ABA Health Law Section 7th Annual Conference on Emerging Issues in Healthcare Law … · 2017-04-03 · Charity Scott, Professor of Law and Director, Center for Law, Health & Society,

February 22 – 24, 2006

Hilton Tucson El Conquistador

Tucson, Arizona

Emerging Issues in Healthcare Law 2006ABA Health Law Section7th Annual Conference on

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Wednesday, February 22, 2006n 12:00 pm – 4:00 pm

Early Registrationn 1:00 pm – 4:00 pm

Fundamentals for Health Lawyersn 1:00 pm – 4:00 pm

Industry Perspectives on Healthcaren 6:00 pm – 7:30 pm

Reception Honoring Young Lawyers (All registrants are welcome to attend.)

Thursday, February 23, 2006n 7:00 am – 5:00 pm

Registration & Information Desk Open n 7:30 am – 10:00 am

Continental Breakfastn 8:00 am – 9:30 am

Plenary Session Hurricane Katrina: Legal Responsesand Lessons Learned

n 9:30 am – 9:45 amBreak

n 9:45 am – 11:00 amConcurrent CLE Sessionsn What You and Your Clients Need to

Know about Electronic MedicalRecords and the National HealthInformation Network

n Fraud and Abuse Risks in RealEstate Transactions

n Disclosure of Adverse Events andMedical Errors

n 11:00 am – 11:15 amBreak

n 11:15 am – 12:45 pmPlenary Session Update on Executive Compensation,New Code Section 409A,and Other IRS Initiatives

n 12:45 pm – 1:00 pmBreak

n 1:00 pm – 2:30 pmInterest Group Lunches

n eHealth Privacy & Securityn Healthcare Fraud & Compliancen Healthcare Litigation & Risk

Managementn Medical Research, Biotechnology &

Clinical Ethical Issuesn Transactional & Business Healthcare

Emerging Issues in Healthcare Law 2006

Photos courtesy Metropolitan Tucson Convention & Visitors Bureau

7th Annual Conference on

Schedule-at-a-Glance


n 2:45 pm – 4:15 pmPlenary Session New Frontiers in Provider Compensation


n 4:30 pm – 5:45 pm Concurrent CLE Sessions

n Mission Impossible? The Challengesof Structuring Compliant AncillaryService Arrangements

n Claims Processing under the NewWorld Order

n Hidden Traps in Clinical Trialsn 6:00 pm – 8:00 pm

Welcome Reception

Friday, February 24, 2006n 7:30 am – 4:00 pm

Registration & Information Desk Openn 7:30 am – 10:00 am

Continental Breakfastn 8:00 am – 9:00 am

Ethics Session It’s Eight O’clock — Do You Know Who Your Client Is?Practical Ethics for Healthcare Lawyers


n 9:15 am – 9:30 amState of the Section Address

n 9:30 am – 11:00 amPlenary Session Quality of Care and False Claims ActLiability

n 11:00 am – 11:15 amBreak

n 11:15 am – 12:30 pmConcurrent CLE Sessions

n The New Medicare Appeals Process– A Report from the Field

n The Patient Safety and QualityImprovement Act of 2005: What ItMeans for You and Your Clients

n Hot Topics in Benefits and ExecutiveCompensation


n Employee Benefits & ExecutiveCompensation

n Healthcare Facility Operationsn Managed Care & Insurancen Payment & Reimbursementn Public Health & Policyn Tax & Accounting


n 2:00 pm – 3:30 pmPlenary SessionReweaving the Safety Net: TheChallenges and Future of Medicaid


n 3:45 pm – 5:00 pmConcurrent CLE Sessions

n Update on Standards for TaxExemption; Report on IRS Tax-Exempt Bond Initiative

n Will They Come If You Build It? The Rise of Consumer-DirectedHealthcare

n The Role of Public Health in aHealthcare Law Practice

Saturday, February 25, 2006n 8:00 am – 11:00 am

Open Council Meetingn 11:00 am – 6:00 pm

7th Annual Margarita Cup GolfScramble

n 7:00 pm – 9:00 pmMargarita Cup Reception

n PlatinumAmerican Appraisal AssociatesAlvarez & Marsal LLCBureau of National Affairs, Inc.

n GoldBrown McCarroll, LLPFulbright & Jaworski LLPLatham & Watkins LLPNavigant ConsultingSchneider Regional Medical Center

n SilverDuane Morris LLPGardner Carton & DouglasHaskell Slaughter Young & Rediker, LLCHughes & Luce, LLP Hunton & WilliamsKean Miller Hawthorne D’Armond

Mccowan & Jarman LLPManatt Phelps & PhillipsPowell Goldstein LLPSedgwick, Detert, Moran & Arnold LLP Shook, Hardy & Bacon LLPSidley Austin LLPSullivan, Stolier & Resor, APLC

n BronzeAvera HealthCoppersmith Gordon Schermer Owens

& Nelson PLCHolland & KnightJoy & Young, LLPLocke Liddell & Sapp LLPPricewaterhouseCoopersReed Smith LLPVerismaWiley Rein & Fielding LLP

The Health Law Section thanks the following sponsors:


Program Planning CommitteeDavid H. Johnson, Co-Chair, Rodey Dickason SloanAkin & Robb PA, Albuquerque, NMWilliam W. Horton, Co-Chair, Haskell SlaughterYoung & Rediker, LLC, Birmingham, ALCyndi M. Baily, Baylor College of Medicine, Houston, TXJulie A. Barnes, King Pagano & Harrison,Washington, DCAndrew J. Demetriou, Fulbright & Jaworski LLP,Los Angeles, CADavid L. Douglass, Porter Wright Morris & Arthur,Washington, DC

David M. Flynn, Duane Morris LLP, Philadelphia, PAGeorge B. Hernandez, Jr., University Health System,Bexar County Hospital District, San Antonio, TXVicki L. Robinson, US HHS, Office of the InspectorGeneral, Washington, DCJoel Wakefield, Coppersmith Gordon SchermerOwens & Nelson PLC, Phoenix, AZHilary H. Young, Joy & Young, LLP, Austin, TXn n n n n n n n n n n n n n n n n n n n n n n

ABA Health Law Section OfficersChair: Gregory L. Pemberton, Ice Miller,Indianapolis, INChair-Elect: Paul R. DeMuro, Latham & WatkinsLLP, San Francisco, CA

Vice Chair: Andrew J. Demetriou, Fulbright &Jaworski LLP, Los Angeles, CA Secretary: Vickie Yates Brown, Greenebaum Doll& McDonald, Louisville, KY Budget Officer: David W. Hilgers, BrownMcCarroll, LLP, Austin, TXImmediate Past Chair:J.A. (Tony) Patterson, Jr., Fulbright & Jaworski LLP,Dallas, TX Delegates to the ABA House of Delegates: E. Paul Herrington III, Humana, Inc., Louisville, KY Howard T. Wall III, Senior Vice President & GeneralCounsel, Capella Healthcare, Inc., Franklin, TN

PROGRAM FACULTYErnest B. Abbott, Chair, Homeland SecurityCommittee, FEMA Law Associates, PLLC,Washington, DC Robert J. Architect, Senior Tax Law Specialist,Internal Revenue Service, Washington, DCWilliam A. Barnes, Vice President of NationalContracting, Humana, Birmingham, ALJeffrey A. Calk, Waller Lansden Dortch & Davis,PLLC, Nashville, TNThe Honorable Karen Carter (D-New Orleans),Louisiana House of Representatives, New Orleans,LA (Invited)Donna E. Checkett, MPA, MSW, Senior VicePresident of Medicare and Medicaid Programs,Schaller Anderson, Inc., Phoenix, AZDouglas S. Clarkson, Assistant GeneralCounsel, Tenet Healthcare Corporation, Dallas, TX Daniel A. Cody, Reed Smith LLP, San Francisco, CA Roger Colinvaux, Legislation Counsel, JointCommittee on Taxation, Washington, DCJodi Goldstein Daniel, MPH, Acting Director,Office of Policy and Research, Office of theNational Coordinator for Health InformationTechnology, US HHS, Washington, DCAndrew J. Demetriou, Fulbright & Jaworski LLP,Los Angeles, CA Anthony M. DiLeo, Anthony M. DiLeo, APC, New Orleans, LA Pat Stanfill Edens, Assistant Vice President,Hospital Corporation of America, Nashville, TNLaura Gabrysch, Fulbright & Jaworski LLP, SanAntonio, TXClifford J. Gannett, Manager, Tax-Exempt BondOutreach, Planning & Review, Internal RevenueService, Washington, DCJoane Goodroe, Goodroe Healthcare Solutions,LLC, Norcross, GAKimberly Gray, Chief Privacy Officer, HighmarkInc., Camp Hill, PA

Eugene Holmes, Morgan, Lewis & Bockius,Washington, DC William W. Horton, Haskell Slaughter Young &Rediker, LLC, Birmingham, AL Bruce F. Howell, Hughes & Luce, LLP, Dallas, TXChris Stern Hyman, Attorney, Mediator, and Co-founder, Medical Mediation Group LLC, New York, NYPriscilla D. Keith, General Counsel, Health andHospital Corporation of Marion County, Indianapolis, INCharles M. Key, The Bogatin Law Firm, PLC,Memphis, TN Paula Kocher, Centers for Disease Control andPrevention, Deputy Associate General Counsel,CDC Branch, US HHS Office of the GeneralCounsel, Public Health Division, Atlanta, GABobbie Lauer, Vice President, Sales & Marketing,Definity Health Corporation (United HealthCare),Minneapolis, MNR. Jeffrey Layne, Fulbright & Jaworski LLP, Austin, TXCarol B. Liebman, Clinical Professor of Law,Columbia Law School, New York, NYKaren B. McAfee, Gardner Carton & Douglas LLP,Washington, DCWilliam C. Moran, Former Regional InspectorGeneral for Region V of the Office of the InspectorGeneral, US HSS, Chicago, ILGregory L. Needles, Morgan, Lewis & BockiusLLP, Washington, DCDan O’Brien, General Counsel, Maryland Office ofthe Attorney General, Public Health Services,Baltimore, MD (Invited) Jane Perkins, Legal Director, National Health LawProgram, Chapel Hill, NCCarol A. Poindexter, Shook, Hardy & Bacon LLP,Kansas City, MOCheryl E. Press, Senior Attorney Advisor, Officer ofChief Counsel, Internal Revenue Service,Washington,DCMontrece McNeill Ransom, Attorney Analyst,Public Health Law Program, Centers for DiseaseControl and Prevention, Atlanta, GA

Michael Regier, Vice President, Legal Affairs andGeneral Counsel and Corporate ResponsibilityOfficer, SETON Healthcare Network, Austin, TX Frederick “Rick” Robinson, Fulbright &Jaworski LLP, Washington, DCVicki L. Robinson, Chief, Industry GuidanceBranch, US HHS, Office of the Inspector General,Washington, DCAnthony D. Rodgers, Director, Arizona Health CareCost Containment System (AHCCCS), Phoenix, AZLinda E. Rosenzweig, Seyfarth Shaw LLP,Washington, DC Jeffrey N. Saunders, Fulbright & Jaworski LLP,Minneapolis, MNCharity Scott, Professor of Law and Director,Center for Law, Health & Society, Georgia StateUniversity College of Law, Atlanta, GAChristopher S. Sears, Ice Miller, Indianapolis, IN Patrick D. Seiter, MPH, Adams and Reese LLP,Baton Rouge, LAJames G. Sheehan, Associate US Attorney,Eastern District of Pennsylvania, Philadelphia, PASteven R. Smith, Ober Kaler, Washington, DC Cynthia Marcotte Stamer, Glast, Phillips &Murray, PC, Dallas, TXStephen M. Sullivan, Sullivan, Stolier & Resor,APLC, New Orleans, LAKaren Thiel, PhD, Patton Boggs, Washington, DCCheryl Wagonhurst, Outgoing Chief ComplianceOfficer, Tenet Healthcare Corporation, SantaBarbara, CA Howard T. Wall III, Senior Vice President &General Counsel, Capella Healthcare, Inc., Franklin, TNDale Whitney, Benefits Manager, United ParcelService, Atlanta, GARonald A. Wisor, Jr., Arent Fox PLLC,Washington, DC Hilary H. Young, Joy & Young, LLP, Austin, TX

Wednesday, February 22, 2006n 12:00 pm – 4:00 pm

Registration & Information DeskOpen

n 1:00 pm – 4:00 pmConcurrent Sessions

n Fundamentals for HealthLawyersThis three-hour course is designed asan extended session with speakerssuccinctly but thoroughly discussing thebasic legal issues and principles in theareas of Stark and anti-kickback issues,hospital representation, managed care,and Medicare and Medicaid reimburse-ment. This session is offered free ofcharge for Emerging Issues regis-trants. Specific topics include:Managed CareCynthia Marcotte Stamer,Glast, Phillips & Murray, PC, Dallas, TXStark/Anti-KickbackVicki L. Robinson, Chief, IndustryGuidance Branch, US HHS, Office ofthe Inspector General, Washington, DCHospital FundamentalsHilary H. Young, Joy & Young, LLP,Austin, TXMedicare and MedicaidReimbursementDaniel A. Cody, Reed Smith LLP,San Francisco, CA

n Industry Perspectives onHealthcareThe healthcare industry continues topresent evolving and significantissues and challenges to patients,providers, and policymakers.Industry leaders offer their perspec-tives on the current and emergingissues, concluding with a panel dis-cussion and a question and answeropportunity. This session isoffered free of charge forEmerging Issues registrants.Perspectives and presenters are:The Employer PerspectiveDale Whitney, Benefits Manager forUPS (United Parcel Service), Atlanta, GAThe Hospital/Physician PerspectiveMichael Regier, Vice President, Legal Affairs and General Counsel andCorporate Responsibility Officer,SETON Healthcare Network, Austin, TX

The Managed Care/Payor PerspectiveWilliam A. Barnes, Vice Presidentof National Contracting, Humana,Birmingham, AL

n 6:00 pm – 7:30 pmReception Honoring Young LawyersCo-sponsored by the ABA YoungLawyers DivisionJoin us for an enjoyable time as weinvite local young lawyers to meet col-leagues and leaders in the Health LawSection. Learn what resources are avail-able to members of the various sponsor-ing bars. Everyone is welcome!

Thursday, February 23, 2006n 7:00 am – 5:00 pm


n 7:30 am – 10:00 amContinental Breakfast

n 8:00 am – 9:30 amPlenary Session

n Hurricane Katrina: LegalResponses and LessonsLearned Legal responses to Hurricanes Ritaand Katrina included the declaration ofa public health emergency, closure ofhospitals and other facilities, waiver ofcertain Medicaid and Medicare require-ments in affected areas, waiver of statelicensing requirements and specificrequirements under EMTALA, grantingmedical, legal, and nursing profession-als temporary emergency licensing andcredentialing via expedited procedures,and mass evacuation of patients andother citizens. This session will discussthese and other legal issues resultingfrom emergencies, whether naturallyoccurring or manmade, and will under-score the need for healthcare attorneysto be proactive, integrative players inclient preparedness, response, andrecovery efforts.Ernest B. Abbott, Chair, HomelandSecurity Committee, FEMA LawAssociates, PLLC, Washington, DCAnthony M. DiLeo, Anthony M.DiLeo, APC, New Orleans, LA Paula Kocher, Centers for DiseaseControl and Prevention, Deputy AssociateGeneral Counsel, CDC Branch, US HHSOffice of the General Counsel, PublicHealth Division, Atlanta, GA

The Honorable Karen Carter(D-New Orleans), Louisiana House ofRepresentatives, New Orleans, LA(Invited)Moderator: Montrece McNeillRansom, Attorney Analyst, PublicHealth Law Program, Centers forDisease Control and Prevention,Atlanta, GA


n 9:45 am – 11:00 amConcurrent Sessions

n What You and Your ClientsNeed To Know aboutElectronic Medical Recordsand the National HealthInformation NetworkSponsored by the eHealth, Privacy &Security Interest GroupElectronic medical information is inthe news - due to potential adminis-trative savings, reduced medicalerrors and, most recently, the disrup-tion caused by recent natural disas-ters. This session will address theongoing developments related toefforts to move toward an electronicmedical record and the overallNational Health Information Network.In addition, the panel will address thekey legal issues that will arise in thissetting over the next decade forhealth plans, healthcare providers,others in the healthcare industry andtheir counsel, as these informationtechnology efforts evolve (includingprivacy, security, kickbacks, financialrelationships and interoperability). Jodi Goldstein Daniel, MPH, Acting Director, Office of Policy andResearch, Office of the NationalCoordinator for Health InformationTechnology, US HHS, Washington, DCKimberly Gray, Chief PrivacyOfficer, Highmark Inc., Camp Hill, PA

Program Agenda

n Fraud and Abuse Risks in RealEstate Transactions Sponsored by the Transactional &Business Healthcare Interest GroupReal estate developers, physicians,hospitals and other healthcare facili-ties regularly seek new approachesto healthcare real estate transac-tions. The agreements consummat-ed as a result of those negotiationsare fertile ground for Stark and anti-kickback violations.

In this program, the moderator willpresent simple and complex hypo-thetical real estate transaction sce-narios common to the healthcarereal estate industry, including MOBdevelopment and master and sub-lease arrangements. The panelistswill address compliance issues,including potential Stark and anti-kickback implications inherent ineach scenario. Jeffrey A. Calk, Waller LansdenDortch & Davis, PLLC, Nashville, TNHoward T. Wall III, Senior VicePresident & General Counsel,Capella Healthcare, Inc., Franklin, TNRonald A. Wisor, Jr., Arent FoxPLLC, Washington, DC

n Disclosure of Adverse Eventsand Medical ErrorsSponsored by the HealthcareLitigation and Risk ManagementInterest GroupStates are beginning to pass lawsrequiring prompt disclosure ofadverse events and medical errors.At the same time hospital leaders aregiving increasing attention to howhospitals communicate with patientsand their families following such anevent. Research has found that inef-fective communication betweenphysicians and patients is the singlemost significant factor in explainingwhy physicians are sued. Equally sig-nificant are findings that silence con-tributes to medical errors. Thespeakers will draw on their work withhospitals in Pennsylvania in a discus-sion of effective strategies for disclo-sure of adverse events, and will alsoconsider the value of apologies, and,when appropriate, making early offersof compensation.Chris Stern Hyman, Attorney,Mediator, and Co-founder, MedicalMediation Group LLC, New York, NY

Carol B. Liebman, ClinicalProfessor of Law, Columbia LawSchool, New York, NYModerator: Charity Scott, Professorof Law and Director, Center for Law,Health & Society, Georgia StateUniversity College of Law, Atlanta, GA

n 11:00 am – 11:15 amBreak

n 11:15 am – 12:45 pmPlenary Session

n Update on ExecutiveCompensation, New CodeSection 409A, and OtherIRS InitiativesOver the past year, there have been anumber of federal tax developmentsapplicable to healthcare organizations.In mid-2004, the IRS announced aninitiative to contact up to 2000 chari-table organizations and ask for a com-plete description of how they setexecutive compensation. In October,the American Jobs Creation Act of2004 added Section 409A (relatingto nonqualified deferred compensa-tion) to the Internal Revenue Code.Its broad definition of “deferred com-pensation” encompasses virtuallyevery form of executive compensation(including severance pay), which cre-ates a new regulatory scheme thatoverlays the scheme that currentlyexists under Code Section 457(f).Also in October 2004, the IRSreleased a new Form 1023(Application for Recognition ofExemption), which extensively revisedthe prior tax-exemption application toinclude specific questions in a numberof areas (including the procedure for

establishing executive compensation).In October 2005, the IRS released adraft Form 990 for public commentand review, which includes a newschedule that focuses on compensa-tion. In November 2005, the IRS EODivision released its FY 2006Implementing Guidelines andannounced a new initiative focusingon nonprofit hospitals, includinginquiries concerning their executivecompensation practices. This programwill review the broad scope of Section409A, its impact on virtually all execu-tive compensation, and its interlay withthe historic tax regime under Section457(f). The program also will surveythe status of the IRS initiatives andthe revisions made to Form 990 andForm 1023.Karen B. McAfee, Gardner Carton& Douglas LLP, Washington, DCGregory L. Needles, Morgan, Lewis& Bockius LLP, Washington, DCCheryl E. Press, Senior AttorneyAdvisor, Officer of Chief Counsel,Internal Revenue Service,Washington, DC



n eHealth, Privacy & Securityn Healthcare Fraud & Compliance n Healthcare Litigation & Risk

Managementn Medical Research, Biotechnology &

Clinical Ethical Issuesn Transactional & Business Healthcare


n 2:45 pm – 4:15 pmPlenary Session

n New Frontiers in ProviderCompensationThe panel will discuss developmentsin novel forms of provider reimburse-ment, including gainsharing and Payfor Performance models as well aschanges in federal government policyin this area.Andrew J. Demetriou, Fulbright &Jaworski LLP, Los Angeles, CA Joane Goodroe, GoodroeHealthcare Solutions, LLC, Norcross, GA



n 4:30 pm – 5:45 pm Concurrent Sessions

n Mission Impossible? TheChallenges of StructuringCompliant Ancillary ServiceArrangementsSponsored by the Healthcare Fraud &Compliance Interest GroupArrangements between medicalimaging centers that perform MRI,CT, and similar diagnostic imagingscans and the physicians who referpatients to those centers haverecently come under fire from federaland state regulatory and enforce-ment authorities and commercialinsurers. This panel will identify thefraud and abuse risks associatedwith the most common types ofimaging and other ancillary servicearrangements and discuss best prac-tices for structuring such businessarrangements.Patrick D. Seiter, MPH, Adamsand Reese LLP, Baton Rouge, LACarol A. Poindexter, Shook, Hardy& Bacon LLP, Kansas City, MO

n Claims Processing under theNew World OrderSponsored by the Managed Care &Insurance Interest GroupHealth plan payors and healthcareproviders are struggling to developeffective strategies to administertheir respective health claims billing,processing, and payment activitiesamid the shifting regulatory environ-ment driven by HIPAA, changingERISA and state insurance regula-tions, and rising enforcement and litigation. This panel of experts willexplore the implications of these and other developments on thebilling and claims administrationpractices commonly used by health-care payors and providers, exploretheir implications on coverage verification, preauthorization and utilization management, other common healthcare claims processing practices. Douglas S. Clarkson, TenetHealthcare Corporation, Dallas, TX Moderator: Cynthia MarcotteStamer, Glast, Phillips & Murray, PC,Dallas, TX

n Hidden Traps in Clinical TrialsSponsored by the Medical Research,Biotechnology & Clinical EthicalIssues Interest GroupClinical research is a ‘front burner’ issuefor many healthcare attorneys. The fed-eral government’s recent enforcementinitiatives regarding clinical researchmake it all the more important thathealthcare clients are aware of andcomply with the regulatory requirementsinvolved in every clinical trial they under-take. Panelists in this session will give abrief overview of the clinical trialsprocess and will discuss the federal gov-ernment’s latest enforcement priorities.Pat Stanfill Edens, Assistant VicePresident, Hospital Corporation ofAmerica, Nashville, TNBruce F. Howell, Hughes & Luce,LLP, Dallas, TXWilliam C. Moran, Former RegionalInspector General for Region V of theOffice of the Inspector General, USHHS, Chicago, IL

n 6:00 pm – 8:00 pmWelcome ReceptionUnderwritten by BNA, Inc.

Through generous partnership with BNA,Inc., we invite you to attend the WelcomeReception to be held immediately follow-ing the afternoon’s last session. This is aperfect time to get to know your fellowattendees and enjoy stimulating conver-sation and great food.

Friday, February 24, 2006n 7:30 am – 4:00 pm


n 7:30 am – 10:00 am Continental Breakfast

n 8:00 am – 9:00 amEthics Session

n It’s Eight O’clock — Do YouKnow Who Your Client Is?Practical Ethics forHealthcare LawyersWhen clients are in the spotlight, theirlawyers may be on the hot seat. Inthe challenging world of healthcarelaw, lawyers sometimes must face dif-ficult issues of professional responsi-

bility: conflicts of interest, privilegeand confidentiality issues, disclosureof violations and the new relationshipsbetween boards and managers. Thissession will explore a variety of cur-rent professional responsibility issuesthrough hypotheticals and analysis.Start the day with a good dose ofethics. You’ll be glad you did!Andrew J. Demetriou, Fulbright &Jaworski LLP, Los Angeles, CA William W. Horton, HaskellSlaughter Young & Rediker, LLC,Birmingham, AL


n 9:15 am – 9:30 amState of the Section AddressSection Chair Gregory Pemberton willdiscuss the activities, achievements,and aspirations of the ABA Health LawSection.

n 9:30 am – 11:00 am Plenary Session

n Quality of Care and FalseClaims Act LiabilityAlthough the gravamen of federalFalse Claims Act liability is a falseclaim or record, for many years prose-cutors have advanced theories underwhich quality of care deficienciesmight support FCA liability. Recentcases suggest these theories arebecoming a reality. In July 2005 theU.S. Attorney for the Eastern Districtof Pennsylvania announced the settle-ment of a FCA case predicated uponan acute-care provider’s alleged viola-tion of Medicare conditions of partici-pation concerning use of restraints.That same year that office also settledan FCA case against a prescriptionbenefit manager, which included alle-gations that patients had been inap-propriately switched from one medica-tion to another, potentially at theexpense of the patient’s medical inter-ests. In 2003, the U.S. Attorney forthe Eastern District of Californiaobtained a $54 million fine to resolveallegations that physicians at aCalifornia hospital had performedunnecessary heart catheterizations.These cases may foreshadow a newfocus on sub-standard medical servic-es as predicates for FCA liability. Thispanel will review these recent cases

and discuss what lessons they offerproviders and their counsel in terms oflitigation risk and compliance.James G. Sheehan, Associate USAttorney, Eastern District ofPennsylvania, Philadelphia, PACheryl Wagonhurst, OutgoingChief Compliance Officer, TenetHealthcare Corporation, SantaBarbara, CA Frederick “Rick” Robinson,Fulbright & Jaworski LLP,Washington, DC

n 11:00 am – 11:15 amBreak

n 11:15 am – 12:30 pmConcurrent Sessions

n The New Medicare AppealsProcess – A Report fromthe FieldSponsored by the Payment &Reimbursement Interest GroupBeginning in May 2005, the Centersfor Medicare & Medicaid Servicesimplemented significant changes tothe Medicare appeals process. Suchchanges include a new, uniform fivestep appeals process for bothMedicare Part A and Part B providersand suppliers, establishment of newappeal entities, the consolidation ofall Medicare appeals with theDepartment of Health and HumanServices, and changes in the benefi-ciary appeals process. This programwill provide an overview of thechanges, and report on successesand shortcomings of the newprocess.Daniel A. Cody, Reed Smith LLP,San Francisco, CA Stephen M. Sullivan, Sullivan, Stolier& Resor, APLC, New Orleans, LA

n The Patient Safety andQuality Improvement Act of2005: What It Means for Youand Your ClientsCo-Sponsored by the HealthcareLitigation & Risk Management andHealthcare Facility OperationsInterest GroupsThe presentation will begin with anoverview of the Patient Safety andQuality Improvement Act of 2005 anda careful examination of the new ter-minology used in the Act. The speak-ers will analyze the confidentiality and

privilege protections afforded by theAct, contrast those with existing pro-tections under federal and state lawand discuss the importance of the pre-emptive nature of the Act. Finally, thespeakers will discuss the impact of theAct on peer review activities, includingthe “tension” between attempts to pro-tect the confidentiality of informationand maintaining an open and transpar-ent relationship with patients. Charles M. Key, The Bogatin LawFirm, PLC, Memphis, TN Steven R. Smith, Ober Kaler,Washington, DC

n Hot Topics in Benefits andExecutive CompensationSponsored by the Employee Benefitsand Executive Compensation InterestGroupMedicare Part D took effect January1, 2006. The panel will review thecompliance issues and what is hap-pening in the real world as theemployer community reacts to itsnew responsibilities. Meanwhile, theproposed 403(b) regulations are tobe finalized the first half of 2006,effective January 1, 2007. Thepanel will review with Bob Architectof the IRS those provisions of particular interest to the tax-exemptcommunity.Robert J. Architect, Senior Tax LawSpecialist, Internal Revenue Service,Washington, DC

Eugene Holmes, Morgan, Lewis &Bockius, Washington, DC Christopher S. Sears, Ice Miller,Indianapolis, IN Moderator: Linda E. Rosenzweig,Seyfarth Shaw LLP, Washington, DC


n Employee Benefits & ExecutiveCompensation

n Healthcare Facility Operations n Managed Care & Insurancen Payment & Reimbursementn Public Health & Policyn Tax & Accounting

n 1:45 pm – 2:00 pm Break

n 2:00 pm – 3:30 pmPlenary Session

n Reweaving the Safety Net:The Challenges and Futureof Medicaid The Medicaid program has long pro-vided a medical safety net forAmericans with limited incomes. Inrecent years rising costs, expandingcaseloads, and the weakening of tra-ditional health insurance marketshave prompted “reform” effortsdesigned to achieve financial stabili-ty. This plenary session will assessthe state of Medicaid, the optionsunder consideration for reform, andthe current prospects for major pro-gram revisions. A representativefrom state government will discussstate innovations and reforms pro-posed by state Medicaid Directors.An industry representative will pro-vide insight on implementation of theprogram on the front lines, and whatsuch experience suggests for effec-tive reform. A third panelist willassess the future of the programfrom the perspective of eligible ben-eficiaries. Donna E. Checkett, MPA, MSW,Senior Vice President of Medicareand Medicaid Programs, SchallerAnderson, Inc., Phoenix, AZJane Perkins, Legal Director,National Health Law Program, ChapelHill, NCAnthony D. Rodgers, Director,Arizona Health Care CostContainment System (AHCCCS),Phoenix, AZ



n 3:45 pm – 5:00 pmConcurrent Sessions

n Update on Standards for TaxExemption; Report on the IRSTax-Exempt Bond Initiative Sponsored by the Tax & AccountingInterest GroupStandards for hospital tax-exempt sta-tus are still under scrutiny. Importantcritics have complained that nonprofithospitals cannot be distinguished fromtheir for-profit counterparts, and are notsufficiently charitable to merit tax-exempt status. They suggest that thecurrent “community benefit” standardfor tax exemption should be replaced.Hearings were held by the House Ways& Means Committee in May 2005, withan emphasis on tax-exempt hospitals,and the Senate Finance Committee hasalso made specific inquiries of tax-exempt hospitals. Roger Colinvaux ofthe staff of the Joint Committee onTaxation will present updates on legisla-tive developments.

The panel will also present an updateon IRS tax-exempt bond enforcementactivities. The status of outstanding tax-exempt bonds, and especially the limita-tions on private business use applicableto “qualified 501(c)(3) bonds,” is of par-ticular importance to hospitals. In July2005 the IRS announced a newenforcement initiative aimed at tax-exempt bonds. Clifford J. Gannett, theIRS’s Manager, Tax-Exempt BondOutreach, Planning & Review, will give areport on this initiative. Roger Colinvaux, LegislationCounsel, Joint Committee onTaxation, Washington, DCClifford J. Gannett, Manager, Tax-Exempt Bond Outreach, Planning &Review, Internal Revenue Service,Washington, DC Moderator: Laura Gabrysch,Fulbright & Jaworski LLP, SanAntonio, TX

n Will They Come If You BuildIt? The Rise of Consumer-Directed HealthcareSponsored by the Managed Care &Insurance Interest GroupConsumer Driven Healthcare(CDHC) is the umbrella term

applied to a series of health benefitplan designs, products and servicesintended to shift the health benefitsworld from a defined benefitsmodel to a defined contributionmodel and to reintroduce astronger element of consumerismin the consumption of healthcareservices. CDHC products are mak-ing substantial inroads in the healthbenefits market place and arebeing touted as the principalhealthcare cost containment strate-gy for the 21st Century. More thanone in four Americans are falteringunder the burden of health costs –cutting corners by skipping treat-ments or not taking prescriptions.Are Health Savings Accounts, high-deductible health plans and HealthReimbursement Accounts effectivesolutions? Bobbie Lauer, Vice President, Sales& Marketing, Definity HealthCorporation (United HealthCare),Minneapolis, MNJeffrey N. Saunders, Fulbright &Jaworski LLP, Minneapolis, MNModerator: R. Jeffrey Layne,Fulbright & Jaworski LLP, Austin, TX

n The Role of Public Health ina Healthcare Law PracticeSponsored by the Public Health &Policy Interest GroupThis session will feature a discussionof significant public health rulingsissued by state and federal courts inthe past few years, review traditionaland emerging issues in public healthlaw, including the role of legal counselin preparing clients and the communi-ty for public health emergencies, anddiscuss practical ways to effectivelyintegrate important public health lawand legal principles, including emer-gency legal preparedness and others,into your legal practice. Priscilla D. Keith, General Counsel,Health and Hospital Corporation ofMarion County, Indianapolis, INDan O’Brien, General Counsel,Maryland Office of the AttorneyGeneral, Public Health Services,Baltimore, MD (Invited) Karen Thiel, PhD, Patton Boggs,Washington, DC

n 5:00 pmCLE Program Adjourns

Saturday, February 25, 2006n 8:00 am – 11:00 am

Open Council MeetingAll members are welcome to attendthe Section Open Council Meeting.

n 11:00 am – 6:00 pm7th Annual Margarita Cup GolfScrambleA separate fee will apply.Are you an absolutely great golferwho should really be on the PGA? Ifso, this may not be the event foryou! Join us for a highly entertainingafternoon of golf (scramble format)at the Cañada Course of the HiltonTucson El Conquistador Golf &Tennis Resort. Players of all levelsare welcome and fun prizes will beawarded at the reception immediate-ly following the event.

n 7:00 pm – 9:00 pmMargarita Cup ReceptionWhether you braved the course orcheered from the sidelines, join us forthe perfect end to a great few days ofCLE and collegiality as we end theEmerging Issues conference with ourannual Margarita Cup reception. All attendees and their guests arewelcome.

n REGISTRATION: Register by FEBRUARY 13, 2006online, by fax, or U.S. Mail.Registration will be accepted onlywhen accompanied by payment.

n Onlinehttp://www.abanet.org/health

n Fax312/988-6797

n U.S. MailAmerican Bar AssociationHealth Law Section321 North Clark StreetChicago, IL 60610

n ON SITE REGISTRATION:Please call 312/988-5532 by FEBRUARY 17, 2006 to ensurespace availability. On site registrationwill only be accepted when accompa-nied by check, money order, Visa,American Express, or MasterCardinformation.

n CANCELLATION POLICY:Tuition, less a $50 handling charge foreach registration, will be refunded uponwritten cancellation received no laterthan FEBRUARY 13, 2006.Cancellations received after this datecannot be refunded but substitutions areencouraged. The ABA reserves the rightto cancel any program and assumes noresponsibility for personal expenses.

n REGISTRATION FEEYour payment will cover admission tothe program, continental breakfasts,coffee breaks, tickets to the IGLuncheons on each day, receptions, andone set of program course materials.

n INTEREST GROUP LUNCHESRegistrants are encouraged to attendthe Interest Group lunch of theirchoice on both Thursday and Friday.There is no additional charge, but reg-istrants must pre-register for the lunchmeeting of their choice. They willreceive tickets to guarantee boxedlunches will be reserved and placed in the meeting room where the IGmeeting will be held.

n HOTEL INFORMATION: The conference will be held at theHilton Tucson El Conquistador, which islocated at 10000 N. Oracle Road,Tucson, Arizona 85704. Please call(520) 544-5000 to reserve your roomno later than FRIDAY, JANUARY 20,2006 and mention the American BarAssociation Health Law Section 7thAnnual Conference on EmergingIssues Room Block. Room rates are$190 for a single or double room.

n AIRLINE INFORMATION:The resort is approximately 20 miles(30-40 minutes) from TucsonInternational Airport. To obtain dis-counts through the ABA MeetingDiscounted Airfares Program, pleaserefer to the special ABA discountcode below when using AmericanAirlines:American Airlines(800/433-1790)Discount Code: 18395

n CLE CREDIT:CLE has been requested from everystate with general mandatory continu-ing education requirements for lawyers.For information on the approved num-ber of credit hours to be awarded byeach state, please contact the HealthLaw Section directly at 312/988-5532after FEBRUARY 1, 2006.

n HEALTH LAW SECTIONMEMBERSHIP:As an added bonus to new members,the member’s tuition rate will be avail-able to registrants who become mem-bers of the ABA Health Law Section.Membership dues are not deductible ascharitable contributions for federalincome tax purposes, but such dues maybe deductible as a business expense.

n TAX DEDUCTION FOR EDUCATIONAL EXPENSES: An income tax deduction may beallowed for educational expensesundertaken to maintain or improve professional skills. This includes registration fees, travel, meals, andlodging expenses. (see Treas. Reg.1.162-5) (Coughlin vs. Commissioners,203 F 2d 307)

n SERVICES FOR PERSONSWITH DISABILITIES:If special arrangements are required foran individual with a disability to attendthis program, please submit yourrequest in writing to Abigail Palagi,American Bar Association Health LawSection, 321 N. Clark St., Chicago, IL60610, or fax to 312/988-6797.

n DRESS CODE:Resort casual attire is appropriate for all meetings, CLE programs andsocial events during the program – no business suits, ties or stockings! However, the meeting rooms tend tobe cool, so be sure to carry a sweateror light jacket.

Conference Information


PROGRAM REGISTRATION FORM

Name

First Name for Name Badge

Company Name

Address

City, State, Zip

Phone Fax

E-mail Address

ABA ID #

States in which you are licensed (please list all)

Program RegistrationONLINEhttp://www.abanet.org/health

BY FAX312/988-6797

BY MAILABA Health Law Section321 North Clark StreetChicago, IL 60610

3 ways to register

Part A REGISTRATION FEES:o $ 995 General Attendees (non-ABA Members)o $ 795 ABA Member, Non-Health Law Membero $ 695 ABA Health Law Member **o $ 250 Government / Academico $ 75 Student** Take advantage of this today when you sign up for ABA Health LawSection membership! See Part C below.

Part B FUNDAMENTALS/ INDUSTRY PERSPECTIVE SESSIONS:o No, I will not attend the Fundamentals Program or the Industry

Perspective Session o Free! I will attend the Fundamentals Program. The

fee is waived with my paid Emerging IssuesConference Registration

o Free! I will attend the Industry Perspective Session.The fee is waived with my paid Emerging IssuesConference Registration

o $ 125 Fundamentals Program or the IndustryPerspective Session for non-Health Law SectionMembers (if not attending Emerging IssuesConference — please indicate only one):

o $ 75** Fundamentals Program or the IndustryPerspective Session for Health Law SectionMembers (If not attending Emerging IssuesConference – please indicate only one):

** Take advantage of this today when you sign up for ABA Health LawSection membership! See Part C below.

Part C HEALTH LAW SECTION MEMBERSHIPo $ 50 Please sign me up for ABA Health Law Section

membership (you must be a member of theAmerican Bar Association to join the Health LawSection)

Part D INTEREST GROUP LUNCHESThere is no additional charge to attend either or both days of InterestGroup Lunch Meetings. However, the lunches will be ticketed, there-fore registrants must indicate which lunch(es) they plan to attend.

Thursday Lunch Meetings: Please choose to attend one of the following:o eHealth, Privacy & Securityo Healthcare Fraud & Compliance o Healthcare Litigation & Risk Managemento Medical Research, Biotechnology & Clinical Ethical Issueso Transactional & Business HealthcareFriday Lunch Meetings: Please choose to attend one of the following:o Employee Benefits & Executive Compensationo Healthcare Facility Operations o Managed Care & Insuranceo Payment & Reimbursemento Public Health & Policyo Tax & Accounting

Part D 7TH ANNUAL HLS MARGARITA CUP GOLFSCRAMBLE Shotgun tee time begins at 11:00 am Saturday. Please arrive at thegolf course NO LATER than 10:45 am, depending on your assignedtee time. Don’t forget to join us at the reception immediately followingthe golf event!

o $ 75 7th Annual Margarita Cup Golf Scramble

Part E COURSE MATERIALSOne set of course materials (either Paperback Book or CD ROM) isincluded in the registration fees. Please indicate your preference below.For an additional charge of $25, attendees can receive both versions ofthe materials. Please note that those registrants not indicating a prefer-ence will receive materials in the CD ROM version only.

o No Additional Charge 7th Annual Conference on EmergingIssues in Healthcare Law PaperbackBook

o No Additional Charge 7th Annual Conference on EmergingIssues in Healthcare Law CD ROM

o $25 7th Annual Conference on EmergingIssues in Healthcare Law CD ROMand Paperback Book

o Unable to Attend and Wish to Purchase the Materials?o I cannot attend the conference but wish to order the course materials.

Enclosed is my payment or credit card information. (Please allow 3-4weeks after completion of the conference for delivery of materials)

o $150 7th Annual Conference on Emerging Issues inHealthcare Law Paperback Book

o $150 7th Annual Conference on Emerging Issues inHealthcare Law CD ROM

o $175 7th Annual Conference on Emerging Issues inHealthcare Law CD ROM and Paperback Book

Category CostRegistration (A):_____________________________________ $________________Fundamentals/Industry Perspective Session (B):__________ $________________Section Dues (C):____________________________________ $________________Margarita Cup (D):___________________________________ $________________Course Materials (E):_________________________________ $________________

TOTAL FEES: $________________

METHOD OF PAYMENT:o CHECK enclosed (payable to the American Bar Association)o VISA o MasterCard o American Express

Card #

Exp. Date

Cardholder Signature

Hilton Tucson El ConquistadorGolf & Tennis Resort One of the top resorts in Tucson, Arizona,the Hilton Tucson El Conquistador Golf &Tennis Resort is set at the base of theSanta Catalina Mountain range inNorthwest Tucson, AZ. Inspired by thebeauty of its pristine natural canyon viewsand lush desert surroundings, this luxuryfull-service Tucson hotel is equipped withgolf, tennis and conference facilities andthe perfect location to enjoy your nextvacation or conference.

The Hilton Tucson El Conquistador is thelargest golf resort in Southern Arizonaoffering 45-holes of championship golf onthree different courses: The Conquistador,The Cañada and Pusch Ridge. We cater toall levels of golf enthusiasts with a compre-hensive golf academy.

n Special Features45-holes of Championship golf; 31 lighted tennis courts; luxury spa servicesincluding health club; Water Park including143-foot “Sliderock” waterslide, hot and cold springs, and kid’s pool; five distinctive restaurants; and on-site equestrian facilities.

n Dining & Entertainmentn Sundance Café - Open daily for

breakfast and lunch. n Dos Locos - Specializing in Nuevo

Latino cuisine. Open nightly for dinner. n Last Territory Steakhouse & Music

Hall - Upscale steakhouse with an old-west theme and live entertainment nightly.

n Desert Spring - Casual poolside dining.n La Vista Café - Casual dining at the El

Conquistador Golf Club.

n Room Features:All of the Hilton guestrooms and suitesinclude amenities such as: minibars, luxuriousguest robes, hairdryer, in-room movies, doubledata-port and wireless high-speed Internetaccess. Relax and unwind in the beautifulhigh desert at one of the premier Arizonadesert resorts.

Conference Social Eventsn Reception Honoring Young

Lawyers Co-sponsored by the ABA YoungLawyers DivisionJoin us Wednesday evening for anentertaining time as we invite local

young lawyers to meet colleagues andleaders in the Health Law Section.Learn what resources are available tomembers of the various sponsoringbars. Everyone is welcome!

n Welcome Reception Underwritten by BNA, Inc.Through generous partnership with BNA,Inc., we invite you to attend the WelcomeReception Thursday evening that will beheld at the resort immediately followingthe afternoon’s last session.

n The 7th Annual Margarita CupScramble and ReceptionJoin others in the Section for a fun after-noon of golf and play on the Cañada Courseof the Hilton Tucson El Conquistador Golf &Tennis Resort. Players at ALL levels arewelcome and fun prizes will be awarded at areception immediately following the event.

First-Class Mail

U.S. Postage

PAID

American Bar Association

American Bar AssociationHealth Law Section321 N. Clark StreetChicago, IL 60610-4714

American Bar Association

7th Annual Conference onEmerging Issues in Healthcare Law 2006Hilton Tucson El ConquistadorTucson, Arizona

Program Date: February 22 – 24, 2006Registration Deadline: February 8, 2006Hotel Room Block Deadline: January 20, 2006


Documents

ABA Health Law Section 7th Annual Conference on Emerging Issues in Healthcare Law … · 2017-04-03 · Charity Scott, Professor of Law and Director, Center for Law, Health & Society,