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Keynote Session: Ebola and the Law: What You Need to Know SPECIAL ADD-ON SEMINAR COSPONSOR Health Care Law Section of the State Bar of Michigan Health Care Investigations– A Case Study Approach 21ST ANNUAL Health Law institute MARCH 12–13, 2015 | PLYMOUTH REGISTER TODAY www.icle.org/health 877-229-4350

Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

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Page 1: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

Keynote Session:

Ebola and the Law: What You Need to Know

SPECIAL ADD-ON SEMINARCOSPONSOR

Health Care Law Section of the State Bar of Michigan

Health Care Investigations– A Case Study Approach

21ST ANNUAL

Health Law instituteMARCH 12–13, 2015 | PLYMOUTH

REGISTER TODAY

www.icle.org/health 877-229-4350

Page 2: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

ICLE’s Health Law institute

MARCH 12–13, 2015 | PLYMOUTH

2

Keep Pace with Critical Changes in Health Care LawFrom privacy and security issues to new developments in joint ventures, health law issues are front and center worldwide, making it more important than ever to stay current and ahead of trends. Get expert coverage of the topics you care about most and a roundup of essential updates including Stark, fraud and abuse, and the most important local and federal cases and legislation.

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Expert Advice on Critical Health Law Trends Impacting You and Your ClientsFrom the legal aspects of the Ebola outbreak to new models for compensating medical providers and the latest threats to privacy and security, get expert advice on effectively preparing for and advising on these trends.

Exceptional NetworkingJoin 200+ local and national health care professionals involved in every area of health care practice—from litigation and risk management to billing and reimbursement; sales and acquisitions to health care compliance; and more.

Updates in Health Care for Every Practice NeedKeep current as leading experts in the areas of Stark, fraud and abuse, and federal and Michigan law tell you what changes will effect your clients.

New to Health Law Practice?Take home a thorough understanding of foundational health law topics like physician contracting, billing and payments, and medical malpractice concepts in the Core Concepts Track.

Take Home Great ResourcesYour registration includes hundreds of pages of supporting written materials, and downloadable MP3 audio recordings.

One-on-One Workshop with Experts from Around the StateJoin us Wednesday for the special add-on seminar Health Care Investigations—A Case Study Approach. Work in small groups with expert faculty who will guide attendees though a mock case study involving an internal investigation in this hands-on workshop. Additional fees apply.

See page 10

Understand legal issues that arise when infected patients enter the U.S.

See page 6

Page 3: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

REGISTER TODAYwww.icle.org/health | 877-229-4350

3

DetailsMarch 12–13, 2015

The Inn at St. John’s, Plymouth

CLE Level: Basic/ Intermediate/Advanced CLE: 9

Discounted rooms available at The Inn at St. John’s, Plymouth. Call 734-414-0600 and reference ICLE/Health Law. See page 9

Special Add-On Seminar: Health Care Investigations— A Case Study Approach Wednesday, March 11 One-on-one workshop with experts from around the state. See page 10

Register TodayOnline www.icle.org/health

Call 877-229-4350

Fax 877-229-4351

Mail ICLE, 1020 Greene St. Ann Arbor, MI 48109-1444

Other Hot Topics

Clinically Integrated Networks

Delivering Healthcare to Minors

Handling Joint Venture Transactions

Security and Privacy Breach Prevention

Ebola and the Law: What You Need to Know Understand legal issues that arise when dealing with infectious disease outbreaks.See page 6

ContributorsDenise H. ChryslerThe Network for Public Health Law, Ann Arbor

The Topics You Care About the Most

Jane E. JordanChief Counsel for Health Affairs, Emory Healthcare and Emory University, Atlanta, GA

Matthew Penn (Invited)

CDC Office for State, Tribal, Local, and Territorial Support, Atlanta, GA

“ All of the presentations, without exception, were timely, relevant, and well-presented.Brian P. Lennon, Warner Norcross & Judd LLP, Grand Rapids

Understand legal issues that arise when infected patients enter the U.S.

See page 6

Page 4: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

ICLE’s Health Law institute

MARCH 12–13, 2015 | PLYMOUTH

4

Agenda

Welcome and Update on Health Care Law Section Activities

THURSDAY, MARCH 12, 2015

FRIDAY, MARCH 13, 2015

1:30pm

2:25pm

3:25pm

Ebola and the Law: What You Need to Know

Federal Regulatory Update

Networking Break

Minors and Health Care: What You Need to Know

Networking Lunch

3:10pm

Core Concepts Track Intermediate/Advanced Track

Key Fundamentals of Physician Contracting

Stark Advanced Session

Demystifying Billing Practices and Payments

GME Resident Performance, Unprofessionalism, and Disputes

Nuts and Bolts of Medical Malpractice Litigation

Structuring Compensation for Quality in the New Health Care Paradigm

Networking Break Networking Break

Michigan Health Law Update

Networking Reception—Sponsored by the Health Care Law Section of the State Bar of Michigan

9:00am

9:20am

10:20am

11:00am

11:15am

12:15pm

4:20pm

5:30pm

10:30am

11:35am

Transactional Track Hot Topics Track

Clinically Integrated Networks: Their Impact on Physicians and Payors

Hot Topics in Labor and Litigation

Recent Trends in Transactions and Joint Ventures

Hot Topics in Privacy and Security

Fraud and Abuse Update

Networking Break

9:00am

10:15am

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Hot Topics TrackJohn C. SchwartzCHE Trinity Health, Livonia

Thursday Plenary Sessions and Intermediate/Advanced TrackJennifer L. BenedictHonigman Miller Schwartz and Cohn LLP, Detroit

Core Concepts TrackLaura Miron NapiewockiUniversity of Michigan Office of the General Counsel, Ann Arbor

Friday Plenary Sessions and Transactional TrackDavid L. RogersRogers & Associates PC Attorneys and Counselors, Farmington Hills

SouthwestRegion4

UniversityRegion47

1229

MetroRegion121

GrandRegion

NorthRegion3

SuperiorRegion0

BayRegion

Years inPractice

0–3

4–5

25–35

5–1515–25

35+

Gender

FemaleMale

By The NumbersData Collected from the 2014 Health Law Institute

Moderators

225Total Health Law Institute attendees

70Attendees in the Business Law Section

68Attendees in the Young Lawyers Section

80%Attendees in the Health Law section

50Solo and small firm lawyers in attendance

74Corporate Counsel lawyers in attendance

Based on sampling of 96% of attendees.

Page 6: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

ICLE’s Health Law institute

MARCH 12–13, 2015 | PLYMOUTH

6

9:00am/Thursday

Welcome and Update on Health Care Law Section ActivitiesJennifer L. Benedict, Chair, Health Care Law Section of the State Bar of Michigan, Honigman Miller Schwartz and Cohn LLP, Detroit

10:20am/Thursday

Federal Regulatory UpdateDon’t miss this annual opportunity to stay current on all the latest changes in federal regulation. Take away keen analysis of the significance and implications of each new development.Maria B. Abrahamsen, Dykema, Bloomfield Hills

11:15am/Thursday

Minors and Health Care: What You Need to KnowInteractive panel discussion of strategic and pragmatic approaches to common issues healthcare providers address when caring for minors; from identifying lawful decision makers, to handling religious objections, to addressing minor consent and beyond.Hon. Patricia D. Gardner, Kent County Probate Court, Grand Rapids; Cara L. Jansma, Spectrum Health Hospital Group, Grand Rapids; Robert M. Kruse, Mikita Kruse Law Center, Rockford

4:20pm/Thursday

Michigan Health Law UpdateState health care law experts review the top statutory, caselaw, and legal trends in Michigan and give advice on how these changes will impact your health care clients.Lindsay B. Hartman, Warner Norcross & Judd LLP, Grand Rapids; Jennifer B. Van Regenmorter, Foster Swift Collins & Smith PC, Holland

5:30pm/Thursday

Networking ReceptionSponsored by the Health Care Law Section of the State Bar of Michigan

9:00am/Friday

Fraud and Abuse UpdateIn this annual session, learn about the latest government activities and what precautions you must take to protect your clients. Our faculty will give an inside look at the complex landscape of fraud and abuse prosecution in the face of health care reform.Alan G. Gilchrist, The Health Law Partners PC, Southfield; Adam Townshend, U.S. Attorney’s Office—Western District of Michigan, Grand Rapids; Leslie Matuja Wizner, U.S. Attorney’s Office—Eastern District of Michigan, Detroit

9:20am/Thursday

Ebola and the Law: What You Need to KnowIn July, two American aid workers infected with Ebola were medically evacuated to the U.S. for care at a specially designed high-security isolation unit at Emory University Hospital. Now people are being diagnosed in the U.S. These events raise questions and concerns for public health and health care lawyers and their clients, related to legal preparedness for potential infectious disease outbreaks. It also highlights a need to explore the role of law in preparing for this and similar potential public health emergencies. The panelists will discuss legal issues that arise when infected patients enter the U.S. and explore legal powers and duties health department personnel have if Ebola or other similar health emergencies occur in the U.S.Jane E. Jordan, Chief Counsel for Health Affairs, Emory Healthcare and Emory University, Atlanta, GA; Matthew Penn (Invited), CDC Office for State, Tribal, Local, and Territorial Support, Atlanta, GA; Denise H. Chrysler, The Network for Public Health Law, Ann Arbor

Plenary Sessions

Keynote Session

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REGISTER TODAYwww.icle.org/health | 877-229-4350

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Contributors

4Hot Topics TrackFriday | Page 9

2Intermediate/Advanced TrackThursday | Page 8

3Transactional TrackFriday | Page 9

1Core Concepts TrackThursday | Page 8

Charles E. Kelly, D.O.Henry Ford Physician Network, Detroit

NOW President and Chief Executive Officer of the Henry Ford Physician Network; chairs the licensing board of the Michigan Board of Osteopathic Medicine and Surgery.

PRIOR Medical Director and Chief of Staff at Saint Joseph Mercy Livingston Hospital; Vice President of Medical Affairs and Chief Medical Officer of St. Joseph's Healthcare.

FACTS Served 14 years as flight/fighter surgeon in the Michigan Air National Guard and was awarded the Air Force Commendation Medal and Meritorious Service Medal.

Leslie Matuja Wizner

U.S. Attorney’s Office—Eastern District of Michigan, Detroit

NOW Deputy Chief of the Affirmative Civil Litigation Unit for the U.S. Attorney's Office in the Eastern District of Michigan.

PRIOR Spent 27 years as government counsel, in-house counsel, and outside counsel in various capacities in the health law arena.

FACTS Prosecutes civil health care and other types of fraud against the federal government including violations under the False Claims Act, Stark Law and Anti-Kickback Statute.

Ralph F. Valitutti, Jr.Kitch Drutchas Wagner Valitutti & Sherbrook, Mt. Clemens

NOW Co-heads the firm’s birth trauma defense practice and serves as national counsel for insurers and major health systems in birth trauma cases in almost every state in the country.

PRIOR Has spent almost four decades as a litigator with his firm and served as first chair in more than 70 trials which have gone to verdict.

FACTS Named a Michigan Super Lawyer every year since 2006 and recognized in DBusiness Magazine as a 2013 Top Lawyer in medical malpractice and professional liability.

Featured Contributors

Page 8: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

ICLE’s Health Law institute

MARCH 12–13, 2015 | PLYMOUTH

8

2 Intermediate/ Advanced Track

1 Core Concepts Track

1:30pm

Key Fundamentals of Physician ContractingTo be a top-notch health care legal professional it is important to understand the fundamentals of physician contracting. Get an understanding of physician employment and recruitment agreements, professional service agreements between physicians and other health care providers and entities, lease agreements between physicians and other healthcare providers and entities, and more!Marta J. Hoffman, Plunkett Cooney, Bloomfield Hills

2:25pm

Demystifying Billing Practices and PaymentsHealth care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from the time the patient presents for a service (inpatient, outpatient, or professional) to the time the claim is processed and everything in between. Learn the most common codes used, what the billing process looks like when it’s accurate and what can happen when it’s not. Plus, take home a cheat sheet of the most common billing and payment acronyms.Laura Lovett, CPC, CPMA, CEMC, The Rybar Group, Fenton

3:25pm

Nuts and Bolts of Medical Malpractice LitigationGet the basics from two of Michigan’s top litigators as they guide you, step by step, through the medical malpractice suit process. From medical record review to affidavits of merit, to retaining experts, you’ll get the plaintiff and defense perspective and hear how medical malpractice litigation differs from other types in Michigan. Plus, learn the key statutes and court rules governing this area of law. Euel W. Kinsey, Jr., McKeen & Associates PC, Detroit; Ralph F. Valitutti, Jr., Kitch Drutchas Wagner Valitutti & Sherbrook, Mt. Clemens

Thursday Tracks

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1:30pm

Stark Advanced SessionIn this annual update, get the latest information on new cases as well as settlements and trends impacting your practice. Get an understanding of the new Stark Administrative Simplification Act and walk through a case study with fair market value (FMV) challenges.Keith J. Soltis, Kotz Sangster Wysocki PC, Bloomfield Hills; Cynthia F. Wisner, CHE Trinity Health, Livonia

2:25pm

GME Resident Performance, Unprofessionalism, and DisputesWhat happens when your resident doesn’t perform according to program requirements or acts badly? Is professionalism an academic issue managed by the GME program director or is it an employment issue? What rules apply when the resident is moonlighting? Our panel of experts gives you the answers and provides best practice tips for handling resident performance issues, program and accrediting body grievance processes and more. Understand how a resident’s status within a teaching health care organization can impact corrective action steps and what to do to minimize the risk of litigation when dismissal is imminent.Scott J. Geboy, Hall Render Killian Heath & Lyman PC, Milwaukee, WI; Heather Wurster, University of Michigan Health System, Ann Arbor

3:25pm

Structuring Compensation for Quality in the New Health Care ParadigmCompensation for health care providers is changing. Gone are the days when doctors are paid based solely for the number of procedures they perform or patients they see. With the industry putting greater emphasis on, and attaching payment to, quality, outcomes, efficiency, and patient satisfaction, it is essential for practitioners to understand not only the rationale and principles behind the change, but also how both practitioners and valuation experts are navigating this systematic change in how health care providers are being paid.Arthur F. deVaux, Hall Render Killian Heath & Lyman PLLC, Troy; Mary Heymans, Integrated Healthcare Strategies, Minneapolis, MN

Page 9: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

REGISTER TODAYwww.icle.org/health | 877-229-4350

9

4 Hot Topics Track

3 Transactional Track

10:30am

Clinically Integrated Networks: Their Impact on Physicians and Payors*Take a look at clinical integration through the eyes of the physicians and get a thorough understanding of how their perspectives impact the legal and business aspects of an integrated network. See how the everyday challenges of measuring patient outcomes, reducing costs, and sharing data across all providers necessary for a successful clinically integrated network impact the payor contracting process. Learn tips for getting physician buy-in and get strategies for negotiating physician agreements and payor contracts to ensure you are delivering a truly functional and value-driven network.Charles E. Kelly, D.O., Henry Ford Physician Network, Detroit; Mark S. Kopson, Plunkett Cooney, Bloomfield Hills; Amy B. Thomas-Mellema, Thomas-Mellema Law, Grand Rapids

11:35am

Recent Trends in Transactions and Joint Ventures* Thorny issues often arise with the sale of a medical practice or when hospitals invest in physician group practices such as physician retention and compensation, how to handle Safe Harbor and Stark exceptions, shared ancillary services income and more. Get best practice tips for handling these issues and others from one of Michigan’s top health care transactions expert.David L. Rogers, Rogers & Associates PC Attorneys and Counselors, Farmington Hills

10:30am

Hot Topics in Labor and Litigation*Hear from industry experts about the newest developments in labor law and employment litigation in the health care industry. Get the leading perspectives from in-house and outside counsel regarding organizing strategies and trends and the impact of Right to Work in Michigan.Bruce M. Bagdady, Hall Render Killian Heath & Lyman PLLC, Troy; John C. Schwartz, CHE Trinity Health, Livonia

11:35am

Hot Topics in Privacy and Security*As daily headlines indicate, threats to the privacy and security of patient information are increasing and, at the same time, government is stepping up its enforcement efforts aimed at health care providers. Hospitals, physician groups and other providers need to meet these challenges by prioritizing their privacy and security compliance activities. Learn more about recent developments in the privacy and security arena, and get tips on how your clients can prevent—and mitigate—breaches and other costly HIPAA violations.Leah A. Voigt, Spectrum Health Hospital Group, Grand Rapids

Friday Tracks

AccommodationsThe Inn at St. John’s 44045 Five Mile Road, Plymouth, MI 48170, 734-414-0600

Hotel Information: A block of rooms has been reserved at The Inn at St. John’s, Plymouth, under ICLE/Health Law for March 11–12, 2015. The room rate is $139/night. Please call 734-414-0600 to reserve a room. Reservations must be made by February 25, 2015. Registrants are responsible for their own hotel expenses.

* MP3 download available to all registrants after the seminar

Page 10: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

Special Add-On Seminar

Health Care Investigations—A Case Study Approach

Handle Health Care Investigations With ConfidenceWhether you work for a health system or advise health care organizations and physicians—this hands-on workshop is for you. Expert faculty from around the state bring their unique perspectives to help guide attendees through a mock case study involving an internal investigation. Working in small groups, attendees will participate in the investigation and answer key questions like whether to involve outside counsel and why, what issues should be privileged during an investigation, what are the priorities for interviewing witnesses and much more!

Brian P. LennonWarner Norcross & Judd LLP, Grand Rapids

General Overviewbackground info, intro of case study • structure of investigation, things to look for

Group Exercise I—Initial Considerationswho is the investigator? • who is your client? • do employees need their own representation? • short debrief and intro of next topic

Group Exercise 2: Mechanics of the Investigationin-house and outside counsel • witnesses to interview • protecting the investigation • short debrief and intro of next topic

Networking Break

Group Exercise 3: Documenting and Reporting on the Investigationpreparing privileged/protected documents • preparing a final report to be shared as needed

Final Debrief and Conclusionslessons learned • best practice tips to share

Save $30 When You Register for the Health Law Institute

www.icle.org/health877-229-4350

Cosponsored by the Health Care Law Section of the State Bar of Michigan

Level: Basic/Intermediate CLE Level: 3.25

Contributors

MARCH 11, 2015 | 1:30pm–5:00pm | The Inn at St. John’s, Plymouth

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Andrea J. BernardWarner Norcross & Judd LLP, Grand Rapids

Page 11: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

REGISTER TODAYwww.icle.org/health | 877-229-4350

11

4Mail (form with payment)ICLE, 1020 Greene St. Ann Arbor, MI 48109-1444

2Call (with credit card)877-229-4350

3Fax (form with credit card)877-229-4351

1Online (with credit card)www.icle.org/health

5BL

4 Ways to Register

F. Payment Info | Calculate Total and Select Check/CC

Institute Registration (Box B) $

Electronic Materials Only Discount2 (Box C) $

Special Add-On Seminar Registration (Box D) $

Institute Materials for Non-Registrants (Box E) $

Add 6% MI Sales Tax (on Institute Materials for Non-Registrants only) $

Total Amount Due $

Check Check No. Payable to: ICLE

Visa Mastercard Amex Discover

CC No. Exp. Date /

Signature for CC

A. Personal Info

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MI Bar# ICLE P’ship#

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1 Please attach additional sheet listing lawyers attending.2 Registrants will receive the print handbook and electronic materials if no format is

specified. Select “electronic materials only” discount or enter SAVE25 online to save $25 off registration fee. Materials will be posted online before the seminar.

Persons with disabilities or dietary restrictions: For special arrangements please contact ICLE no later than seven days before the seminar. Walk-in Registrations: Permitted on a space-available basis or if registrants fail to claim their seat in the first 15 minutes of the seminar. Institute Cancellation Policy: In order to receive a full refund, you must notify ICLE by February 26, 2015. After February 26, a $45 handling fee will be assessed. No refunds will be issued after March 5, 2015. Special Add-On Seminar Cancellation Policy: In order to receive a full refund, you must notify ICLE by February 25, 2015. After February 25, a $45 handling fee will be assessed. No refunds will be issued after March 4, 2015.

B. Institute Registration | Pick One

Health Law Institute03/12–13/15

$395 General

$365 Cosponsor Section Members

$345 ICLE Partners

$295 per lawyer (4+ lawyers from the same firm)1

$195 New Lawyers (0-3 years in practice P75000+)

C. Materials Format | Institute Registrants Pick One

FREE Print Handbook and Electronic Materials

Save $25 Electronic Materials Only2

D. Special Add-On Seminar Registration | Optional

Health Care Investigations—A Case Study Approach03/11/15

$165 Health Law Institute Registrants

$195 General (Not attending Health Law Institute)

$165 ICLE Partners or Cosponsor Section Members

$165 per lawyer (4+ lawyers from the same firm)1

$95 New Lawyers (0-3 years in practice P75000+)

E. Institute Materials for Non-Registrants | Optional

Can’t attend? Purchase the electronic materials and select recordings.

$195 Non-ICLE Partners (No Institute Admission)

$136.50 ICLE Partners (No Institute Admission)

15CI-4110

15CH-4103

(-$25)

Page 12: Health Law institute - ICLE · Health care billing is one of the most complicated aspects of health care law, so getting the proper foundation is key. Get a step-by-step guide—from

Keeping Pace with Critical Changes in Health Care Law

COSPONSOR

REGISTER TODAY

Health Law Section of the State Bar of Michigan

www.icle.org/health 877-229-4350MARCH 12–13, 2015 | PLYMOUTH

21ST ANNUAL

Health Law institute

Ebola and the Law: What You Need to Know

Keynote Session Keynote Contributors

Jane E. JordanChief Counsel for Health Affairs, Emory Healthcare and Emory University, Atlanta, GA

Denise H. ChryslerThe Network for Public Health Law, Ann Arbor

Matthew PennCDC Office for State, Tribal, Local, and Territorial Support, Atlanta, GA (Invited)

Keep Pace with Critical Changes in Health Care Law

COSPONSOR

REGISTER TODAY

Health Care Law Section of the State Bar of Michigan

www.icle.org/health 877-229-4350

MARCH 12–13, 2015 | PLYMOUTH

21ST ANNUAL

Health Law institute