories)
• Hot HIT developments (information blocking and interoperability regulatory enforcement, OCR enforcement, and new state laws)
• And much more!

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2:00-3:00 pm

4. The Jetsons: Coming to a Hospital Near You! (not repeated)
Priya J. Bathija, Stephen M. Parodi, Kristen McDermott Woodrum

Is the future the Jetsons’ predicted here now? We work remotely, take classes and stream entertainment from the comfort of our homes, and summon meals and groceries with a click of a finger.  Across the country, patients are receiving care through telehealth, staying connected with their providers through apps, portals and other devices, opting for pharmacy delivery and even receiving acute hospital care in their home. If this is the present, what is the future of provider-based care? The speakers will examine the answer to that question from a policy, business, clinical, and legal perspective throughout this session. In addition, they will discuss the opportunities and challenges health care providers face as they decide whether to return to the “old normal” or implement new care delivery and payment models.

• How care delivery shifted throughout the pandemic, the threats facing traditional care delivery, and how providers are adapting to new expectations and consumer demands

• Which care delivery models and strategies providers implemented successfully to accommodate this shift, the value they generated, and the legal and regulatory flexibilities that made them possible

• How these models may evolve in the future, including how they will be structured to improve health equity and address the societal factors that influence health

• Key decision points that must be evaluated by providers, including, policy, business, clinical and legal considerations at play

• The ongoing benefits and challenges health care providers face as they determine if they will return to the “old normal” or forge their way into a new normal

5. Liability in Long Term Care (not repeated)
Alissa Fleming, Felicia E. Heimer

• Relevant state and federal laws regarding the substandard care of residents, abuse and neglect in the nursing home and skilled nursing setting

• How state and federal regulators interpret the regulations

• Recent enforcement cases including False Claims Act settlements, OIG enforcement actions, and state survey appeals

• OIG enforcement priorities associated with resident care, abuse and neglect in the skilled nursing facilities and nursing homes and factors relevant to its decision making in intervening in FCA cases

• Factors for mitigating risk to residents and providers in these settings

6. Legal Ethics Like a Boss: What Bruce Springsteen Can Teach Health Care Lawyers About Professional Responsibility
Marc D. Goldstone, William W. Horton

Bruce Springsteen’s songs depict a world of ethical ambiguity, legal and moral complexity, and lots of grey areas–in other words, pretty much the same things health care lawyers and their clients deal with every day. This session will take point blank aim at key ethics and professional responsibility issues facing health care lawyers, because someday the OIG and the DOJ may look back on this and it may not all seem funny. And if you get issues like these wrong, you and your clients may not be able to walk away from the price you pay:

• Is your client’s dream deal a lie if it don’t come true, or is it something worse?

• Is it really a kickback even if your client has debts no honest man can pay?

• When it comes to fair market value, must the doctor really learn to live with what she can’t rise above?

• Is your arrangement actually Stark-compliant, or is that just a brilliant disguise?

• What is your duty if your client tells you she’s going to breach the deal, take the money, and flee the country, because she was born to run?

7. Contracting Beyond Traditional Health Care Settings: Model for Virtual First Care (V1C) Payer/Provider Contracts
Andrew Briggs, Matt Chock, Lucia Savage, Patricia Wagner

• What the law says a "health care provider" is and how virtual first care providers fit into existing law
• Examples of existing virtual first providers and the clinical protocols and health care professionals they use to provide services
• How to contract with virtual first providers–the similarities and differences between brick and mortar and virtual first, using the Impact tool kit and experience for illustration

8. Recent Developments in Employment Law for the Health Law Professional​
Robert Niccolini, Danyale Phillips

It’s been quite a year for employment law! From the continuing impact and repercussions of the pandemic to sweeping changes from the new Administration, health care employers and health law practitioners need to understand the shifting legal landscape to better advise their organizations and their clients. Presented by both in-house and outside counsel, this advanced session will address a myriad of cutting edge topics, including:

• Vaccine mandates and the resulting flood of employment litigation

• Emerging Issues at the Equal Employment Opportunity Commission

• Wage and Hour Update and Future Forecast

• Other Federal Legal Developments

9. Navigating the Information Blocking Fog: Practical Steps to Move from Confusion to Clarity
Adam Greene, Amy Leopard

• The obligations and prohibitions of the Information Blocking Rule

• What constitutes a request for "EHI"?

• How will actors' obligations to share EHI change in October 2022?

• What is the role of "reasonableness" in determining whether a health care provider's practice is information blocking?

• What contractual provisions and organizational policies might materially discourage information sharing, be a trap for the unwary, and require remediation?

• Preparing for year 3 and future enforcement, and practical pathways to demonstrate a commitment to information sharing

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3:30-4:45 pm | Extended Sessions

10. Hospital Charges under the Microscope: Operational Implications of the Price Transparency Rule and No Surprises Act
Christi Braun, Andrew Ruskin

• Regulatory underpinnings of acceptable hospital charge structures
• Fundamentals of the Price Transparency Rule and open items
• Fundamentals of the No Surprises Act, both in terms of required disclosures and arbitration procedure
• Impact of the rules on payer practices
• Impact on provider relations with payers, patients, physicians, and other hospitals in the same market

11. Crossing I’s and Dotting T’s:  You Need To Pay Attention To The Details When Taking Action Against A Physician
Lil Delcampo, Matthew Dushoff

• Employed physicians working in large multi-specialty groups have due process peer review rights as well as employment rights
• Physicians have rights unique to physicians, but also have the same rights as any other employee
• When there is an incident and investigation resulting in adverse action, a notice goes out. Two trains start down the track, the “medical staff track” and the “Employment /Administrative Track”
• Sometimes the “Medical Staff Track” breaks off into more peer review branches, Hospital Medical Staff, and Large Multi-Specialty Peer Review Body Track
• Peer Review Hearing Rights–what rights does the physician have, preparing for the hearing, hearing
• HCQIA–explanation/appeal rights after peer review hearing
• Employment Rights–discrimination (age/disability), whistleblowing, and retaliation claims
• Three scenarios to illustrate the tensions among discipline of physicians for “administrative” matters and for “medical disciplinary cause or reason” and the underlying legal risk in each scenario to avoid the pitfalls

12. Information Blocking: Sharing and Enforcement
Elise Sweeney Anthony, Michael Lipinski, Andrew VanLandingham

• The information blocking regulations and  the relationship to the HIPAA rules
• Identification and discussion of ONC resources and guidance for the information blocking regulations, including a look at what’s on the horizon
• Information blocking compliance considerations
• Updates regarding ONC’s and OIG’s information blocking enforcement and relevant regulations
• What to expect when you’re expecting enforcement: OIG’s proposed approach to information blocking investigations and enforcement

13. Partnership Strategies: The Prizes and Pitfalls of Mergers, Joint Ventures, and Flying Solo
Earl Barnes, Danae K. Prousis, Andrew Rehagen, Conor Reidy

In today's health care markets, and in the wake of the pandemic, health care entities are evaluating and selecting a variety of partnership strategies that range from a full asset merger to "going it alone." Each of these strategies has inherent risks, rewards, and regulatory hurdles.  During this session attendees will hear from different perspectives (in-house and outside counsel) and explore the positives and negatives of the pathways that each institution has selected from both a legal and practical perspective. Topics will include:

• Regulatory and Antitrust rules for each pathway
• Increased regulatory scrutiny and enforcement against consolidation
• Challenges in integrating mergers and joint ventures
• Benefits and challenges in contractual and clinical relationships
• The future of health care transactions under current administration and regulatory environment
• Perspectives from the C-Suite, Boards, Management, Staff, and Patients

14. DOJ Litigation and OIG Priorities
Susan Gillin, Michael E. Shaheen, Rohith Srinivas

• Year in review: Discussion of significant FCA cases
• Legal developments in FCA and anti-kickback case law
• COVID-related FCA theories
• OIG priorities and developments

15. Road to 988 Implementation: Rethinking our Crisis System
Kirsten Beronio, Brad Lerner, Reyna Taylor

• Building the ideal crisis system
• Expanding the service capacity of crisis response networks
• Certified community behavioral health clinics as crisis care hubs
• Supporting statewide crisis systems and provider implementation with federal block grants
• Medicaid financing for state investments in crisis stabilization systems
• Telehealth as a key component of crisis stabilization
• Role of convener/oversight organizations in supporting crisis system

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Tuesday, June 28

8:00-9:15 am | Extended Sessions

16. The Digital Health Revolution is Here: Key Considerations for Addressing Fraud and Abuse Risk Areas and Compliance
Kristin Bohl, Kristin Carter, Karen S. Glassman

• Fraud and abuse laws impacting digital health/telehealth vendor, provider and patient relationships, including the False Claims Act, Anti-Kickback Statute, Physician Self-Referral Law and Beneficiary Inducement CMP provisions
• Government guidance addressing key risk areas for digital health arrangements, including advisory opinions, recent enforcement actions and settlements
• Opportunities for use of digital health tools created under the Value-Based Care exceptions and safe harbors implemented through the Regulatory Sprint for Coordinated Care
• Key issues to watch for in telehealth, remote patient monitoring, clinical decision support, and electronic health records/cybersecurity tools
• Insights, practical tips, and “real world” examples for identifying and addressing digital health arrangements

17. Telemedicine Post-COVID: Where Are We and What's Next?
Laura Laemmle-Weidenfeld, Terry Lewis

• Current status of Medicare coverage and reimbursement for telemedicine
• Current status of state changes to telemedicine coverage and reimbursement
• Key challenges for established traditional health care providers using telemedicine
• Trends  among telehealth-only providers
• Law enforcement focus on fraud and abuse in telehealth (criminal, civil, administrative)

18. Risk Adjustment and False Claims Act Cases:  Government Overreach or Reasonable Oversight
Edward Baker, Sean C. Cenawood

• Medicare Advantage and the risk adjustment process
• FCA case trends relating to risk adjustment based on the AHLA MA Risk Adjustment Litigation Toolkit
• Defense and relator perspectives on whether DOJ’s intervention in FCA risk adjustment cases falls into the category of improper regulation by enforcement or the exercise of appropriate discretion
• Predictions as to what is around the corner in FCA litigation relating to risk adjustment, and how the differing roles of plans, providers, and vendors may shape the litigation landscape

10. Hospital Charges under the Microscope: Operational Implications of the Price Transparency Rule and No Surprises Act (repeat)
Christi Braun, Andrew Ruskin

12. Information Blocking: Sharing and Enforcement (repeat)
Elise Sweeney Anthony, Michael Lipinski, Andrew VanLandingham

13. Partnership Strategies: The Prizes and Pitfalls of Mergers, Joint Ventures, and Flying Solo (repeat)
Earl Barnes, Danae K. Prousis, Andrew Rehagen, Conor Reidy

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9:45-10:45 am

19. Care of Transgender Patients: How You Can Help (not repeated)
Kirk Dobbins, Trent Stechschulte

• Pronouns matter: What you should know
• The federal and state regulatory framework in support of health insurance/plan coverage of services for transgender women and men
• Federal and state guidance on coverage of services for transgender women and men
• Past, current, and emerging operational challenges and potential solutions
• State legislation impacting transgender individuals and/or their families
• Practical guidance to make your organization more welcoming for transgender patients or customers

20.Show me the Money: How to Advise Physician Practices When Private Equity comes Knocking on Their Door (not repeated)

Kim Harvey Looney, Michael F. Schaff

• The Private Equity Business Model

• Why are private equity firms interested in medicine?

• The typical terms of a private equity deal

• Regulatory issues presented by private equity deals

• Legal traps and how to avoid them

• What does the influx of private equity mean for physicians and other health care providers?

• Effects of COVID on PE

21. Analyzing and Assessing the Impact of Contracts, Business Practices, and Mergers in Health Care on Labor Markets
Dionne Lomax, Matt Schmitt, Henry Su

The Biden Administration has made clear that the federal antitrust enforcement agencies will devote more time and attention to how contracts, business practices, and mergers may adversely impact upstream labor markets that supply workers in the relevant markets. This program looks at how those inquiries and issues may play out in the health care industry. It will cover recent developments involving labor including non-competes, wage-fixing, no-poach agreements, and horizontal and vertical mergers. This session surveys the current landscape of criminal and civil antitrust enforcement, policymaking, and guidance from the US Department of Justice’s Antitrust Division and the Federal Trade Commission (the “Agencies”) regarding labor markets in health care, which includes:

• Issues and concerns raised by the July 2021 White House Executive Order regarding consolidations, collusion, non-compete provisions, occupational licensing restrictions, and other practices that can depress wages or limit mobility for healthcare workers
• Application of the Agencies’ October 2016 Antitrust Guidance for Human Resource Professionals to the recruitment, retention, and termination of employees in the healthcare industry
• Recent and ongoing criminal prosecutions of healthcare firms by the Antitrust Division for entering into wage-fixing and non-poach agreements
• Preliminary readouts, focusing on healthcare labor markets, from (1) the Agencies’ January 2022 request for information regarding merger enforcement and revision of the merger guidelines, and (2) the FTC’s August 2021 solicitation of public comments on contract terms that harm competition

22. Provider Co-Location: The Final Word or More to Come?
Jesse Berg, David Wright

• On November 12, 2021, CMS issued long awaited guidance on provider co-location arrangements. This session will explore the new guidance in detail and discuss the issue of Medicare / Medicaid co-location issues more generally for a wide range of provider and supplier categories
• History of restrictions on co-location: from Medicare’s definition of “hospital”, to the provider-based regulation, to enforcement actions and informal guidance, to CMS’ latest memo to state survey agencies. Where do all of these restrictions come from and why has it been so important over the years?
• The provider / supplier types for which co-location questions are critical, such as clinical labs, imaging centers, DME suppliers, ASCs and of course hospitals and physician groups.  Unique issues tend to arise depending on the type of provider / supplier at issues so the goal will be to highlight as many as possible
• Stark Law, Anti-kickback Statute, billing and reimbursement matters and other critical issues where providers / suppliers attempt to share space and other inputs for services
• Business models that work as well as ongoing areas of risk
• Open issues that remain and predications about whether additional guidance will be issued down the road

23. Telebehavioral Health 2.0: Where We Are and Where We Are Going
Jeffrey Poizner, Michaela Poizner

In this session, an attorney and a mental health clinician will jointly provide a timely update on laws and guidance impacting delivery of behavioral health care via telehealth, as well as a marketplace overview of telebehavioral health services. The session will cover the latest and greatest in:

• Challenges and opportunities behavioral health clinicians face in the tele-world
• Remote prescribing of controlled substances for medication-assisted treatment for opioid use disorder
• Medicare physician fee schedule rule and inpatient psychiatric facility PPS rule allowances for remote behavioral services (mental health and substance use disorder)
• State law related to psychology / therapy practice across state lines
• Emerging trends in telebehavioral health

24. Now What? The New Normal in Health Care Vaccine Policies
Brian Dean Abramson, Denise Hill

• The EEOC guidance on vaccination policies and understand best practices for determining requests for exemptions
• The outcomes of litigation challenging private health care employer vaccination policies
• Strategies for navigating federal vaccine mandate rules and conflicting state laws/executive orders
• Prepare to respond to common forms of anti-vaccination misinformation
• Anticipate likely new developments in state and federal regulation of vaccination mandates
• The future of vaccine law and policy based on lessons learned from the COVID-19 pandemic

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11:15 am-12:15 pm

25. The New General Counsel’s Agenda–Déjà Vu All Over Again (not repeated)
Jennifer Abruzzo, Jon Anderson

The session with Ms. Abruzzo will be an opportunity for the audience to gain valuable information concerning the priorities and focus of the office of NLRB General Counsel in a wide variety of enforcement areas. The session will cover many topics including:

• Update on staffing, operations, and budget
• Interagency collaboration and cooperation
• Mandatory submissions to Advice/NIFBs-PCA/Employee Status
• Remedies-Consequential Damages/10j/settlements/recognition and bargaining

The NLRA covers both union and non-union workplaces and as such this session will be of interest to both union and non-union employers. Attendees will come away from the session having a better understanding of how the Office of General Counsel works to implement and enforce labor policies.

26. Ethical Challenges and the Impact of  “Artificial Intelligence” on the Practice of Law and Medicine (not repeated)
Gordon Apple, Haavi Morreim

• The vocabulary of Artificial Intelligence (“AI”). Gain an understanding of AI terms such as machine learning,  deep learning, biased data sets, automation bias and black box decision making. 
• Duty of Competence (Rule 1.1)
  • Medical aspects:
    • How should physicians, other providers integrate AI into their practice, given the challenges discussed above
  • Legal aspects:
    • How does the ethical duty of competence require lawyers to understand what AI can/can't do, the risks of using AI in patient care, and applicable regulatory requirements
    • How AI can affect the standards of care by which medical competence is assessed, including providers' integration of AI into clinical practice
    • How should attorneys advise physician/hospital clients regarding AI's effects on the standard of care
• Duty to Communicate (Rule 1.4)
  • Medical aspects:
    • AI and informed consent, patient autonomy: to what extent should patients be informed about the use of AI in their care, and to what extent should patients be entitled to request/refuse the use of AI
  • Legal aspects: 
    • How should attorneys counsel health care providers regarding disclosing the use of AI in clinical care
    • What are the potential contributions vs detriments of adding AI as a "third-party" in the traditional provider/patient relationship
• Duty to Supervise (Rules 5.1, 5.3)
  • Medical aspects: 
    • How should physicians/other providers use AI, or not, to replace or guide subordinate providers in the clinical setting
  • Legal aspects:
    • How, if at all, should attorneys use AI, or not, to replace or guide subordinate providers as they provide legal counsel

27. Everything You Wanted to Know about Ransomware (but were Afraid to Ask)
Devon Ackerman, Laurie Levin, Lynn Sessions

This presentation will provide a look at the life cycle of a ransomware attack on a health  care organization. We will discuss:

• How a health care organization should anticipate detection, manage containment, handle a response, measure operational impact, and determine notification
• Post-incident response overview including: Notification of patients, investigation by regulators, impact on business partners, business interruption and economic impact, and class action and other litigation
• How health care organizations can best prepare for and prevent an incident

28. The End of Global and Professional Direct Contracting and Transition to ACO REACH: Redefining Physician Practice to Deliver Value​
Robert Guenthner​, Katherine Sullivan

• Distinctions between Direct Contracting model and ACO REACH
• Partnering with administrative service providers
• Defining initial performance metrics
• Identifying and contracting with additional participant providers
• Ownership considerations and mergers and acquisitions involving existing participants

29. The Public Health Emergency (PHE) is Ending:  What Should Providers Expect Next?
Thomas Barker, Kimberly Brandt

As the Administration contemplates an end to the PHE, there are significant ramifications for providers. This session will cover the following issues providers should be aware of during this transition:

• Congressional actions to make PHE flexibilities permanent and what else Congress is likely to do
• CMS actions through the CY22 rulemaking cycle to address the permanency of the PHE flexibilities, particularly with respect to telehealth and place of service
• Enforcement actions likely to be undertaken by CMS and HHS-OIG with respect to use of the PHE waivers to date and in the future
• Oversight audits of the Provider Relief Fund payments by HRSA and Accelerated and Advance Payments by CMS

30. Antitrust and Competition Issues in the Pharma Industry
Neely Agin, Aimee E. DeFilippo

• Impact on the pharmaceutical industry from Biden Administration's Executive Order on Promoting Competition in the American Economy
• Trends in pharmaceutical mergers, including increased scrutiny of early pipeline cases and transactions that involve nascent competitors
• Proposed antitrust legislation targeting the pharmaceutical industry, including “reverse payments” and “product hopping”
• Key updates and aspects of generic pharmaceutical pricing litigation and enforcement

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2:00-3:15 pm | Extended Sessions

11. Crossing I’s and Dotting T’s:  You Need To Pay Attention To The Details When Taking Action Against A Physician (repeat)
Lil Delcampo, Matthew Dushoff

14. DOJ Litigation and OIG Priorities (repeat)
Susan Gillin, Michael E. Shaheen, Rohith Srinivas

15. Road to 988 Implementation: Rethinking our Crisis System (repeat)
Kirsten Beronio, Brad Lerner, Reyna Taylor

16. The Digital Health Revolution is Here: Key Considerations for Addressing Fraud and Abuse Risk Areas and Compliance (repeat)
Kristin Bohl, Kristin Carter, Karen S. Glassman

17. Telemedicine Post-COVID: Where Are We and What's Next? (repeat)
Laura Laemmle-Weidenfeld, Terry Lewis

18. Risk Adjustment and False Claims Act Cases:  Government Overreach or Reasonable Oversight (repeat)
Edward Baker, Sean C. Cenawood

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3:45-4:45 pm

31. Transitions: Sustaining Attorney Well-Being During Times of Change (not repeated)
Jennifer Nelson Carney, Anthony Fanucci

• New roles, new employers, new life events—all attorneys experience transitions
• Transitions serve as temporal landmarks and are an important time to focus on your well-being
• The actions you take before and during a transition will set the tone for the future
• Self-sacrifice is not a long term plan—it’s a one-way street to emotional and physical exhaustion

32. What your Compliance Officer Is–and Isn't: Problems with the Dual Role of General Counsel and Chief Compliance Officer (not repeated)
Barry S. Herrin, Ross Ronan

• History of compliance programs and officers
• Scope creep for the compliance officer/general counsel and why it happens
• Potential disadvantages, conflicts, and liabilities for combining General Counsel and Compliance Officer roles
• Application–and limitations–of the Attorney-Client Privilege
• How to overcome obstacles and build/operate an effective compliance program

33. Silent Epidemic:  Workplace Violence in Behavioral Health and Acute Care Settings
Tiffany Buckley-Norwood, Eric J. Neiman

• The prevalence of workplace violence in psychiatric and acute care hospitals and assessing the reasons for increase in recent years
• The perspectives of industry, labor groups, and federal and state regulatory actions, including OSHA enforcement initiatives and state statutory efforts
• The Joint Commission requirements and efforts to reduce the risk of workplace violence, focusing on available literature along with programs and abatements that have proven successful
• Liability and risk management issues, including workers' compensation, liability to patients and visitors, and employment aspects

34. A Tasting of Often Under Appreciated Tax Topics
Rob Cepielik, Michael N. Fine, Kyle Gross

Designed to maximize digestibility for those with both diverse and simple “tax” palates, this year’s update panel offers delights for all, including:

• Cy pres issues in hospital sale transactions (subtle, sous vide)
• Uncompensated care definitions (nutty, undercooked)
• Accountable care organization developments (acidic, piping hot)
• Limited liability exemption standards (layered, light)
• For-profit joint venture review (juicy, pressure cooked)

Blending the flavor profiles of tax “chefs” trained in in-house, outside counsel and accounting/consulting “kitchens,” this panel is sure to serve up some treats.

35. DEI or DIE: Case Studies in What We’ve Learned About the DEI Imperative in the Post-COVID Transition
Komal Chokshi, Andrea Ferrari, Clevonne Jacobs

“Real life” examples of the legal, business and ethics questions that are driving design of DEI initiatives, including:

• The evolving priorities of DEI initiatives and why they matter for ensuring health care quality, value, and health equity
• The changing role of counsel and compliance officers in DEI initiatives
• Understanding fear of DEI initiatives v. competing fear of no DEI initiatives
• Different strokes for different folks–understanding the varied management and executive roles in defining and designing DEI initiatives for organizational and departmental needs, including legal departments, provider workforces and outside counsel and vendor relationships
• The intersection of ethical and professional obligations and DEI
• The historical and evolving challenges of operationalizing and measuring achievement in D, E, and I - from representation to compensation

7. Contracting Beyond Traditional Health Care Settings: Model for Virtual First Care (V1C) Payer/Provider Contracts (repeat)
Andrew Briggs, Matt Chock, Lucia Savage, Patricia Wagner

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Wednesday, June 29

8:00-9:00 am

36. Trends in ERISA Preemption: PBMs, State Consumer Fraud Laws, and State Regulation of Health Care (not repeated)
Thomas J. Sullivan

• Key historical decisions in the ERISA preemption context with an emphasis on recent litigation, including last term's decision by the Supreme Court in the Rutledge case
• Decisions involving state consumer fraud laws and their impact on future efforts at the state level to regulate health care and the role of preemption in the context of such anticipated efforts

37. Annual Alternative Dispute Resolution Update (not repeated)
Geoff Drucker, J. Mark Waxman, Emily Wey

This program will bring attendees up to date on the following dispute resolution topics:

• AHLA Dispute Resolution Service briefing and update
• Recent health care ADR legislation, including the federal No Surprises Act and state surprise billing laws
• Federal and state legislation update, including state ADR laws and the recent ban on ADR for employment sexual harassment cases
• Recent ADR case law
• Other notable ADR developments of the past year

38. The No Surprises Act and Its Impact on the Future of Managed Care
Amanda Hayes-Kibreab, A. Joel Richlin

• The Federal No Surprises Act
  • Updates on rulemaking & litigation
• Obligation of providers to provide good faith estimates
  • Uninsured patients
  • Insured patients (will likely have new rule making on GFE for insured patients by this point)
• Ban on balance billing & required disclosures
  • Updates on requirements for consent to balance bill
• New regulations governing out-of-network reimbursement
  • Scope of “Emergency Services” covered by the Act
  • The qualifying payment amount
  • The open negotiation & independent dispute resolution process
• Current State of Enforcement related to the Act

39. Achieving Your Organization’s Goals and Mission through Strategic Clinical and Corporate Governance
Timothy B. Adelman, Lindsay Laug, Michael Rambert

Too often as In-house legal counsel, we are so busy putting out fires and trying to meet the daily needs of our internal constituents that we do not take the time  to develop corporate governance strategies to achieve our organization’s short and long-term goals and its mission. This presentation will focus on how strategic corporate governance can improve the overall performance of an organization and reduce risk.

• Effective corporate governance is an essential element for any organization to achieve its stated mission
• It is critical that in-house counsel truly understand corporate governance and be able to communicate this concept to the corporation’s administrators, thereby gaining buy-in from the strategic stakeholders
• Strategic corporate governance is a little known and often misunderstood notion, but understanding and employing it can mean the difference between the success or failure of the in-house counsel and the corporation
• Strategic corporate governance makes in-house counsel more efficient and effective while also improving the overall performance of the organization

24. Now What? The New Normal in Health Care Vaccine Policies (repeat)
Brian Dean Abramson, Denise Hill

30. Antitrust and Competition Issues in the Pharma Industry (repeat)
Neely Agin, Aimee E. DeFilippo

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9:30-10:30 am

40. Home Health and Hospice in the Hot Seat-The Compliance Landscape in 2022 (not repeated)
Rachel Hold-Weiss, Kimberly Skehan

• OIG Work Plan and Cares Act
• Government audits of home health and hospice–focus areas for home health, hospice GIP level of care and hospice length of stay
• New hospice survey enforcement actions
• Recent enforcement examples
• Compliance and practice tips

41. When Disaster Strikes Again:  How to Prepare your Organization (not repeated)
Leah Domstead, Alison Hollender

Hospitals and providers face more meta-risks than ever, including impacts of climate change, natural disasters, cybercrime, violence from riots and bomb threats, and political unrest, which impact the ability to care for patients, adequately staff, and ensure necessary supplies. This session will help hospitals and providers proactively handle the scale, intensity, and duration of meta-risks to ensure patient care is uninterrupted by addressing: 

• Implementing solutions to address when systems fail during an emergency, including the loss of medical records during a hurricane, tornadoes that cause structural damage, and violence, bombings, or riots that interfere with staff getting to work or cause communication systems to go down
• Preparing for unexpected meta-risks and the impacts it has on patient care, including expanding licensed space to render care, ensuring sufficient staffing and adopting to limited staffing, providing “just in time” education on new resources, and emotional support for staff and patients
• Adopting an emergency preparedness plan to cover how to continue patient care, utilization of alternate resources, and required funding in the event of a meta-risk
• Developing a streamlined system to quickly credential additional providers and roll out additional care provided via telemedicine
• How to access government funding and assistance to address these issues

8. Recent Developments in Employment Law for the Health Law Professional​ (repeat)
Robert Niccolini, Danyale Phillips

28. The End of Global and Professional Direct Contracting and Transition to ACO REACH: Redefining Physician Practice to Deliver Value​ (repeat)
Robert Guenthner​, Katherine Sullivan

33. Silent Epidemic:  Workplace Violence in Behavioral Health and Acute Care Settings (repeat)
Tiffany Buckley-Norwood, Eric J. Neiman

35. DEI or DIE: Case Studies in What We’ve Learned About the DEI Imperative in the Post-COVID Transition (repeat)
Komal Chokshi, Andrea Ferrari, Clevonne Jacobs

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11:00 am-12:00 noon

42. Using Genomic Data in Health Care Research: Legal Considerations to Support Innovation (not repeated)
Maggie Huston, David Peloquin, Alya Sulaiman

• Why genomic research/real world data (RWD) is important for advancing precision medicine and innovations in patient care
• Types of genomic and related data (patient germline/inherited data; somatic/tumor data; viral DNA/RNA, etc.) and how that data is classified under existing legal/regulatory frameworks, as well as a high-level overview of common technologies that generate that data (next-generation sequencing, genotyping, PCR, etc.)
• Legal considerations surrounding how genomic data is used in clinical trials and observational studies (privacy, data use, clinical laboratory regulations, FDA regulation of in vitro diagnostics and considerations related to investigational device exemptions, equity, etc.)
• Is it possible to de-identify or anonymize genomic data?

6. Legal Ethics Like a Boss: What Bruce Springsteen Can Teach Health Care Lawyers About Professional Responsibility (repeat)
Marc D. Goldstone, William W. Horton

21. Analyzing and Assessing the Impact of Contracts, Business Practices, and Mergers in Health Care on Labor Markets (repeat)
Dionne Lomax, Matt Schmitt, Henry Su

27. Everything You Wanted to Know about Ransomware (but were Afraid to Ask) (repeat)
Devon Ackerman, Laurie Levin, Lynn Sessions

29. The Public Health Emergency (PHE) is Ending:  What Should Providers Expect Next? (repeat)
Thomas Barker, Kimberly Brandt

39. Achieving Your Organization’s Goals and Mission through Strategic Clinical and Corporate Governance (repeat)
Timothy B. Adelman, Michael Rambert

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12:15-1:15 pm

9. Navigating the Information Blocking Fog: Practical Steps to Move from Confusion to Clarity (repeat)
Adam Greene, Amy Leopard

22. Provider Co-Location: The Final Word or More to Come? (repeat)
Jesse Berg, David Wright

23. Telebehavioral Health 2.0: Where We Are and Where We Are Going (repeat)
Jeffrey Poizner, Michaela Poizner

34. A Tasting of Often Under Appreciated Tax Topics (repeat)
Rob Cepielik, Michael N. Fine, Kyle Gross

38. The No Surprises Act and Its Impact on the Future of Managed Care (repeat)
Amanda Hayes-Kibreab, A. Joel Richlin

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