hot topics in health law litigation

Friday, May 15, 2015

Dallas Bar Association Building (BELO Mansion)
2101 Ross Avenue
Dallas, TX 75201

Presented by the ABA Section of Litigation Health Law Committee

Co-sponsored by the Dallas Bar Association Health Law Section

Thank You to Our Sponsors!

Section Sponsor

As a result of the passage of the Affordable Care Act, and the litigation surrounding it, the rules governing the provision of healthcare are changing faster than ever. Please join us for panels of providers, payers and regulators who will discuss the trend towards pay for value, the impact of recent Supreme Court decisions, the antitrust concerns that arise out of the quest for market share and contractual leverage, and how HIPAA has impacted practices in unforeseen ways. These panels will provide practical advice, and will alert practitioners to ways to avoid the landmines and pitfalls that have appeared in unexpected places.

PROGRAM AGENDA

8:30 – 9:00 a.m.

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Registration

9:00 – 9:15 a.m.

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Welcome and Introductory Remarks

9:15 – 10:00 a.m.

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The Move to Pay for Value Reimbursement

Moderator:

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David Benkert, Navigant, Los Angeles, CA

Panelists:

/ R. Christopher Raphaely, Cozen O’Connor, Philadelphia, PA
/ Kendra S. Woodruff, Haynes Boone, Dallas, TX
/ David Wright, Acting Regional Administrator, CMS
/ The healthcare industry in the United States has traditionally used a “pay for service” model of reimbursement. Growing dissatisfaction with that model, and the perception that it lies at the root of high healthcare costs, has led to experiments in “pay for value” reimbursement. How are these experiments progressing? What are the risks and benefits of the “pay for value” model for healthcare providers? What issues may arise going forward? Our panel of experts will discuss and debate these issues in a dynamic area of practice.

10:00 – 10:45 a.m.

/ The Impact of the Hobby Lobby, Walmart and Halbig Decisions

Moderator:

/ Brad Oxford, Strasburger & Price, LLP, San Antonio, TX

Panelists:

/ Amy Sims Bowen, Hunton & Williams LLP, Dallas, TX
/ Jay D. Reyero, Byrd Adatto, PLLC, Dallas, TX
/ Monica L. Pinon, Blue Cross Blue Shield of Texas, Richardson, TX
/ The Affordable Care Act places a number of duties, requirements and burdens on employers with respect to their employees. Several significant cases have tested, and sometimes redefined, these requirements. Our panel of experts will discuss employer compliance with the Affordable Care Act, and how those requirements are changing as a result of litigation.

10:45-11:30 a.m.

/ Antitrust Update for Health Care Organizations

Moderator:

/ Nash E. Long, Hunton & Williams LLP, Charlotte NC

Panelists:

/ Jonathan Grossman, Cozen O’Connor, Washington, DC
/ Jeffrey M. Peterson, Tenet Health Care, Dallas, TX 75202
/ The United States Department of Justice and the Federal Trade Commission have both announced an increased focus on the healthcare industry. Our panel of experts will analyze the antitrust roadblocks that can scuttle potential transactions.

11:30 – 12:15 p.m.

/ Trends in HIPAA Enforcement

Moderator:

/ Aaron Krauss, Cozen O’Connor, Philadelphia, PA

Panelists:

/ Lewis A. Lefco, Addison, TX
/ Cheryl Camin Murray, Winstead PC, Dallas, TX
/ Jamie Sorley, HHS, Office for Civil Rights, Dallas, TX
/ Cybersecurity and data protection represent one of the largest concerns for businesses today. The overlay of HIPAA requirements for patient data presents an added level of risk – especially for those companies who do not traditionally think of themselves as “healthcare providers.” Our panel of experts will discuss HIPAA compliance, the challenges presented by new technology, and trends in enforcement.

12:15 - 12:30 p.m.

/ Closing Remarks

12:30 p.m.

/ Lunch

SPONSORED BY

ABA SECTION OF LITIGATION, HEALTH LAW COMMITTEE

DALLAS BAR ASSOCIATION, HEALTH LAW SECTION

PROGRAM ORGANIZERS

Aaron Krauss
Cozen O’Connor
1900 Market Street
Philadelphia, PA 19103
(215) 665-4181
/ Ladd Hirsch
Diamond McCarthy LLP
2711 North Haskell Avenue, Suite 3100
Cityplace Tower
Dallas, TX 75204
(214) 389-5323

Amy Bowen
Hunton & Williams LLP
Fountain Place
1445 Ross Avenue, Suite 3700
Dallas, TX 75202
(214) 468-3396

ABA SECTION OF LITIGATION, HEALTH LAW COMMITTEE

CO-CHAIRS

Samuel l. Felker
Baker, Donelson, Bearman, Caldwell
& Berkowitz, PC
Baker Donelson Center
Suite 800
211 Commerce Street
Nashville, TN 37201
(615) 726-5558
/ Nash E. Long
Hunton & Williams LLP
Bank of America Plaza
Suite 3500
101 South Tryon Street
Charlotte, NC 28280
(704) 378-4728

Registration:

To register online, visit the Event Homepage

or return the Registration Form on the following page with your payment (checks only) to:

Program Associate
American Bar Association
321 N. Clark St.
Chicago, IL 60654

Please register by May 11, 2015 to reserve your spot.

Requests for refunds must be made in writing and received no later than May 12, 2015, in the ABA Section of Litigation office. Please email your request to the Program Associate. There will be a $10 administrative fee deducted from the refund. Cancellations received after May 12, 2015 will not be refunded; however, the Section will gladly accept substitutions for those unable to attend.

MCLE Credit:

The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs.. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle.html or contact the Program Associate.

Attendance List:

Information included in the attendance list is protected by copyright and is solely intended for the individual and private use of ABA members in connection with the ABA’s mission, goals and activities. All other use is strictly prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing, transmitting or transfer of all or any portions of the materials, or use for any other commercial and/or solicitation purposes of any type, or in connection with any action taken that violates the ABA’s copyright.

REGISTRAtION FORM

Name

Affiliation

Address

City State Zip Code

Telephone Fax

E-mail

ABA Member No.

The information submitted on this registration form will be used only to create an attendance list for the Hot Topics in Health Law Litigation Regional CLE Workshop.

A limited amount of scholarships are available for this program. For more information, please contact: Keisha Billups at 312-988-6228.

Registration Information

$60.00 Section of Litigation members and Government attorneys

$125.00 Non-Section members

FREE Law Students

Pre-registration deadline is May 11, 2015. Checks for attendance and course materials should be made payable to the American Bar Association (credit cards for online registration only).

q I will attend the meeting and my check for $______.00 is enclosed.

q I am unable to attend the meeting, but please send the course materials to the above address, at a cost of $35.00, a check for which is enclosed.

Please send your Registration Form and check to:

Program Associate

Section of Litigation

American Bar Association

321 N. Clark St.

Chicago, IL 60654

For additional information about the program, please contact the Program Associate.