AMERICAN HEALTH LAWYERS ASSOCIATION

2015-2016 Practice Group Planned Activities and Project Report

December 2015

Practice Group: In-House Counsel Chair: Charles Whipple

Project Title / Project Coordinator(s) / Project Description / Start Date / Projected Completion Date / Actual Completion Date / Status /

Chair

/ Charles Whipple / 12/18/15: Submit written Mid-Year Report to the Board of Directors
5/20/16: Submit written Annual Report to the Board of Directors / 7/1/15 / Ongoing
Membership / Clevonne Jacobs / Vice Chair to serve as liaison between Practice Group and Membership Board Committee to recruit and retain members for the Association and the Practice Group. / 7/1/15 / 6/30/16 / Ongoing
Publications / Tizgel High / Vice Chair to coordinate Publications Committee, AHLA Connections feature article, and The In-House Counselor newsletter. Also to serve as liaison between Practice Group and Professional Resources Board Committee. / 7/1/15 / 6/30/16 / Ongoing
Educational Programs / Robert Gerberry / Vice Chair to coordinate mid-year and annual meeting luncheons, teleconferences, and serve as a liaison between Practice Group and Program planning committee. / 7/1/15 / 6/30/16 / Ongoing
Research and Website / Kimberly Peery / Vice Chair to monitor and oversee In-House PG sub-site of AHLA website; make suggestions for additional postings, web links, etc. Also responsible for email alerts. / 7/1/15 / 6/30/16 / Ongoing
Strategic Planning and Special Projects / Vice Chair responsible for special projects throughout the year.
May include: coordination of Affinity Group development and activities; assistance with coordination of mentoring program for new members; assistance with coordination of Mid-Year and Annual Luncheons etc. / 7/1/15 / 6/30/16 / Ongoing
Social Media Coordinator / Leanne Binkley / Coordinates social media postings and post AHLA publications and events. / 7/1/15 / 6/30/16 / Ongoing
Discussion List
In-House Counsel List / Kim Peery / Regularly monitor In-House discussion list and post questions to stimulate activity. / 7/1/15 / 6/30/16 / Ongoing

Meeting: Mid-Year

/ Co-sponsor a luncheon at the 2016 Physicians and Hospitals Law Institute in Austin, TX (February 8-10, 2016). Description and faculty due to AHLA on November 10, 2015.
Date: Monday, February 8, 2016
Title: TBD
Speakers: TBD / 2/16 / 2/8/16 /

Meeting: Annual

/ Sponsor a luncheon meeting at 2016 In-House Counsel in Denver, CO (June 27, 2016). Description and faculty due to AHLA on February 1, 2016.
Date: Sunday, June 27, 2016
Title: Golden Ferret Award / 6/27/16
Newsletter (#1)
In-House Counselor / Charles Whipple / Publication of newsletter discussing and analyzing recent developments in relevant areas of health law. / 1/15 / Annual Meeting / 6/2/15 / Done
Newsletter (#2)
In-House Counselor / Charles Whipple / Publication of newsletter discussing and analyzing recent developments in relevant areas of health law. / 10/15 / 11/15 / 11/24/15 / Done
Member Briefing (#1) / Title: Highlights of the 2015 Databank Guidebook: Navigating the New NPDB
Author: Michael Callahan, Michael Cassidy, Kimberly Daniel, Rosalind Gagliano, Robert Harrison, Beth Anne Jackson, and Robin Locke Nagele
Co-Sponsors: NPDB Work Group of MSCPR, AMC, Antitrust, HCL, HHS, IHC, Labor, Physicians, ACE AG, ACO and ERM TF / 5/15 / 6/15 / 6/4/15 / Done
Member Briefing (#2) / Title: Analysis of Key Provisions Contained in the 2016 Medicare Physician Fee Schedule Proposed Rule
Authors: Nancy Gillette, Amy McCullough, Sarah Browning, Reesa Handelsman, and Jessica Forster
Editors: David Lewsi, Julie Kass, Rick Hindmand
Co-Sponsors: Physicians, AMC, Fraud, HIT, HHS, RAP PGs, FMV, PIC, PHS AGs, ACO and HCR TFs / 8/15 / 8/15 / 8/11/15 / Done
Executive Summary (#1) / Title: Fourth Circuit Affirms $237 Million Judgment Against Tuomey, Finding No Error in Jury's Conclusion That Physician Compensation Varied with Volume or Value of Referrals
Author: Jesse Witten
Editor: Thomas Beimer
Co-Sponsor: Fraud, AMC, BLG, HCL, IHC, MSCPR, RAP, and Tax PGs and CH and PIC AGs / 7/15 / 7/15 / 7/8/15 /

Done

Executive Summary (#2) / Title: Right to Try Legislation
Authors: Allison Sorkin
Co-sponsor: Physician, AMC, BLG, LS, PALS, and RAP PGs; CH and PIC AG / 7/15 / 7/15 / 7/20/15 /

Done

Executive Summary (#3) / Title: Medicare Physician Fee Schedule Final Rule for Calendar Year 2016 Makes Changes in Stark Law Regulatory Provisions and Contains Important Updates of Medicare Payment Policies
Author: David Lewis
Co-Sponsor: Physician, AMC, BLG, HCL, HHS, Fraud, IHC, MSPR and RAP PGs and CH and PIC AGs / 11/15 / 11/15 / 11/24/15 /

Done

Webinar (#1) / Title: Telemedicine—Exploring Different Delivery Models and Their Regulatory Consequences, Part I: Telemedicine—Strong Business Models from Strong Business Leaders (Intermediate)
Speakers: Michael Bess, Nathaniel Lactman, Deborah Mulligan, and Sarah Sossong
Co-sponsors: HIT, Behavioral TF, Fraud, HCL, HHS, IHC, Labor, MSCPR, PPMC, Physicians, PALS, RAP, TH, and BLG PGs / 4/15 / 6/1/15 / 6/1/15 / Done
Webinar (#2) / Title: Telemedicine: Making the Business Case for Telemedicine—Exploring Different Delivery Models and their Regulatory Consequences, Part II: Telemedicine Payment and Reimbursement—Embracing Opportunities to Fuel Real Growth (Intermediate)
Speakers: Nathaniel Lactman, Kristi Henderson, and Justin Stone
Moderator: Ross Sallade
Co-sponsors: HIT, Behavioral TF, Fraud, HCL, HHS, IHC, Labor, MSCPR, PPMC, Physicians, PALS, RAP, TH, and BLG PGs / 4/15 / 6/9/15 / 6/9/15 / Done
Webinar (#3) / Title: Telemedicine: Making the Business Case for Telemedicine—Exploring Different Delivery Models and Their Regulatory Consequences, Part III: Assuring Data Privacy and Security in Telemedicine, Here and Abroad (Intermediate)
Speakers: Kelley Evans, Patricia Markus, and Peter McLaughlin
Moderator: Nesrin Tift
Co-sponsors: HIT, Behavioral TF, Fraud, HCL, HHS, IHC, Labor, MSCPR, PPMC, Physicians, PALS, RAP, TH, and BLG PGs / 4/15 / 6/18/15 / 6/18/15 / Done
Webinar (#4) / Title: Telemedicine: Making the Business Case for Telemedicine—Exploring Different Delivery Models and their Regulatory Consequences, Part IV: How to Protect Against Fraud and Abuse While Promoting Telemedicine (Intermediate)
Speakers: Martin Durkin, Terrence Lewis, and Sarah Swank,
Co-sponsors: HIT, Behavioral TF, Fraud, HCL, HHS, IHC, Labor, MSCPR, PPMC, Physicians, PALS, RAP, TH, and BLG PGs / 4/15 / 6/23/15 / 6/23/15 / Done
Webinar (#5) / Title: King v. Burwell: Game On (Advanced)
Speakers: Joel Ario, Peter Leibold, Hal McCard, and Jeffrey Micklos / 6/15 / 7/9/15 / 7/9/15 / Done
Webinar (#6) / Title: ACA Implementation: The Next Hurdles (or Steps) for Exchanges (Advanced)
Speakers: Lauren Block, Elizabeth Carpenter, Rosemarie Day, and Cindy Gillespie
Co-Sponsors: AMC, HCL, IHC, LS, MSCPR, PPMC, Physicians, RAP PGs and HCR TF / 6/15 / 7/14/15 / 7/14/15 / Done
Webinar (#7) / Title: King v. Burwell: Next Steps for Health Plans (Advanced)
Speakers: Garrett Fenton and Colin Roskey
Co-Sponsors: IHC, AMC, HCL, HHS, MSCPR, RAP, PPMC, Physicians, and LS PGs / 6/15 / 7/16/15 / 7/16/15 / Done
Webinar (#8) /

Title: The New MSSP Final Rule: What’s Next for the Future of ACOs? (Intermediate)Speakers: Danielle Lloyd, David Morris, and Debra SilvermanCo-Sponsors: ACO TF

/ 6/15 / 7/31/15 / 7/31/15 / Done
Webinar (#9) / Title: Corporate Law Department Best Practices: A View from a Growing Health System (Intermediate)
Speakers: Harlin Adelman and Paul Kostyack
Moderator: Robert Gerberry / 6/15 / 8/25/15 / 8/25/15 / Done
Webinar (#10) / Title: Medicare Physician Fee Schedule 2016 Proposed Rule: Important Policy Issues to Consider Now (Intermediate)
Speakers: Karen Ferguson, Julie Kass, and Daniel Shay
Moderator: Rick Hindmand
Co-Sponsors: Physicians and RAP PGs / 6/15 / 8/31/15 / 8/31/15 / Done
Webinar (#11) / Title: Marijuana Applications in Pediatric Health Care (Intermediate)
Speakers: Lalit Bajaj, Winn Halverhout, and Cindy Sehr
Moderator: Fatema Zanzi
Co-Sponsors: CHAG, AMC, HHS, IHC, Physicians, RAP PGs, ERM TF / 7/15 / 9/16/15 / 9/16/15 / Done
Webinar (#12) /

Title: 2015 Legal and Regulatory Developments and Their Potential Impact on FMV in Health Care Transactions, Part I: Holy Mackerel, What is this MACRA? Big Changes You May Have Missed and What They May Mean for FMV and Commercial Reasonableness (Intermediate)Speakers: Andrea Ferrari, Christopher Kenny, and David SzaboCo-Sponsors: FMV AG, HHS, Fraud, IHC, Physician, RAP PGs

/ 9/15 / 9/23/15 / 9/23/15 / Done
Webinar (#13) / Title: Behavioral Health and ACOs—Challenges and Opportunities (Intermediate)
Speakers: Clifford Barnes, Alexander Blount, and Sree Chaguturu
Moderator: Daria Niewenhous
Co-Sponsors: ACO and BH TF / 7/15 / 9/24/15 / 9/24/15 / Done
Webinar (#14) / Title: From Internal Investigation to Cultural Change: The In-House Attorney's Role in Investigating and Restructuring in the AMC Setting (Intermediate)
Speakers: Carl Bergetz, Colleen Shannon,Katharine Struck
Moderator: Marilyn May
Co-Sponsors: AMC, Fraud, HCL, HHS, IHC, Physicians PGs / 9/15 / 9/29/15 / 9/29/15 / Done
Webinar (#15) / Title: ACOs: Compliance Risks and Practical Solutions (Intermediate)
Speakers: Robert Gerberry, John Kirsner, and Cynthia Reisz
Co-sponsors: ACO TF / 8/15 / 10/7/15 / 10/7/15 / Done
Webinar (#16) /

Title: 2015 Legal and Regulatory Developments and Their Potential Impact on FMV in Health Care Transactions, Part II: Latest Tuomey Decision and What it Means for the Lawyer/Valuator Relationship (Intermediate)Speakers: Chip Hutzler, Daniel Melvin, Robyn Revelson, Alan RumphCo-Sponsors: FMV AG, HHS, Fraud, IHC, Physician, RAP PGs

/ 9/15 / 10/23/15 / 10/23/15 / Done
Webinar (#17) /

Title: 2015 Legal and Regulatory Developments and Their Potential Impact on FMV in Health Care Transactions, Part III: 2016 PFS—How Might the Changes Affect FMV and Commercial Reasonableness (Intermediate)Speakers: Curtis Bernstein, Peter Domas, David LewisCo-Sponsors: FMV AG, HHS, Fraud, IHC, Physician, RAP PGs

/ 9/15 / 11/13/15 / 11/13/15 / Done
Webinar (#18) / Title: Advanced Compliance Education, Part I: Advanced Issues in Pharmaceutical Manufacturer Compliance Programs (Advanced)
Speakers: Richard Eschle, Saul Helman, and Anne Norris
Moderator: Amy Dow
Co-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs / 9/15 / 12/8/15
Webinar (#18) /

Title: Research Misconduct and the False Claims Act: Navigating the Process and Preventing Liability (Intermediate)Speakers: Karen Hartman, Kurt Lindland, and Geoffrey Raux

Moderator: Torrey Young
Co-Sponsors: AMC PG and CHAG, Fraud, HCL ,HHS, IHC, LS, and Physician PGs / 11/15 / 12/10/15
Webinar (#19) /

Title: 2015 Legal and Regulatory Developments and Their Potential Impact on FMV in Health Care Transactions, Part IV: The World After Tuomey: A Recap of 2015 Cases and Settlements And What They Mean for Lawyers, Valuators and their Clients (Intermediate)Speakers: Ann Bittinger, Robert Gerberry, Joseph Lynch, and Joseph WolfeCo-Sponsors: FMV AG, HHS, Fraud, IHC, Physician, RAP PGs

/ 9/15 / 12/11/15
Webinar (#20) /

Title: Mandatory Bundled Payments for Hip and Knee Replacements: The CCJR Final Rule and What It Means for You (Intermediate)

Speakers: Gail Daubert, Robert Homchick, and Carol Loepere

Co-sponsors: RAP, HCR TF, AMC, HCL, HHS, IHC, LS, MSCPR, PPMC, Physicians

/ 11/15 / 12/14/15
Webinar (#21) / Title: Advanced Compliance Education Webinar Series, Part II: Compliance for Long Term Care Facilities (Advanced)
Speakers: Lori Baker and David Bowling
Moderator: Brian Roark
Co-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs / 9/15 / 12/15/15
Webinar (#22) /

Title: Physician Self-Referral Regulations Revisions: Implications and Challenges (Intermediate)Speakers: Alan Rumph, Lisa Ohrin Wilson, and Matthew Edgar

Moderator: Julie Kass
Co-Sponsors: Physicians, AMC, Fraud, HIT, HHS, IHC, MSCPR, and RAP PGs and PIC AG / 11/15 / 12/16/15
Webinar (#23) /

Title: Class Actions in the Health Care Space, Part I: An Introduction to Class Actions as a Procedural Device (Intermediate)Speakers: Brian MurrayCo-Sponsors: HCL, AMC, ADR AG, HIT, HHS, IHC, Labor, PPMC, Physicians, and PALS PG

/ 11/15 / 1/6/16
Webinar (#24) / Title: Advanced Compliance Education Webinar Series, Part III: Compliance for Academic Medical Centers (Advanced)
Speakers: Lori Baker and David Bowling
Moderator: Brian Roark
Co-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs / 9/15 / 1/7/16
Webinar (#25) /

Title: What Veterans Affairs Health Reform Means for Non-VA Providers--and You! (Intermediate)

Speakers: Susan Blauert, Kristin Cunningham, and Baligh Yehia
Moderator: Matthew Caspari
Co-Sponsors: HCR TF / 11/15 / 1/11/16
Webinar (#26) / Title: Advanced Compliance Education Webinar Series, Part IV: Compliance for Medical Device Manufacturers (Advanced)
Moderator: TBD
Co-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs / 9/15 / 1/13/16
Webinar (#27) /

Title: Advanced Compliance Education Webinar Series, Part V: Compliance for Clinical Laboratories (Advanced)Speakers: TBDCo-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs

/ 9/15 / 1/21/16
Webinar (#28) /

Title: Class Actions in the Health Care Space, Part II: Litigation Management and Mitigating Class Action Risk (Intermediate)Speakers: Michael KunCo-Sponsors: HCL, AMC, ADR AG, HIT, HHS, IHC, Labor, PPMC, Physicians, and PALS PG

/ 11/15 / 1/22/16
Webinar (#29) /

Title: Advanced Compliance Education Webinar Series, Part VI: Compliance for Home Health and Hospice Companies (Advanced)Speakers: TBDCo-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicians, PALS, and RAP PGs

/ 9/15 / 1/26/16
Webinar (#30) /

Title: Legal Hurdles and Practical Solutions in Leading Edge Research Collaborations (Intermediate)Speakers: Susan Galli, Yogesh Sharma, and Jake WassermanCo-Sponsors: AMC, HHS, IHC, LS, and Physicians PGs

/ 9/15 / 1/28/16
Webinar (#21) /

Title: Class Actions in the Health Care Space, Part III: Issues in the Settlement of Class Actions (Intermediate)Speakers: Elliot Gordon and Michael MaddiganCo-Sponsors: HCL, AMC, ADR AG, HIT, HHS, IHC, Labor, PPMC, Physicians, and PALS PG

/ 11/15 / 1/29/16
Webinar (#32) /

Title: Advanced Compliance Education Webinar Series, Part VII: Compliance for Hospitals and Health Systems (Advanced)Speakers: TBDCo-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs

/ 9/15 / 2/3/16
Webinar (#33) /

Title: Class Actions in the Health Care Space, Part IV: Use of Experts and ADR in Class Actions (Intermediate)Speakers: Elliot Gordon and Mark GustafsonCo-Sponsors: HCL, AMC, ADR AG, HIT, HHS, IHC, Labor, PPMC, Physicians, and PALS PG

/ 11/15 / 2/5/16
Webinar (#34) /

Title: Advanced Compliance Education Webinar Series, Part VIII: Compliance for Medicare Advantage Plans (Advanced)Speakers: TBDCo-Sponsors: Fraud, AMC, HHS, IHC, LS, PPMC, Physicans, PALS, and RAP PGs

/ 9/15 / 2/12/16
Webinar (#35) /

Title: Class Actions in the Health Care Space, Part V: Trends and Recent Developments in Privacy, Data Breach, Wage, and Hour Class Actions (Intermediate)Speakers: Gregory Cook, Daniel Shapiro, Kimarie StratosCo-Sponsors: HCL, AMC, ADR AG, HIT, HHS, IHC, Labor, PPMC, Physicians, and PALS PG