Schedule

This program will be formatted as a traditional one day in-person program - we are excited for attendees to connect and network in person.

AHLA is committed to providing a safe and healthy environment for program participants and staff. AHLA has adopted preventative measures to reduce the potential spread of the COVID-19 virus, including proof of vaccine, and is following guidance provided by the US Centers for Disease Control and local authorities. Attendees are also expected to do their part and abide by AHLA’s Duty of Care.

Faculty Information

Schedule with Room Assignments

Saturday, June 25, 2022

2:00-6:00 pm

Registration and Check-In
Register Early! Come to AHLA Registration area to print out your badge. We'll need your proof of vaccine or a negative PCR test on the Clear Health App and Badge QR code that is emailed prior to the program for check-in.

Sunday, June 26, 2022

7:00 am-5:45 pm
Registration and Check-In Come to AHLA Registration area to print out your badge. We'll need your proof of vaccine or a negative PCR test on the Clear Health App and Badge QR code that was emailed prior to the program for check-in.

7:00-8:00 am
Continental Breakfast, sponsored by HealthCare Appraisers, Inc. This event is included in the program registration fee. Attendees and faculty are welcome

8:00-9:15 am GENERAL SESSION
8:00-8:15 am Welcome and Introductions Greg J. Matis, Program Planning Chair 8:15-9:15 am 1. Disruptive Collaboration: Exploring Health Care Utilities Dan Liljenquist The story of developing the exciting new health care utility model in which health care entities form a self-sustaining, mission-driven corporation intended to disrupt stagnant or oligopolistic markets in ways that benefit consumers and competition. CivicaRx, a not-for-profit generic drug company with over 1400 member hospitals created to ensure that essential generic medications are available and affordable to everyone

9:30-10:45 am EXTENDED SESSIONS

2. Data Analytics in Health Care Enforcement and Compliance (not repeated) Ahmed Elganzouri Michelle Frazier Matthew Krueger DOJ, HHS OIG, and other agencies increasingly rely on sophisticated data analytics to guide enforcement efforts against health care fraud, waste, and abuse, which increases the need for compliance programs to use data analytics. In this panel, we will discuss: Health care enforcement trends and the evolving ways that enforcement agencies use data analytics to guide enforcement efforts DOJ’s expectations for compliance programs, including effective use of data Practical steps to take to improve use of data in compliance activities, including risk assessments, audits, and investigations Challenges to using data effectively, including data availability, technical limitations, and the need to prioritize efforts		3. Hot Topics in Legal Operations Greg J. Matis (Moderator) Joshua B. Murphy David W. Rowan Michelle Johnson Tidjani Recruiting, Retention, Engagement—In an increasingly tight labor market that has added inflationary pressures and the new wild-card of remote work arrangements, ideas for recruiting, retaining and engaging a high-performing legal team Value—against the backdrop of significant pressure to cut “overhead” costs, successful strategies for objectively tracking and demonstrating the law department’s value. How to be prepared for and stay ahead of outside consultant cost cutters Operational Excellence—health care organizations increasingly expect their legal departments to join as full participants in their continuous improvement operating models, with expectations for the legal department to adopt huddle boards, KPIs, operating metrics, etc. Best practices for implementing operational excellence in legal services Client Satisfaction—innovative strategies for emphasizing the “service” in legal services by measuring and improving client satisfaction through service-level agreements, surveys, client rounding, etc.

4. Efficiently and Effectively Managing Government Law Enforcement Investigations Catherine Creely Robert Salcido How to identify government investigations and internal complaints that are most likely to expose the company to substantial potential exposure to liability Steps to coordinate internal and external resources to best respond to investigations and litigation threats and protecting attorney-client privilege Best practices to manage and coordinate regarding document production, witness interviews, and substantive presentations to the government Considerations and strategy related to when to pursue settlement and when to continue with litigation when addressing government investigations and litigation		5. Surge, Recover, Repeat: Ongoing COVID-Related Health Care Workforce Challenges Deborah Dos Santos Kristen McGurn Vaccine roll-out strategies: Lessons learned for the future Industry litigation trends Worker wellness: Benefits, accommodations and long-COVID Strategies to combat staffing challenges

10:45-11:15 am
Coffee Break, sponsored by HealthCare Appraisers, Inc.

11:15 am-12:15 pm

6. You’ve Been Discharged, Now Please Leave: Difficult Discharges, Real World Solutions (not repeated) Ellie Bane Peggy Kozal Real world and hypothetical scenarios involving difficult discharge scenarios. Presenters will discuss various discharge hypotheticals, analyze them from a legal and operational perspective and provide potential solutions to typical impediments. The two panelists have decades of experience in representing both acute care and post-acute care clients Practical framework for handling difficult discharges and discuss legal issues impacting coordination of care efforts between acute acre and SNF and LTC facilities. Perspectives from both sides of the discharge (acute and SNF/LTC) will be presented to analyze what each side desires and needs to facilitate the discharge/transfer Creating strategies for addressing difficult patient family dynamics, problematic discharges (violent patients), and discharge issues related to COVID Practical advice for responding to appeals of nursing home discharges, with takeaways aimed at providing a framework for facilitating operational guidance		7. Guilty by Association-How In-House Counsel Can Help Avoid and Mitigate Reputational Harm from Business Partnerships (not repeated) Rebecca Cady H. Guy Collier A template risk assessment tool for in house counsel to use with their internal business partner to assess the potential reputational risk of the proposed partner Key documents the in house counsel should review in conjunction with their review of the partnership agreement An escalation process for review and approval of potentially risky partners Clauses to insert into partnership agreements to enhance your ability to identify and mitigate reflected reputational risk

8. The New Focus on Board Composition, Organization and Process Anne Murphy Michael Peregrine This program will address in detail several key considerations, with information regarding broad governance process trends, practical considerations and examples, and key legal developments: Assuring board composition, and committee structure, is calibrated to reflect ESG, diversity and inclusion priorities, and mission critical risk areas such as patient safety; regulatory compliance; workforce culture, retention and recruitment issues; M & A/joint venture oversight; and cyber and data priorities Developing robust board refreshment and succession plans, with renewed consideration of how the board is organized to implement these Assessing overall board and committee structure, and reporting relationships with senior management, to mitigate legal risk associated with heightened federal enforcement attention and the “Monaco Memo”, as well as continued development of “mission critical” risk oversight requirements under Delaware law Updating board policies regarding director independence and conflicts of interest, with focused attention on innovation, research and commercialization initiatives in which directors may have a potential conflict The future of virtual board meetings, with detailed attention to improving operational performance of virtual meetings and balancing the advantages of in-person meetings		9. The Federal Health Policy Outlook: What to Expect in 2022 and Beyond Jason J. Hill Eric Zimmerman As the President and Congress head into the backstretch of 2022 and the mid-term elections, what should health policy changes should health care stakeholders expect? This session will identify anticipated federal health policy changes in 2022 and beyond, and assess how those changes could affect client strategies, budgets and transactions. Top priorities include: Telehealth expansions and other public health emergency waivers Surprise billing regulations Affordable Care Act expansion Medicaid expansions Mental health support Medicare reimbursement changes Drug pricing reforms

12:15-1:30 pm
Luncheon Hosted by In-House Counsel Practice Group, Sponsored by HealthCare Appraisers, Inc. Included in program registration; attendees and faculty welcome. Continuing Education Credits are not available.

1:45-2:45 pm

10. The Role Your Compliance Program Plays in a Transaction: A Cautionary Tale
(not repeated)
Mary Malone
Valerie G. Rock

Preparing for a transaction with a health care entity, whether as the seller or buyer, can be a complex process. It is important to acknowledge the role your compliance program plays in any transaction from the selling price to the issues that can arise during the due diligence process. We will address how to navigate audit activity and corrective actions followed by a case study that examines a transaction involving multiple compliance issues. This program will provide practical advice by addressing:

How to prepare for a transaction from a compliance perspective
How to address and resolve identified compliance problems
Advice for entities with good compliance programs, mediocre programs, and non-existent compliance programs
Considerations for the timing of bringing a transaction to market

11. Legal Ethics/ Legal Advice as Ethics Consultation: Navigating Those 2 AM Phone Calls From the Emergency Department
(not repeated)
David N. Hoffman

In any consultation situation lawyers have an ethical obligation to first determine whether a request from a clinician is strictly for advice about interpretation of the law, or also amounts to a request for the appropriate application of the referenced statute, regulation or common law obligation
In the case of the latter, the attorney has a threshold ethical obligation to determine whether their advice should be protective of the institutions business interests or the institutions duty of care to its patients
By extension, when a lawyer is consulted about a patient care situation, particularly in the middle of the night, they (she/he) must make a threshold determination whether they are acting to advise the clinician on meeting the standard of care, or directing the clinician regarding ways to minimize liability exposure for the institution
In some clinical circumstances it is ethically impossible to simultaneously give competent advice that addresses the consultation needs of both the clinician and the institution
We will examine the application of these principles to a variety of clinical case studies, starting with the most ethically challenging, from a legal and ethical perspective: Patient refusal of a recommended cesarian section

12. And If You Don’t Know, You Really Should Know: Managing Privacy and Security Risks in Health Care Transactions
Ethan Rii
Sheila Sokolowski

Health care is data, and data is health care. In our era of big data and advances in data analytics, personal data is increasingly being used by health care organizations to inform value-based care and deliver evidence-based information to improve the quality of care. At the same time, health care organizations are increasingly the targets of cyberattacks such ransomware and phishing attempts. This session will describe how these factors contribute to ever-increasing data privacy and security risks especially in the context of health care transactions and the processes for managing those risks during the lifecycle of the transaction. We will address, among other topics:

Privacy and security risks from the point of view of health care transaction counsel
Due diligence–the “show-stoppers” and the questions to ask
Managing client expectations around privacy and security risks
Best practices during the lifecycle of the transaction

13. Telehealth – Soup to Nuts
Allison Cohen
Gayle Lee

Telehealth Legislative/Regulatory Framework
- Telehealth statutes/regulations overview- where to look, who is the regulator, what is regulated?
- What Temporarily Changed During COVID-19?
- Which Regulations Remain in Place?
- Temporary Legislative Extension of Telehealth Waivers
Key Considerations When Reviewing Telehealth Arrangements
- Reimbursement
- Professional Board Requirements/Licensure/Scope of Practice
- Fraud and Abuse Considerations
- Corporate Practice of Medicine
- Privacy
Operational Considerations and Exemplary Arrangements
- Examples of health care innovation/use of telehealth services
- Stakeholder input on recent rulemaking (e.g., Medicare coverage of telebehavioral health)
- Health Equity
Insights into Telehealth Compliance and Enforcement
- Recent Regulations and Rulemaking
- OIG and DOJ Enforcement Trends


3:00-4:15 pm \| Extended Sessions

14. How to Succeed in Litigation Every Time – Best Practices from Both a Plaintiff and Defense Perspective (not repeated) Damaris Medina Michael Paulhus A. Joel Richlin Litigation is a fact of life for all in-house counsel and it can make or break a budget as well as directly impact the company’s financials. This presentation will discuss best practices for litigation management from both the Plaintiff and Defense side on a range of topics, including: Selecting the right counsel and negotiating win/win fee structures; Creating a strong partnership between the in-house counsel, outside counsel, and business operators How to add value by partnering with outside counsel to provide training opportunities for in-house lawyers Cost containment and managing the budget (including insurance considerations); Managing internal stakeholders during the lifecycle of a case, including potential witnesses in the case Effective use of e-discovery Public relations considerations		3. Hot Topics in Legal Operations (repeat) Greg J. Matis (Moderator) Joshua B. Murphy David W. Rowan Michelle Johnson Tidjani Recruiting, Retention, Engagement—In an increasingly tight labor market that has added inflationary pressures and the new wild-card of remote work arrangements, ideas for recruiting, retaining and engaging a high-performing legal team Value—against the backdrop of significant pressure to cut “overhead” costs, successful strategies for objectively tracking and demonstrating the law department’s value. How to be prepared for and stay ahead of outside consultant cost cutters Operational Excellence—health care organizations increasingly expect their legal departments to join as full participants in their continuous improvement operating models, with expectations for the legal department to adopt huddle boards, KPIs, operating metrics, etc. Best practices for implementing operational excellence in legal services Client Satisfaction—innovative strategies for emphasizing the “service” in legal services by measuring and improving client satisfaction through service-level agreements, surveys, client rounding, etc.

4. Efficiently and Effectively Managing Government Law Enforcement Investigations (repeat) Catherine Creely Robert Salcido How to identify government investigations and internal complaints that are most likely to expose the company to substantial potential exposure to liability Steps to coordinate internal and external resources to best respond to investigations and litigation threats and protecting attorney-client privilege Best practices to manage and coordinate regarding document production, witness interviews, and substantive presentations to the government Considerations and strategy related to when to pursue settlement and when to continue with litigation when addressing government investigations and litigation		5. Surge, Recover, Repeat: Ongoing COVID-Related Health Care Workforce Challenges (repeat) Deborah Dos Santos Kristen McGurn Vaccine roll-out strategies: Lessons learned for the future Industry litigation trends Worker wellness: Benefits, accommodations and long-COVID Strategies to combat staffing challenges

4:30-5:30 pm

8. The New Focus on Board Composition, Organization and Process (repeat) Anne Murphy Michael Peregrine This program will address in detail several key considerations, with information regarding broad governance process trends, practical considerations and examples, and key legal developments: Assuring board composition, and committee structure, is calibrated to reflect ESG, diversity and inclusion priorities, and mission critical risk areas such as patient safety; regulatory compliance; workforce culture, retention and recruitment issues; M & A/joint venture oversight; and cyber and data priorities Developing robust board refreshment and succession plans, with renewed consideration of how the board is organized to implement these Assessing overall board and committee structure, and reporting relationships with senior management, to mitigate legal risk associated with heightened federal enforcement attention and the “Monaco Memo”, as well as continued development of “mission critical” risk oversight requirements under Delaware law Updating board policies regarding director independence and conflicts of interest, with focused attention on innovation, research and commercialization initiatives in which directors may have a potential conflict The future of virtual board meetings, with detailed attention to improving operational performance of virtual meetings and balancing the advantages of in-person meetings		9. The Federal Health Policy Outlook: What to Expect in 2022 and Beyond (repeat) Jason J. Hill Eric Zimmerman As the President and Congress head into the backstretch of 2022 and the mid-term elections, what should health policy changes should health care stakeholders expect? This session will identify anticipated federal health policy changes in 2022 and beyond, and assess how those changes could affect client strategies, budgets and transactions. Top priorities include: Telehealth expansions and other public health emergency waivers Surprise billing regulations Affordable Care Act expansion Medicaid expansions Mental health support Medicare reimbursement changes Drug pricing reforms

12. And If You Don’t Know, You Really Should Know: Managing Privacy and Security Risks in Health Care Transactions (repeat) Ethan Rii Sheila Sokolowski Health care is data, and data is health care. In our era of big data and advances in data analytics, personal data is increasingly being used by health care organizations to inform value-based care and deliver evidence-based information to improve the quality of care. At the same time, health care organizations are increasingly the targets of cyberattacks such ransomware and phishing attempts. This session will describe how these factors contribute to ever-increasing data privacy and security risks especially in the context of health care transactions and the processes for managing those risks during the lifecycle of the transaction. We will address, among other topics: Privacy and security risks from the point of view of health care transaction counsel Due diligence–the “show-stoppers” and the questions to ask Managing client expectations around privacy and security risks Best practices during the lifecycle of the transaction		13. Telehealth – Soup to Nuts (repeat) Allison Cohen Gayle Lee Telehealth Legislative/Regulatory Framework Telehealth statutes/regulations overview- where to look, who is the regulator, what is regulated? What Temporarily Changed During COVID-19? Which Regulations Remain in Place? Temporary Legislative Extension of Telehealth Waivers Key Considerations When Reviewing Telehealth Arrangements Reimbursement Professional Board Requirements/Licensure/Scope of Practice Fraud and Abuse Considerations Corporate Practice of Medicine Privacy Operational Considerations and Exemplary Arrangements Examples of health care innovation/use of telehealth services Stakeholder input on recent rulemaking (e.g., Medicare coverage of telebehavioral health) Health Equity Insights into Telehealth Compliance and Enforcement Recent Regulations and Rulemaking OIG and DOJ Enforcement Trends

5:30-6:30 pm
Welcome Reception for the Annual Meeting, sponsored by BRG This event is included in the program registration; attendees, faculty, and registered adult, teen, and youth guests welcome.

In-Person Program Format

How It Works

We will offer in-depth breakout sessions where speakers and attendees can interact and collaborate with each other in-person.
We consider the health and safety of all those onsite at in-person programs our top priority. AHLA will follow guidance and requirements issued by the CDC as well as by state and local government and are working with the hotel to ensure your health and safety as we transition back to in-person programming.
All attendees, who register for the in-person program, will be required to commit to our Duty of Care agreeing to follow the protocols we establish and monitor their own health for the health and safety of all.
To minimize crowding, we are offering extended time for registration. We have adopted a new onsite registration system by providing seamless, touchless check-in, onsite badge printing, and safety supplies to all attendees to use while in attendance.
Built-in extended time between sessions for moving from room to room, networking with colleagues, and personal breaktime.
Socially distanced seating arrangements in breakout rooms, regular cleaning in and around meeting spaces, and appropriate signage/floor decals to reinforce spatial distancing and other safety reminders.
The program sessions will be recorded. Recordings of the presentations, along with the materials will be available for purchase after the program for those that are unable to attend in person. More information on our ePrograms.

Benefits of the In-Person Program

After a year of virtual programming, you will finally be able to step out from behind your computer and network face-to-face with other health law professionals.
Interact with colleagues at in-depth breakout sessions.