1 Tamar Abell, MA CCC-SLP,LNHA Undergraduate Major/Discipline: Education Undergraduate Degree: BA Undergraduate Year: 1987 Undergraduate School: Northeastern University Graduate Major/Discipline: Speech Language Pathology Graduate Degree: MA Graduate Year: 1991 Graduate School: Northwestern University Current Job Responsibilities and Professional Background: Tamar Abell is a thirdgeneration nursing home owner and operator that managed 10 facilities throughout the Midwest. The facilities were in rural and urban locations and ranged in size from beds. Her primary role as Vice President of this LTC Management Company, included oversight of a corporate integrity agreement (CIA) and government liaison, development of an effective corporate compliance program including staff training, risk management and development of an effective quality assurance program. In an effort to meet the training requirements of the CIA, Abell had developed a best in class on-line training and tracking company to assist in compliance and excellence and consistency in staff training. From this experience she developed Upstairs Solutions, an online training company dedicated to the training needs of senior care and is currently CEO. Tamar received her Master s in Speech-Language Pathology from Northwestern University and is a Licensed Nursing Home Administrator. Ms Abell has presented nationally regarding her experiences with an Office of Inspector General Corporate Integrity Agreement and Developing an Effective Compliance and Quality Assurance Program. Conferences have included AHCA (2010), AHLA (2008 and 2011) HCCA (2009) and several state and risk management conferences. In addition, Tamar has co-presented with the Office of Inspector General. Tamar Abell, MA, CCC-SLP Upstairs Solutions - Online Training for Senior Care Principal
2 JEANNIE ADAMS is a director at HDJN in Richmond, Virginia and has represented nursing facilities, assisted living facilities, and other licensed health care providers in administrative and regulatory matters before State agencies for 15 years. Ms. Adams advises on state and federal reporting requirements and Medicare certification and survey requirements. She has extensive experience representing providers at informal dispute resolution proceedings and with CMS Departmental Appeals Board appeals. She also devotes a significant amount of her practice to the certificate of public need process and related appeals. Ms. Adams also represents licensed facility administrators with professional licensing disputes before the regulatory boards. She has published numerous client advisories on issues relevant to long term care providers and serves on the Editorial Board for the American Health Lawyers Association s Long Term Care Advisor. ACADEMIC DEGREES Undergraduate Degree: B.S. Political Science Year: 1988 Name of Academic Institution: Appalachian State University City, State, Country: Boone, North Carolina, USA Graduate Degree: Juris Doctor Year: 1994 Name of Academic Institution: University of Arkansas, University of Virginia School of Law (visiting student ) City, State, Country: Fayetteville, Arkansas, USA DM #404657
3 ANDREA C. BARACH Partner, Nashville Direct Dial Direct Fax PRACTICE AREAS Health Care Business Formation and Counseling Intellectual Property Long Term Care and Senior Housing Public Finance Corporate and Securities Health Care Mergers and Acquisitions Affordable Housing and Community Development Trademarks Technology Transactions EDUCATION D.L., University of Chicago Law School, 1983 B.A., Mathematics, Vanderbilt University, 1980, magna cum laude, Phi Beta Kappa COURT ADMISSIONS Tennessee State Bar Andrea Barach has practiced law since 1983 with a practice that concentrates on business transactions including acquisitions, dispositions and financing. She represents clients in a variety of industries including health care, long term care, real estate development and finance. She has extensive experience counseling clients in the health care, long term care and senior housing in transactions including FHA insured mortgage finance administered by HUD, tax-exempt bond financing, synthetic leases and sale-leaseback financing. Because of her experience and understanding of these legal issues, Andrea is a frequent speaker and published author on the issues of long term care facility finance. In addition, she practices in the areas of trademark law and franchise law. She has experience obtaining trademark protection for clients valuable marks and preparing and registering their franchise disclosure documents. DISTINCTIONS Best Lawyers in America, Corporate Law, Best Lawyers in America, Corporate M&A, Franchise, , 2009 Martindale AV rating YOU MAY NOT KNOW Andrea Barach plays cello with Nashville Philharmonic Orchestra, a volunteer community orchestra. REPRESENTATIVE EXPERIENCE Acquisition of skilled nursing facility in Wisconsin Represented Buyer in purchase of skilled nursing facility in Eau Claire Wisconsin and financing of acquisition with FHA insured mortgage under Section 232. American Eagle LifeCare Corporation Refinancing of Three Indiana Facilities (CCRC, Senior Housing, Assisted Living) Represented Borrower in refinance of portfolio of 3 facilities with FHA insured mortgages under Section 232/223f. 1
4 ANDREA C. BARACH Copyright Issues Regarding Book Based on the Civil War Advised author of book based on diaries written during the Civil War concerning copyright issues and attribution issues related both to the Civil War and the book based on those diaries. FHA Insured Financing of Nursing Home in Wilmington, DE Represented owner of nursing home in refinancing with HUD 232/223(a)(7) insured loan program to reduce interest rate over 3% to 4.10% Formation of a Medical Management Company Represented investors in formation of limited liability company to manage health care services for correctional facilities. Negotiation of Acquisition of Trademark from Physician Group and Licenses Negotiation of acquisition of trademark from physician group and licenses required to allow usage of similar mark for new regional health network including hospitals, doctor offices, etc. Purchase of a Long Term Care Management Company Represented two nonprofit owners of skilled nursing and assisted living centers in acquisition of a 50% indirect interest in long term care management company based in KY managing nursing homes and assisted living facilities primarily in WI, IN and IL. Refinance of Kingston, TN assisted living facility Represented Borrower in refinance of assisted living facility under Section 232/223f, and subsequent financing of additional wing under Section 232/241a. Refinancing under FHA 232/223(a)(7) Represented non-profit borrower in the $9.4 million refinance of a skilled nursing facility in Delaware with a FHA insured mortgage loan under Section 232/223(a)(7). Sale of Stock of Custom Software Solutions, Inc. Represented major shareholders in closely held corporation in sale of stock of small software development company. Settlement and Multilevel financing for reconstruction of skilled nursing facility in Cape May, NJ Represented Borrower in settlement of dispute over insurance responsibilities after casualty destruction of skilled nursing facility and negotiation of second mortgage HUD insured loan under 232/241a and additional subordinated manager-provided financing. 2
5 ANDREA C. BARACH Tennessee Health Management Refinance of Portfolio of Skilled Nursing Facilities Represented Borrower in refinance of portfolio of 13 skilled nursing facilities with FHA insured mortgages under Section 232/223f. 3
6 Caroline J. Berdzik Caroline J. Berdzik is Assistant General Counsel of Care One, LLC and its affiliates. Ms. Berdzik joined the company in September In her role as assistant general counsel, she is responsible for managing the diverse litigation portfolio for the organization and for proactively handling regulatory, employment and contractual issues that have the potential to impact operations. Prior to joining Care One, Ms. Berdzik was a shareholder with the law firm of Buchanan Ingersoll and Rooney PC in Princeton, New Jersey where her practice was primarily concentrated in the area of employment law and litigation for corporate clients. Ms. Berdzik is a member of the American Health Lawyers Association and Association of Corporate Counsel. She is admitted to the New Jersey, New York and Pennsylvania bars. In 2008, she was named one of New Jersey Law Journal's "40 Under 40." In 2006, 2007, 2008 and 2009, Ms. Berdzik was honored by her peers and named to the New Jersey Rising Stars list in New Jersey Monthly. She frequently speaks to industry groups and associations regarding areas such as risk management, litigation strategies and employment law best practices. Ms. Berdzik received a Bachelor of Arts degree in Political Science and French and graduated magna cum laude from Drew University. She received her J.D. from Rutgers School of Law- Camden.
7 Maribeth Bersani Maribeth Bersani has worked in the field of aging for 33 years. Currently she is Senior Vice President of Public Policy for the Assisted Living Federation of America. ALFA is the largest trade association representing senior living providers. Prior to joining ALFA, Ms. Bersani worked for Sunrise Senior Living for ten years. During her tenure at Sunrise, she worked in Sunrise development, operations, and regulatory affairs. After opening and managing a new Sunrise Community in Alexandria Virginia, Ms. Bersani became a Director of Operations overseeing 7 Sunrise properties in the Southeast. She was promoted to fill the newly created position as National Director of Government Affairs for Sunrise in Ms Bersani also served as Executive Deputy Director of the New York State Office for the Aging where she helped develop and implement statewide initiatives on behalf of New York State s three million elderly. Ms. Bersani has a Bachelors degree in Psychology from Alfred University (1976) and Masters Degree in Gerontology from the Davis School of Gerontology at the University of Southern California (1978).
8 Joseph L. Bianculli Experience: Mr. Bianculli has practiced health care law for nearly 30 years. He represents national and local proprietary and non-profit nursing facilities, hospitals, therapy companies and a variety of other health care providers and professionals in regulatory and litigation matters involving acquisitions, certificate of need, licensure and certification, reimbursement, fraud and abuse, criminal, commercial, professional licensure, exclusion and debarment, managed care and health reform. Mr. Bianculli is a frequent speaker at continuing education seminars and professional association meetings including the National Association and State Associations of Homes and Services for the Aging, American Health Care Association, American Health Lawyers Association, and the Practicing Law Institute. Mr. Bianculli is the author of the American Health Care Association s Long Term Care Managed Care Contracting Manual, and served on the Legal Committee of the American Association of Homes and Services for the Aging from Mr. Bianculli was recently named by McKnight Publishing s Long Term Care News as one of the 100 most influential people in the long term care industry. Bar Admissions: Mr. Bianculli is admitted to the bars of the District of Columbia, Virginia, the U.S. Supreme Court, and seven U.S. Courts of Appeals. Education: Mr. Bianculli graduated magna cum laude from Georgetown University in 1975, and cum laude from Georgetown University Law Center in 1978, where he served as an Editor of The American Criminal Law Review.
9 Richard J. Brockman Richard J. Brockman is a partner in the Birmingham Alabama law firm of Johnston Barton Proctor & Rose, LLP, and chairs the firm s Health Care Practice Group. His practice includes representing a variety of health care providers, from the largest health care systems to individual providers, on an array of health care related legal issues. He also represents regional and national lenders and mortgage servicers in respect to seniors housing loans. Richard is active in drafting and responding to national and state legislation affecting health care providers and consumers. He is a member of the Advisory Board of Alabama State Board of Health and recently served as a member of the Alabama Insurance Exchange Study Commission. Before practicing law, Richard owned and operated an acute care hospital and a number of nursing homes and is a licensed nursing home administrator. He continues to be principal in an ownership group with long term care facilities in three states. He currently is president-elect of the Alabama Nursing Home Association. In addition to serving on the Legal Committee and Finance Committee of American Health Care Association, he is a member of the American Health Lawyers Association and a host of other legal and health related organizations. Richard received his B.A. in accounting from Huntingdon College, his law degree from the Cumberland School of Law, Samford University, and his masters of law in taxation from New York University School of Law.
10 Doug Burr: Health Care Navigator, LLC Vice President of Finance, Reimbursement & Gov t Relations. Mr. Burr has more than 20 years experience in multiple aspects of healthcare finance. He has vast knowledge of the services provided by and the regulations affecting skilled nursing facilities and other post acute care providers. Mr. Burr also possesses a broad and deep understanding of Medicare and Medicaid coverage, eligibility and principles of reimbursement. Mr. Burr joined Health Care Navigator ( HCN ) in January of 2009 after serving in a similar capacity since August 2004 at Cypress Administrative Services an HCN affiliated company. At HCN Mr. Burr is actively involved in all regulatory related aspects of the business, corporate compliance, strategic financial forecasting, acquisition related due diligence, policy review and government relations. He represents the company on various technical advisory workgroups and in public policy development. Mr. Burr is an active member of various professional organizations and committees representing the interests of Long Term Care providers including AHCA, FHCA, GHCA, and LNHA. He currently serves as Chair of the AHCA Finance Committee, the FHCA Reimbursement Committee, the GHCA Reimbursement Committee and is the past-chair of the AHCA Data Research Workgroup.
11 MARGARET MURPHY CARLEY BIOGRAPHICAL SKETCH NAME Margaret Murphy Carley POSITION TITLE Executive Director, National POLST Paradigm Task Force, Associate Director, OHSU Center for Ethics in Health Care, INSTITUTION AND LOCATION DEGREE (if applicable) YEAR(s) FIELD OF STUDY Duke University Durham, NC BSN 1980 Nursing and History University of Virginia, Charlottesville, VA JD 1986 Law A. Personal Statement: B. Positions and Honors. Positions Staff Nurse, Cardiac Rehab Clinician, Georgetown University Hospital 1983 Research Assistant, Center for Health Policy Studies, Washington DC 1984 Summer Associate, Koonz, McKenney and Johnson PC, Washington DC Staff Nurse, University of Virginia Hospital, Charlottesville, VA 1985 Summer Associate, Casson, Calligaro and Mutryn, Washington DC 1986 Law Clerk, Unites States District Court, Western District of Virginia Associate, Casson, Harkins and LaPallo, Washington DC Associate at Lindsay, Hart, Neil, and Weigler and Ater Wynne Law firms, Portland, OR Legal Counsel Oregon Health Care Association Deputy Director and Legal Counsel, Oregon Health Care Association 2007-present Consultant at MCarley.com 2010-present OHSU Center for Ethics in Health Care- Executive Director, NPPTF Chair- Oregon POLST Task Force Associate Director- OHSU Center for Ethics Other Experience and Professional Memberships Bar Admissions: VA (1996), DC (1997), OR (1989) RN License in OR 1989 to the present Current Committees and Task Forces Oregon POLST Task Force Oregon s POLST Registry Advisory Committee- Immediate Past Chair Public Guardian and Conservator Task Force- Appointed by the Governor Oregon Physician s Orders for Life Sustaining Treatment Task Force - Chair American Health Care Association-Legal Committee (National Center for Assisted Living NCAL representative)
12 National POLST Paradigm Task Force- Executive Director, past Vice Chair Oregon State Bar- Health Law Section Member Virginia State Bar-Health Law Section Member Prior Committees and Task Forces The Task Force to Improve the Care of Terminally Ill Oregonians The Governor s Pain and Symptom Management Task Force American Health Lawyers Association Long Term Care Section Health Care Steering Committee- Workforce Investment Board Oregon Legislative Workforce Task Force Oregon Chapter, Alzheimer s Association, Public Policy Committee OHSU Center for Ethics -Community Advisory Committee Oregon Health Lawyer s Association- Treasurer DHS/SPD Public Guardian Task Force in 2008 Oregon s Nurse Attorney Association-Treasurer Multnomah County Bar Association Current Non Profit Board Member Touchmark Foundation Mary s Woods CCRC Past Board Member Positions Mt. St Joseph s Board- Board Member and Finance Committee Member Western State s Land Reliance Trust- Director Oregon Health Care Foundation for Quality Long Term Care- Founding Member, Treasurer Current For Profit Board Positions Pinnacle HealthCare, Eugene, OR 2008-present Honors Magna Cum Laude- Duke University Dean s List Duke University Sigma Theta Tau- National Nursing Honor Society 1980 Thelma Ingles Scholarly Paper Award C. Selected peer-reviewed publications (in chronological order). 1. A Method to Communicate Patient Preferences about Medically Indicated Life Sustaining Treatment in the Out-of -Hospital Setting P. Dunn, T. Schmidt, M. Carley et al. Journal of the American Geriatric Society 1996: 44: Hickman, S.E., Tolle, S.W., Brummel-Smith, K., & Carley, M.M. (2004). Use of the POLST (Physician Orders for Life-Sustaining Treatment) Program in Oregon: Beyond Resuscitation Status. Journal of the American Geriatrics Society, 52, Add at risk models in LTC publication-need cite Non-peer review publications 3. Oregon Adult Immunization Resource Manual for Nursing, Residential and Assisted Living Facilities, Member of The Oregon Adult Immunization Workgroup Fall OHCA/OCAL Seniors and Suicide: What Caregivers Need to Know April 1999
13 5. Oregon Health Division s Management of Antimicrobial Resistant Microorganisms in Long Term Care Facilities - May The Final Months of Life- A Guide to Oregon Resources by the Task Force to Improve the Care of Terminally Ill Oregonians- Second Edition April The Oregon Death with Dignity Act- A Guidebook for Health Care Providers The Task Force to Improve the Care of Terminally Ill Oregonians- March Contributing Editor to Contemporary Long Term Care Magazine s Legal Pulse Section ( ) D. Research Support. List selected ongoing or completed research projects (federal and non-federal support). Completed Research Support Agency for Healthcare Research and Quality Grant # 1 UC! HSO Awarded Sept Risk Models to Improve Long Term Care Medication Safety The goal of this project is to build two state-wide probabilistic risk models for nursing homes and community based care facilities. Role: Research Team Member, Model builder, Conference Presenter Completed Research Support The Greenwall Foundation (Hickman, PI) 2002 Private Foundation POLST Usage in the Field The goal of this project is to examine use of the POLST (Physician Orders for Life- Sustaining Treatment) by emergency medicine services, nursing facilities, and Oregon communities. Role: Consultant AARP Study ( ) A Review of the Evolution of State POLST Programs: Physicians Orders for Life Sustaining Treatment Sabatino, PI Role: Consultant
14 Lisa Conrad, RN, BA, RAC-CT Optimus EMR Inc Skypark Circle Suite 105 Irvine, CA (888) Ext 227 (614) Professional Summary: Professional Experience A professional nurse with demonstrated strengths in Clinical Software Workflow consulting and re-design, Nursing Management and program development. Background includes systems change, software testing and implementation, process implementation and case management. Nursing background includes advanced skills in Geriatric, Medical and Surgical nursing Present Optimus EMR Inc. Irvine, CA Director of System Integration/Operations Responsible for ongoing clinical support and retention of customer base. Workflow re-design moving customers successfully from paper charting and auditing to electronic charting and auditing. Consultation on best practices for survey, policy and procedure development, case mix optimization. Responsible for ongoing education of software use to customer base to obtain optimal clinical and financial results. Supervise and develop System Integration Team. Active in product development, testing and rollout of new software and interfaces both internally and with the customer base from a clinical perspective Broadview Multi-Care Center Parma, Ohio Director of Nursing Services Responsible for the planning and operations of the Department of Nursing for a 218 bed (52 Sub-acute/SNF bed) JCAHO Accredited Facility. Implemented an electronic medical record system. Was a Beta site facility for new software development and enhancements. Participated in the development of software enhancements from a clinical standpoint. Provided feedback to the software company for future software releases. Implemented the teaching of the software to the staff. Implemented an ongoing monitoring system to ensure success of the project and accurate capturing of data. Analyzation of the data to improve processes. Demonstration site for the software company to perspective clients. Instrumental in facilitating and educating staff on the ever-changing reimbursement systems.
15 Educated employees on the PPS Medicare reimbursement system and managed care industry. Implemented a solid facility-wide comprehensive case management program to streamline communication and improve appropriate allocation and utilization of resources. Pharmacy formulary education and utilization. Transportation utilization. Laboratory service utilization. Respiratory service education and services Maintained a facility-wide Ohio MDS Case Mix score consistently over 2.2. Developed competencies to educate all employees on appropriate scoring of the MDS Developed a system to maximize and capture Part B/Medicaid therapy utilization. Managed a 52 bed Sub-acute Unit that serves the medically complex patient population ranging from ventilator weaning to a CARF Certified Rehab Program. Developed and implemented a Comprehensive Medical Rehabilitation Program that has received two 3 year certifications with numerous commendations from CARF. Developed and implemented a Sub-Acute Pulmonary Reconditioning Program focusing on ventilator weaning and rehabilitation that was staffed by 24-hour respiratory therapy. Implemented a comprehensive Wound Management Program. Developed a cost-effective Nursing Rehabilitation Program, which received an exemplary commendation from CARF. Maintained JCAHO Accreditation in the facility for over six years Broadview Multi-Care Center Parma, Ohio External Case Manager/Public Relations Responsible for managed care contracting and maintenance of contracts. Development of relationships in the professional and public communities Healthsource-Provident Administrators Inc, Cleveland, Ohio Case Manager Coordinator of cost effective quality care for employees of assigned accounts nationwide. Presentation of savings and cost-benefit analysis to accounts on quarterly and yearly basis Lutheran Medical Center Cleveland, Ohio Staff Nurse-Orthopedic Surgery Worked exclusively for Horizon Orthopedics. Scrub and Circulation Nurse working extensively in Sports Medicine, Reconstructive Joint and Reconstructive Spine Procedures. Involved in FDA clinical trials and use of investigational products and procedures.
16 Participated in International teaching seminars, departmental committees, staff education and orientation EMH Regional Medical Center Elyria, Ohio Staff Nurse Operating Room Staff Nurse - Medical Oncology Floor EDUCATION Baldwin Wallace College Berea, Ohio Received Bachelor of Arts Degree with focus in Business Administration Program Lorain County Community College Elyria, Ohio 1981 MB Johnson School of Nursing Elyria, Ohio Diploma Nurse Graduate Certifications/Honors / Awards AANAC Certified MDS Nurse Assessment Coordinator 1996 Biography published in Marquis Who Who in American Nursing, 6 th Edition 1980 First recipient of Chauncy Smyth Memorial Scholarship National speaker on topics of Part B Utilization, Electronic Medical Records Implementation and Employee Retention References Presented upon request
17 Michael Cook Partner Co-Leader, Health Law Practice Group Office: (202) Facsimile: (202) Practice Concentration and Experience: Michael Cook has more than 38 years experience representing a wide variety of health care related clients in regulatory, compliance, reimbursement and business matters. This experience includes managing the health care practices in the Washington, DC offices of several large national law firms. Additionally, Michael began his career representing the Federal regulators of the Medicare and Medicaid programs as an attorney with the Office of General Counsel of the United States Department of Health and Human Services often on significant matters of the highest profile and sensitivity, and during his tenure at the Department, as a Special United States Attorney for the Northern District of Illinois. He has extensive experience representing clients before the U.S. Department of Health and Human Services and numerous State agencies. Michael has represented clients in such areas as reimbursement counseling and disputes under the Medicare and Medicaid programs, audits, litigation, fraud and abuse counseling, investigations and compliance issues (including development of compliance programs), network development and managed care contracting for post acute entities, preparation of comments and negotiations on significant rulemaking actions, serving as regulatory counsel in complex and significant transactions and acquisitions, crisis management situations, survey and enforcement, licensing and certificate of need, quality improvement, patient care, and privacy issues, and a wide variety of other types of difficult regulatory, operational, and reimbursement matters. He has also supervised matters in a wide variety of other areas for health care related clients. Michael has a significant familiarity with the recently enacted health reform legislation. He has advised candidates for public office on its progress and clients on the law and its implications. Additionally, he has presented to groups and has authored an article on the Independent Payment Advisory Board that was published in the October 2010 issue of the American Health Lawyer Association Journal of Health and Life Sciences Law. Mr. Cook also
18 served on a work group of the Health Reform Commission for a former Governor of Virginia and as a co-chair of a subgroup of his Health Care Transition Team. Michael has been included in numerous editions of Who s Who in American Law and Who s Who in America. He has been selected by McKnight s Long-Term Care News as one of the 100 most influential people in long-term care. He has also received the highest possible rating from Martindale-Hubbell. Michael has been a guest lecturer at the American University School of Law and adjunct faculty for an executive course at the Erickson School of Aging Studies of the University of Maryland, Baltimore County. Michael also served on the faculty for Aspen Systems, Inc., for a course on integrating long-term care into the hospital setting. In addition, Michael has lectured extensively to a variety of industry groups, such as the American Health Lawyers Association, the Healthcare Financial Management Association, the American Health Care Association, the American Association of Homes and Services for the Aging, the National Subacute Care Association, the Assisted Living Federation of America, the American Hospital Association, the American College of Health Care Administrators, the American Medical Directors Association, and the National Association for the Support of Long Term Care, addressing topics such as: internal investigations fraud and abuse and compliance programs health care reform including delivery system reform and the Independent Payment Advisory Board hospice subacute care RAC audits the Medicare Part D program managed care contracting for nursing facilities complying with the privacy rules and implementing HIPAA requirements to protect health information integrating post-acute services in the continuum of care contracts and other joint ventures between hospitals and long-term care companies integrated networks and managed care contracting for post-acute services institutional reimbursement disputes under the Medicaid program discrimination by payer source in access to long-term care services diversification for health care providers survey, certification, and licensing disputes the Nursing Home Reform provisions of the Omnibus Budget Reconciliation Act of 1987 Medicare routine-cost limits regulatory issues for assisted living facilities
19 Michael has contributed articles on significant issues to leading medical industry trade publications. He currently serves on the Editorial Board of the Journal of Health and Life Science Law, a publication of the American Health Lawyers Association. Representative Matters: Counsel to hospital on major issues of Medicaid audits similar to Medicare RAC audits Successful resolution of Medicare dispute for LTACH with payment impact of in excess of $1 million Regulatory counsel for private equity group in $370 million acquisition of assisted living facilities Numerous Medicare reimbursement disputes and audits, including a recovery for a major publicly traded company of in excess of $2 million in a Medicare payment dispute over home health care services, and settlements resulting in excess of $1-2 million for a variety of disputes under the Medicare routine cost limits for skilled nursing facilities Represented landlord, debtor, and creditors committee on Medicare and Medicaid regulatory issues in various health care provider bankruptcies Special counsel for the acquirers of a chain of nursing facilities for over $1 billion Obtained retroactive adjustment to the wage index for a group of hospitals through Medicare IPPS rulemaking press Regulatory counsel in a $260 million acquisition of group homes and ICF/MRS located in numerous states Regulatory counsel for $500 million acquisition of assisted and independent living properties Counsel or special counsel to companies in investigations involving the provision of home health services, nursing facilities, and DSH funding Negotiated exemption of transferred nursing facilities from corporate integrity agreement Assisted in the development of corporate compliance programs for two chains of nursing facilities Assisted publicly traded company in the business of senior housing, CCRCs, and assisted living in complying with HIPAA privacy requirements Counsel in numerous licensing, survey, and certification disputes and issues in numerous states and federal regions for nursing facilities, hospice programs, and assisted living facilities Counsel in numerous Medicaid payment disputes and audits in a variety of states, including disputes under the former Boren Amendment Successful legislative relief exempting county health care and hospital complex from classification as an institution for mental diseases Represented skilled nursing facility in audit of therapy services by the Office of the Inspector General Involved in the development of one of the first skilled nursing facilities in the country to deliver care to ventilator-dependent residents under the Medicaid program, including the development of special enhanced payment rates Significant involvement in sub-acute care issues including the development of special payment rates, bed reserve agreements, coverage, network formation, and managed care contracting
20 Community Service & Affiliations: Michael has served as a member of the Assisted Living Federation of America s President s Council and Legal Task Force and of the Products Committee for the National Association for the Support of Long Term Care. Michael has also served on a variety of task forces for trade associations, including the Healthcare Financial Management Association s Advisory Task Force on Long Term Care, the Professional Certification Committee of the American College of Health Care Administration, the Assisted Living Federation of America s Managed Care and Public Policy Task Forces, and the Reimbursement Committees of the National Subacute Care Association and of the National Association for the Support of Long Term Care. Additionally, Michael served as a member of a task force of the American Health Care Association that monitored the degree to which states complied with requirements that they fund the costs that nursing facilities incurred in complying with nursing-home reform under Medicaid. Michael currently serves on the Advisory Board of the Center for Public Service and Scholarship at Shenandoah University, and is a member of the Board of Directors for the Northern Virginia Democratic Business Council and of the Executive Committee of the Taylor Run Citizens Association in Alexandria, Virginia. Education: Villanova University School of Law, Philadelphia, Pennsylvania (J.D., 1973) Temple University, Philadelphia, Pennsylvania (B.A. cum laude, 1969) Professional Affiliations: District of Columbia Bar Association American Health Lawyers Association Pennsylvania Bar Association American Bar Association Admissions: Admitted to Practice in the District of Columbia & Pennsylvania
21 TARA COPE Associate General Counsel Tara Cope provides legal assistance, advice and counsel to all disciplines within the operating communities, development team, and corporate departments. Key Contributions to Vi Living (formerly Classic Residence by Hyatt) Since joining the company in Dec. 2004, Ms. Cope has provided legal oversight of operating communities and new developments. She has managed the licensing and pre-opening regulatory requirements for new communities and community expansions including continuing care provider permits, assisted living licenses, skilled nursing licenses, Medicare enrollment, and liquor licensing. For new and operating communities, Ms. Cope also works closely with the resident care and operations teams to develop operations and compliance policies and to address resident issues. Additionally, she reviews and drafts residency contracts and works with state regulators to obtain review and approval of these contracts. In this position, she also and provides legal representation for the company's development, sales, marketing, operations, human resources, finance and accounting, and resident care departments. Previous Work Experience Education BA, Economics, University of Missouri 1993 J.D., Duke University School of Law 1996 L.L.M., International and Comparative Law, Duke University School of Law 1996 Licenses Admitted to practice law in Illinois Prior to joining Classic Residence by Hyatt, Ms. Cope was an attorney with the law firm DLA Piper US LLP, a large, full service law firm. She joined the firm in 1996 and practiced in the firm s corporate department until joining Classic Residence by Hyatt in In her corporate practice, Ms. Cope handled all aspects of small and mid-market mergers and acquisitions transactions. In her franchise and distribution practice Ms. Cope served as a primary outside counsel for companies distribution systems in the U.S. and abroad. Ms. Cope counseled clients on everyday regulatory compliance and other areas of law which impact distribution activities, such as intellectual property, technology, labor and employment, corporate governance and dispute resolution.
22 Curriculum Vitae of William A. Dombi William A. Dombi Vice President for Law National Association for Home Care Director, Center for Health Care Law 228 7th Street, S.E. Washington, D.C (202) (202) fax Education: Bachelor of Arts, Political Science, University of Connecticut, 1974 Juris Doctor, cum laude, University of Connecticut, 1978 Present Positions: Vice President for Law, National Association for Home Care & Hospice (NAHC) Director, Center for Health Care Law (CHCL) Executive Director, Home Care and Hospice Financial Managers Association (HHFMA) Bill Dombi specializes in legal, legislative, and regulatory advocacy on behalf of patients and providers of home health and hospice care. With over 30 years of experience in health care law and policy, Bill Dombi has been involved in virtually all legislative and regulatory efforts affecting home care and hospice since 1975, including the expansion of the Medicare home health benefit in 1980, the formation of the hospice benefit in 1983, the institution on Medicare PPS for home health in 2000, and the massive health care reform legislation in With litigation, Dombi was lead counsel in the landmark lawsuit that reformed the Medicare home health services benefit, challenges to HMO home care cutbacks for high-tech home care patients, lawsuits against Medicaid programs for inadequate payment rates, a nationwide class action against then-hcfa for its failure to enforce the federal HMO Act, litigation directed against the "Interim Payment System" for the Medicare home health benefit, and a lawsuit addressing the so-called Medicare case mix creep adjustments in In addition to litigation, Bill offers extensive community and professional educational services through lectures, publications, teleconferences, and videos. He is the Editor and lead author
23 of Home Care & Hospice Law: A Handbook for Executives, the only comprehensive legal treatise on the topic. His lectures include market trends in home care, compliance risk management, patient rights, fraud and abuse, health care reimbursement, legislative and regulatory reforms, and legal issues in telehealth services. Bill Dombi is admitted to practice in Connecticut and Washington, DC. He is also admitted to numerous federal courts including, the US Supreme Court and several Court of Appeals. He serves on the Advisory Board for BNA s Health Law Report and Medicare Report. Bill also is a longstanding member of the American Health Lawyers Association and the American Bar Association.
24 Susan Dominick Doughton Susan Dominick Doughton is a shareholder in the Birmingham, Alabama law firm of Dominick, Feld, Hyde, P.C. She has practiced health care law since 1977l. Ms. Doughton s practice of law focuses on health care law, including representing health care systems, hospitals, physician practice groups, nursing homes, assisted living facilities and related health care providers. She has been listed in Best Lawyers (Copyright 2011 by Woodward/Wright, Inc., of Aiken, S.C.) in Health Care continuously since 1993 and was named 2010 Lawyer of the Year for Health Care Law in Birmingham. She is a member of the Alabama Bar Association, American Bar Association-Health Law Section and the American Health Lawyers Association. She graduated summa cum laude from Birmingham-Southern College in 1974 and from Vanderbilt Law School in 1977 where she was Order of the Coif served on the Vanderbilt Law Review. Page 1 of 1 N:\PROGRAMS\ \LTC\PAPERS\BIOS\DOUGHTON_BIO.DOC
25 Susan A. Edwards, Associate Tel: (Washington, D.C.) Tel: (Philadelphia) Susan is an associate in the Life Sciences Health Industry Group, practicing in the area of health care regulatory law. She routinely works with a variety of health industry clients, including health care providers, medical device manufacturers, and pharmaceutical companies. Her practice includes a broad range of complex regulatory, litigation, corporate, and contractual matters. Susan has assisted clients with compliance with fraud and abuse laws, compliance with Medicare and Medicaid rules and regulations, and health care licensing issues. Publications Analysis and Overview of the Medicare Shared Savings Program for Accountable Care Organizations, Reed Smith Life Sciences Health Industry Alert (December 1, 2011) Pros And Cons Of A CMS FDA Parallel Review Program, Law 360 (October 21, 2011) Prospects Unclear for CMS/FDA Proposed Parallel Review of Medical Products, Reed Smith Life Sciences Health Industry Alert (August 2, 2011) Summary and Analysis of Medicare s Shared Savings Program for Accountable Care Organizations, Reed Smith Life Sciences Health Industry Alert (April 21, 2011) Speeches / Presentations ʺ Navigating the Medicare Shared Savings Program: Discussion and Analysis of Medicare s Accountable Care Organization Model,ʺ Reed Smith Teleseminar (December 7, 2011) Life Sciences Transactions: FDA Regulatory Review, Reed Smith University Program (November 1, 2011)
26 Experience 2011 Reed Smith 2010 Philadelphia District Attorneyʹs Office Law Clerk, Family Violence & Sexual Assault Unit (August 2010 December 2010) 2010 Charlottesville Commonwealth Attorneyʹs Office Clinic Student (August 2009 May 2010) 2009 Reed Smith Summer Associate 2008 United States Attorneyʹs Office (Washington, D.C.) Law Clerk, Civil Division (June August 2008) 2005 Office of Senator Charles E. Schumer Legislative Aide and Legislative Correspondent (October 2005 August 2007) 2004 AcademyHealth Research Assistant (July 2004 October 2005) Legal Education 2010 J.D., University of Virginia School of Law Public Interest Law Association, President ( ) and Fundraising Director ( ) Raven Society, Member Virginia Tax Review, Editorial Board Member ( ) Undergraduate Education 2004 A.B., with honors, Dartmouth College, Sociology, minor in Public Policy & Health Professional Admissions / Qualifications Virginia
27 Janet K. Feldkamp Benesch Attorneys at Law Page 1 of 1 12/29/2011 Janet K. Feldkamp Partner Ms. Feldkamp focuses her practice in the area of health care law, including long-term care survey and certification, state and federal regulation, physician and nurse practice, and fraud and abuse involving hospitals, suppliers, insurers and physicians. She retains active licenses as a registered nurse and a nursing home administrator and has extensive health care experience. Ms. Feldkamp is a member of the editorial advisory board of Caring for the Ages, a monthly newspaper for long term care practitioners. She has been a frequent speaker on health law related topics, particularly in the area of long term care and is the coauthor of The Law of Medical Practice in Ohio, Second Edition. Ms. Feldkamp is also a co-author of The Long Term Care Handbook: Regulatory, Operational and Financial Guideposts published by the American Health Lawyers Association. MEMBERSHIPS/AFFILIATIONS T: F: Assistant Contact Lesa Vitale Columbus 41 South High Street, Suite 2600 Columbus, OH US PRACTICE GROUPS AND FOCUS AREAS Health Care Long Term Care Not-For-Profit and Tax Exemption Bankruptcy/Reorganization Physicians Administrative and Regulatory Corporate Compliance & Regulatory Enforcement Corporate Compliance Forums Regulatory Enforcement/Advocacy Not-for-Profit Health Care Past President, The American Association of Nurse Attorneys Member, American Health Lawyers Association Member, American College of Health Care Administrators National Editorial Advisory Committee Member, American Association of Nurse Executives Member, Sigma Theta Tau, National Nursing Honor Society Certified in Health Care Compliance, Health Care Compliance Certification Board OTHER DISTINCTIONS Listed, The Best Lawyers in America 2012 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC) Listed, Ohio Super Lawyers Recipient, 2008 The American Association of Nurse Attorneys (TAANA) Cynthia Northrop Distinguished Service Award EDUCATION Saint Louis University School of Law, 1990, J.D. cum laude University of Missouri - Columbia, 1978, B.S., Nursing magna cum laude COURT AND BAR ADMISSIONS/ASSOCIATIONS Member, American Bar Association Member, Columbus Bar Association Member, Ohio State Bar Association Past President, The American Association of Nurse Attorneys Member, American Health Lawyers Association Member, American College of Health Care Administrators National Editorial Advisory Committee Member, American Association of Nurse Executives Member, Sigma Theta Tau, National Nursing Honor Society Certified in Health Care Compliance, Health Care Compliance Certification Board
28 R E S U M E DIANE E. FELIX Partner Armstrong Teasdale LLP 7700 Forsyth Blvd., Suite 1800 St. Louis, Missouri Direct: Fax: LAW PRACTICE Ms. Felix joined the St. Louis office of Armstrong Teasdale, LLP in 1986, and became a partner in While with the firm, her practice has focused on the representation of healthcare providers in regulatory and business matters, with the majority of her work involving acute- and post-acute-care providers, and continuing care retirement communities. Her representation of providers has included Medicaid and Medicare reimbursement matters, licensure and certification issues, Certificate of Need matters, HIPAA-related issues, preparation and negotiation of contracts, operational questions, and business disputes. Ms. Felix has represented institutional and individual providers in informal dispute resolution proceedings, state administrative hearings, licensing board proceedings, federal Departmental Appeals Board appeals, and has worked closely with Armstrong Teasdale litigators in actions filed on behalf of clients in federal and state courts. SIGNIFICANT ACCOMPLISHMENTS Listed in The Best Lawyers in America since 1991 for Health Care Law. Counseled numerous providers, including skilled nursing facilities and hospitals, in potential Medicare "fast-track" decertifications. Represented two long-term acute care hospitals in successfully challenging threatened Medicare/Medicaid terminations. Representing Missouri s Nursing Facility Agent Corporation, which was established in 1995 to help balance the overall tax liability and reduce potential losses for Missouri nursing facilities under Missouri s provider tax program. Represented an acute-care hospital in obtaining Certificate of Need approval for construction of a new 250-bed hospital. Successfully represented providers before the Departmental Appeals Board Civil Remedies Division. Obtained a decision holding that an occurrence of abuse is not a per se violation of the resident s right to be free of abuse. Oakwood Manor Nursing Ctr., DAB CR818 (2001). Represented a Medicare skilled nursing facility in a federal False Claims Act investigation based on "quality of care" issues; successfully avoided criminal prosecution and obtained favorable settlement of civil case.
29 BACKGROUND Prior to joining Armstrong Teasdale in 1986, Ms. Felix served for nine years as an attorney with Missouri state government. During a two-year period on the staff of the Missouri House of Representatives, she was extensively involved in the drafting of Missouri s Omnibus Nursing Home Act of While employed as an attorney by the Missouri Department of Social Services ( ), she represented the agency in matters involving Medicaid reimbursement, institutional and professional licenses, and services for the elderly and handicapped. She served for six months ( ) as acting director of the Missouri Division of Aging. In 1999, Ms. Felix served as an Adjunct Assistant Professor for Saint Louis University School of Law. EDUCATION: Washington University School of Law, (J.D., 1977) Purdue University, (B.A. in Political Science, 1974) ADMITTED TO BAR: Missouri, 1977 PROFESSIONAL ACTIVITIES: The Missouri Bar (Health and Hospital Law and Administrative Law Committees) American Health Lawyers Association Missouri Health Care Association, Associate Member Leading Age, Attorney Member Missouri Society of Health Care Attorneys, Board Member CIVIC & CHARITABLE ACTIVITIES: St. Louis Alzheimer's Association (Public Policy Committee, 1999-present) Institutional Review Board for the University of Missouri-St. Louis (Human Subjects Committee - Public Member, ). Recipient in 1999 of University of Missouri St. Louis Distinguished Service Award. 2
30 BIOGRAPHICAL DATA FORM INSTRUCTIONS: Please complete all information directly on this form. Name and Degree/Initials: Lynn K. Fieldhouse, Esq Complete Work Address: Bluegrass Parkway Louisville, KY (502) Present Position (employer, title and description): Signature Consulting Services, LLC & Affiliates Associate General Counsel, Litigation (Aug to present) Manages litigation for 75 long-term care facilities and all other Signature entities; develops and presents education on litigation prevention, protocol, and systems; when feasible, internally handles litigation matters; fields day to day questions and issues from facilities and internal departments on various legal topics. Lynn joined Signature after 12 years of private litigation practice. Education (include basic preparation through highest degree held): Degree Institution Major Area of Study Year Degree Awarded (Name, City, State) 1. JD University of Louisville, Louisville, KY Law 1998, cum laude 2. BS Bellarmine College, Louisville, KY Biology 1993 Outside Speaking Engagements: Labor and Employment Advanced Symposium (LEAP), San Diego, CA (2010), Washington, DC (2009) Kentucky s Workers Compensation Seminar: FMLA, ADA, and Work Comp Triangle, Louisville, KY (2010, 2009) Louisville Bar Association / In-House Counsel Section, Alternative Billing Arrangements (2009), Louisville, KY Louisville Bar Association Leadership Academy, Louisville, KY (2010, 2009), a full day symposium with CLE credits for lawyers
31 Eliot Fishman Eliot Fishman, Ph.D., brings both private sector and public sector executive management experience and a record of innovative thinking in healthcare policy and delivery. He was appointed the Director of the Office of Policy in the New Jersey Department of Health and Senior Services in the summer of Prior to this appointment he was a Vice President at Metropolitan Jewish Health System, a large integrated health system with a focus on care of the elderly and chronically ill in New York City; a Senior Analyst in the New York office of Manatt, Phelps; and a Senior Policy Analyst at the Mount Sinai School of Medicine. Eliot has worked primarily on issues related to long term care, Medicaid, health information technology, and quality of care. He has published in Health Affairs, the Century Fund/Brookings Institution, and the Washington Post, among other publications. His areas of expertise include long term care and systems development for people with disabilities, Medicaid and Medicare demonstrations, Medicaid eligibility streamlining, and health information technology. Eliot received his Bachelor of Arts from Harvard College and his Ph.D. in Political Science from Yale University. He is based in HMA s New York City office.
32 Gavin J. Gadberry Underwood Law Firm, P.C. Gavin J. Gadberry is a Shareholder in the Amarillo law firm of Underwood Law Firm, P.C. Mr. Gadberry received his undergraduate degree from Northwestern Oklahoma State University (B.S., Business Administration/Mass Communications, 1986) and his law degree from the University of Oklahoma (J.D. 1989). He served as chair of the American Health Care Association s Legal Subcommittee from 2002 through He currently serves as general counsel of and issue lobbyist for the Texas Health Care Association. Mr. Gadberry has been a speaker on numerous occasions at American Health Lawyers Association s Annual Long Term Care and the Law Seminar. Mr. Gadberry s primary areas of practice are government relations, long term care and healthcare law, administrative and regulatory law and general civil litigation.
33 Joel S. Goldman Partner Joel represents of a wide array of developers, owners and operators of senior care communities, including, assisted living, continuing care and congregate senior communities. He focuses on operational, licensure and regulatory issues, resident issues and risk management issues. In addition, he has significant experience with disability discrimination issues under the Americans with Disabilities Act (ADA) and Fair Housing Act. Joel has been a noted presenter at numerous conferences and seminars throughout the United States for senior care industry associations, legal organizations and university academic programs. Joel's practical approach to issues and vast experience with senior care communities also make him a popular presenter at in-house training programs for multi-facility providers. San Francisco 425 Market Street, 26th Floor San Francisco, CA Direct Phone Fax Firm Leadership Health Care Section Head Representative Work Silverado Senior Living. Served as lead regulatory counsel in transaction with Health Care REIT involving the sale of 20 dementia care communities as well as hospice and home health entities in four states. Emeritus Senior Living. Assisted client in developing standardized admission agreements for assisted living, memory care, independent living and skilled nursing communities throughout the United States and assisted client in transitioning 9 multi-level retirement communities into licensed continuing care retirement communities. Practices/Industries Senior Housing and Care Health Care Atria Senior Living. Led team that prepared comprehensive analysis of impact of health reform on Atria as a national assisted living operator and assisted client with relicensing 25 assisted living communities in California in connection with Atria s transaction with Ventas. Successfully assisted multiple clients in appealing RCFE licensing deficiencies with the California Department of Social Services Successfully resolved multiple license revocation actions against RCFEs resulting in limited probationary status Publications Hanson Bridgett LLP
34 Joel S. Goldman Partner Medications in RCFEs California Assisted Living Association Bulletin (Spring 2011) Just the Facts, Ma'am: Realistic Expectations for Current and Future Residents California Assisted Living Association Bulletin (Winter 2011) "Medicinal Marijuana in Senior Living: Complying at the Community Level," Assisted Living Executive ALFA (May 2010) Preventing Scams Aimed At Elders California Assisted Living Association Bulletin (September 2009) "High" Levels of Care: Medical Marijuana In RCFES California Assisted Living Association Bulletin (May 2009) Handling Suspicious Behavior California Assisted Living Association Bulletin (October 2009) "Special Issue Brief: Pre-dispute Arbitration Agreements," American Seniors Housing Association (Summer 2009) Moldy Green Oranges, California Assisted Living Association Bulletin (August 2008) Locking Rooms of Memory Care Clients California Assisted Living Association Bulletin (December 2008) Arbitration Agreements California Assisted Living Association Bulletin (November 2008) "Special Issue Brief: Resident Eviction Managing the Challenges," American Seniors Housing Association (Summer 2007) "Substitute Decision-Making: A Guide for Assisted Living Providers," contributing author, Assisted Living Federation of America Special Report (June 2005) "Legal Implications of Marketing Materials for Seniors Communities," Senior HousingNet (February 2005) "Dealing with Problem Family Members," ALFA News (April 2004) "How to Host a State Regulator," Contemporary Long Term Care (September 2000) Honors & Awards Northern California Super Lawyers (2011) Hanson Bridgett LLP
35 Joel S. Goldman Partner Chambers USA Professional Affiliations Bar Association of San Francisco Lawyers' Club of San Francisco California Assisted Living Association (CALA), Board of Directors National Association for Senior Living Industry Executives (NASLIE), Former Board of Directors Assisted Living Federation of America (ALFA), Legal Committee American Seniors Housing Association Education J.D., Order of the Coif, University of California, Berkeley Boalt Hall School of Law (1980) B.A., Order of the Coif, Hampshire College (1976) Admissions and Courts California Hanson Bridgett LLP
36 BETTY L. GORDON RN, BSN, MPH Principal Graduate: Memberships: Experience: Johns Hopkins University School of Hygiene and Public Health, M.P.H. in Health Services Administration Russell Sage College, B.S. National Association for Home Care Home & Health Care Association of Massachusetts American Nurses Association Oncology Nurses Association American Public Health Association Sigma Theta Tau Nursing Society Who's Who in America Who's Who in Female Executives Who's Who in Nursing Progressive home care experience since Expertise in home health and community-based alternative care with diversified management experience in public, non-profit, proprietary health care, social agencies and consulting. Previous home care positions and duties include: Position: Principal Leading National Home Operational Consulting Division Care Consulting Firm Duties: Provide direction and leadership to all consulting staff. Assign staff to appropriate engagements based on complexity of engagement and consultants experience and expertise. Provision of on-site consulting and senior leadership of consulting team if more than single consultant. Client development including proposal generation, marketing calls, attendance at trade shows, etc. Public Speaking. Position: Senior Vice President National Proprietary Clinical Services Home Care Chain Duties: Developed corporate policies and procedures relating to the provision and delivery of home care services. Set quality assurance monitoring standards, including education tools for field staff and related licensure, Medicare certification, and accreditation activities. Strategic planning for new program development and implementation. Managed and implemented the development of Administrative manuals utilized both by Corporate and the field. Executed operational due diligence surveys for corporate acquisitions Spokesperson for the Company on service delivery issues in Marketing Presentations. Position: Project Site Director, Long-term Care Demonstration Project Duties: Planned, developed, and implemented federally-funded experimental research project investigating the coordination of community-based care for frail elderly. Developed budget; recruited and supervised clinical staff. Helped reshape state and local policy on present and future programs for community-based delivery of services to the elderly, working with public and private agencies.
37 RESUME (Continued) BETTY L. GORDON RN, BSN, MPH Position: Director of Patient Care Services, Non-Profit Hospice Duties: Launched organization providing palliative and supportive service to terminally ill patients and their families in a home setting. Fund raising, grant writing, patient assessments, and community relations. Position: Coordinator for Home Health, Public Agency Duties: Responsible for total management of Home Health Department within a County Department of Human Resources. Position: Continuing Care Nurse, Acute Care Hospital Duties: Facilitated appropriate discharge plans for inpatients including home care plans, transfers to nursing homes, and chronic or rehab hospitals. Author: Lecturer: Professional Registration: "Automating a Clinical Management System," Caring, June, 1990, Co-Author with Dick Braun. "Assessing Pre-Employment Home Care Skills," Caring, July, 1986, Co-Author with Ann Spanier. "Finding a Way Out of the Data Collection Maze," Outcomes Measurement for Home Care Providers presented by the Institute for International Research, Healthcare Division, 1995 and Home & Health Care Association of Massachusetts, Inc. Spring Conference and Trade Show, "Automating a Clinical Management System," National Symposiums on Home Health Care, University of Michigan, 1989."Assessing Pre-Employment Home Care "Use of Home Care for Oncology Patients," Oncology Association, "Hospice Care," Colorado Nurse Association, Registered Nurse Skills," N
38 Paul A. Gordon Partner Paul has been working with seniors housing and care providers since He is the author of the book Seniors' Housing and Care Facilities: Development, Business and Operations (Urban Land Institute, 1998). He has been called the "godfather of senior housing" by the Chambers USA legal directory. Paul's entire practice is devoted to representation of senior housing and long-term care providers and related organizations. He has litigated in federal and state courts, including court and jury trials and appellate work in the California Supreme Court and Courts of Appeal and the U.S. Court of Appeal for the Ninth Circuit. He has also served as an expert witness on senior care communities in federal and state courts. He has been instrumental in drafting state and model national continuing care and assisted living facility legislation, as well as an accreditation system being developed in China. In 2010, the U.S. General Accountability Office consulted with him in preparation of its report to the Senate on Continuing Care Retirement Communities. Paul is a highly sought-after speaker with an international reputation. He has addressed audiences at conferences sponsored by the Urban Land Institute, Harvard University, Boston University, China Real Estate Chamber of Commerce, Sun-Yat Sen University in Guangzhou, China, the American Bar Association, The Canada Forum, the World Research Group, the American Seniors Housing Association, LeadingAge, the National Investment Center, the American Society on Aging, the American Health Care Association, the National Real Estate Development Center, AIC Conferences, Ernst & Young, Coopers & Lybrand, Laventhol & Horwath, the Practising Law Institute, the National Academy of Elder Law Attorneys, and the American Health Lawyers Association. San Francisco 425 Market Street, 26th Floor San Francisco, CA Direct Phone Fax Firm Leadership Senior Housing and Care, chair Practices/Industries Senior Housing and Care Health Care Health Care Litigation Real Estate Paul has written or consulted on articles on retirement community development and operations published in The New York Times, The Wall Street Journal, Consumer Reports, Urban Land magazine, the National Real Estate Investor, Provider magazine, Contemporary Long-Term Care, Multi Housing News, The Practical Real Estate Lawyer, and Retirement Housing Report. Hanson Bridgett LLP
39 Paul A. Gordon Partner Representative Work Americans Senior Housing Association (ASHA). Paul serves as General Counsel to the American Seniors Housing Association and is on their Executive Board. China Real Estate Chamber of Commerce. Assists with development of accreditation standards for senior living facilities in China. The Episcopal Home Communities. Sale, leaseback, management agreements and regulatory approvals for a continuing care campus. Regulatory approvals in connection with a major debt restructuring for a senior living campus Corporate reorganizations for multiple clients Publications "Inspector General Rules CCRC Referral Fees Do Not Violate Anti- Kickback Laws," American Seniors Housing Association Legislative Update (June 2010) "Fair Housing Compliance Guide: Charting the Way, 4th ed.," American Seniors Housing Association (2009) "Medical Expense Deductions for Assisted Living Fees," California Assisted Living Association Bulletin (February 2009) "The Development, Operation, and Regulation of Continuing Care Retirement Communities," American Health Lawyers Association (2009) "Seniors Housing and Care Facilities: Development, Business and Operations," 3rd ed., Urban Land Institute (1998) "Key Tax Benefits for Seniors Housing Residents," American Seniors Housing Association Special Issue Brief (Summer 2008) "The Impact of Landlord Tenant Laws on Community Fees," American Seniors Housing Association Special Issue Brief (Spring 2007) "Condominiums With Services: A Growing Trend," American Seniors Housing Association, Seniors Housing Legal Notes (Fall 2005) Hanson Bridgett LLP
40 Paul A. Gordon Partner "Defibrillator Use in Seniors Housing," American Seniors Housing Association, Seniors Housing Legal Notes (June 2005) Honors & Awards Northern California Super Lawyers (2006, ) Professional Affiliations Bar Association of San Francisco, Former Board of Directors American Bar Association, Former Chair, Housing for the Elderly Committee, Real Property Division Aging Services of California American and California Assisted Living Facility Associations LeadingAge, Former Chair, Legal Committee American Seniors Housing Association, General Counsel and Executive Board Education J.D., cum laude, University of San Francisco School of Law (1975) B.A., cum laude, University of California, Davis (1972) Admissions and Courts California California Supreme Court U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the Northern District of California Hanson Bridgett LLP
41 Marsha R. Greenfield Vice-President, Legislative Affairs LeadingAge (formerly AAHSA) Washington, DC Marsha Greenfield is Vice-President, Legislative Affairs, for LeadingAge (formerly AAHSA, the American Association of Homes and Services for the Aging). She represents LeadingAge on all health care issues, including financing reform, Medicare and Medicaid, patient safety, elder abuse, and medical liability reform, technology, and issues concerning not for profit status and taxation. Previously, she served as senior attorney in the advocacy division, where she handled issues involving not-for-profit status, professional liability and insurance, alternative dispute resolution, patient safety, disability law, fair housing, and continuing care and assisted living. She has served as LeadingAge s liaison to the Department of Justice, the Office of Inspector General at HHS, and outside groups involved in elder justice, consumer and other issues. Marsha joined AAHSA in 1998, and has been chief health care lobbyist since Marsha is a regular presenter at educational and business meetings conducted by LeadingAge and its state affiliates. She also has been an invited presenter at the National Patient Safety Foundation Congress and several Long Term Care Conferences of the American Health Lawyers Association. Marsha was a civil litigator for over 15 years. Prior to joining LeadingAge/AAHSA, she served as founding executive director of a consumer organization for family members and residents of assisted living communities. In this capacity she testified before the Institute of Medicine on quality in long term care. She has also directed research studies for jury selection in high-publicity criminal and civil cases, and served as Executive Director of the Task Forces on Racial, Ethnic and Gender Bias in the District of Columbia Courts. Marsha received her A. B. from Vassar College (1970) and her J.D. from Rutgers Law School, Newark, N.J. (1973). She is admitted to practice in New York (1974) and Maryland (1989).
42 Val J. Halamandaris President of the National Association for Home Care & Hospice Val Halamandaris is founder and president of NAHC and the preeminent voice of home care and hospice. For 29 years, he has led NAHC to become one of the country's most respected associations. Under his guidance, NAHC has broadened support for home health in the halls of Congress and in homes around the U.S. About 20 percent of the public knew about home care and hospice when he founded NAHC. Today over 90 percent know about home care and hospice and support their expansion. Numbers like these speak for themselves and show the progress the industry has made. There were about 3,000 home care agencies in 1982 when NAHC began. Today, there are 33,000. Similarly, the number of hospice programs has grown from 59 to 5,000. About 100,000 people worked in home care in Today, there are more than two million. Some 1.3 million people received home care services in Today, more than 12 million people receive medical and non-medical services at home. Each of these gains brings us closer to winning what Val calls "the last great civil rights battle." It's the fight he has long waged to ensure that the aged, disabled, and ill can receive care in their homes. Ever since his youth in Utah, he has agreed with former Vice President Hubert Humphrey that "the moral test of good government is how it treats those who are in the dawn of life, the children; those who are in the twilight of life, the aged; and those who are in the shadows of life, the sick, the needy, and the handicapped." He acted on this thought after earning a degree from Catholic University Law School in Washington, DC. Over the next 20 years, he served as counsel to both the U.S. Senate Special Committee on Aging and the U.S. House Committee on Aging, where his achievements were vast. He helped write legislation that created Medicare and Medicaid, including the Medicare home care and hospice benefits; federal minimum standards for nursing homes; state Medicaid fraud units; and the Office of the Inspector General in the Department of Health &Human Services. Since coming to NAHC, he has founded the Caring Institute, the Frederick Douglass Museum, the Foundation for Hospice and Homecare, the Private Duty Homecare Association, and the Home Care and Hospice Financial Managers Association. Most recently he founded the Home Care Technology Association of America, which looks to the future as does Val. He has been featured in The Visionaries, a TV series hosted by acclaimed actor Sam Waterston. He has appeared numerous times in Modern Healthcare magazine's "100 Most Powerful People in Health Care." His work has been featured on 60 Minutes and 20/20. It has earned praise in publications such as the Washington Post, Newsweek, and Time. And as a keynote speaker, he made a persuasive case to the National Governors Association in After hearing him, the governors resolved that long-term care is the greatest problem facing the United States and home care is the best solution.
43 Biographical Statement Anne Hall Anne Hall is the Chief Counsel for Region IX (San Francisco) with the Office of the General Counsel (OGC), United States Department of Health and Human Services. She was appointed to this position in September Ms. Hall manages the work of a legal office of over twenty attorneys plus administrative support staff who provide legal advice, representation, and litigation support to HHS officials located in the Western Pacific states of Arizona, California, Hawaii, and Nevada, as well as in Guam, American Samoa, and the United States affiliated Pacific territories. The attorneys in Region IX work on the full range of the Department's programs, including Medicare and Medicaid, bankruptcy, Head Start, TANF, Indian Health Service, civil rights, ethics, personnel, contracts, HIPAA, privacy and information law, public health emergency preparedness, health information technology, and health law. In her role as Chief Counsel, Ms. Hall is accountable for a large and varied litigation caseload in federal district and appellate courts, federal bankruptcy courts, and a number of federal administrative forums, such as the EEOC, MSPB, and CBCA, and the DAB. Ms. Hall is regularly consulted by senior HHS officials in Region IX on general law matters such as federal appropriations law, federal property regulations, information law, ethics, and security issues. She also participates in a number of HHS information technology workgroups. Ms. Hall is frequently called upon to represent the Department at national conferences as a speaker on Medicare survey and enforcement issues and on professional development. Ms. Hall joined HHS OGC in She served in various Divisions within HHS OGC before joining HHS OGC, Region IX, in 1997, including the Social Security Division (Baltimore, Maryland), the Ethics Division (both the headquarters office in Washington, D.C. and the satellite office at the National Institutes of Health in Bethesda, Maryland), and the General Law Division (Washington, D.C.). During her tenure in Washington, D.C., Ms. Hall was a member of the Clinton Administration s Health Care Reform working groups and was the primary attorney responsible for providing ethics advice to the Surgeon General and the Director of NIH. In 1995, Ms. Hall transferred to the Office of the General Counsel for the newly-independent Social Security Administration where she helped establish that agency s general law practice. After rejoining HHS OGC in 1997, Ms. Hall specialized in long term care and clinical laboratory survey and enforcement issues and fraud and abuse matters. Ms. Hall was also a faculty member for the Center for Medicare and Medicaid Services basic surveyor training program. Ms. Hall received her B.A. in Psychology from the University of Minnesota Honors Program in Minneapolis, Minnesota in 1986 and was a member of Phi Kappa Phi and Golden Key national honor societies. She received her J.D. from the University of Southern California Gould School of Law in Los Angeles, California in 1990 where she was a member of the Computer Law and Tax journals. In addition, Ms. Hall was a multi-year recipient of a National Education Resource Fellowship which provided opportunities for her to study Chinese language and politics at Beijing Normal University, Beijing, People s Republic of China in 1987 and Ms. Hall has been a member of the California Bar since 1990.
44 Jeff Heaphy, NHA Partner Experience Jeff is the firm s Senior Care Group Leader with over 28 years of experience. Besides directing the overall Senior Care Group for the firm, Jeff works with staff and clients in the areas of Medicaid and Medicare cost report preparation, operation benchmarking and improvement plans, as well as, negotiating final settlements and reviewing rate settings. Jeff also assists clients with their long range business planning and budgeting. He helps clients identify their future direction based on observations of the client s progress, industry awareness, and general business knowledge. The process includes identifying action plans to support/enhance current operations and analyzing other alternatives for future service/product delivery. Jeff is an active member of industry trade associations (Ohio Health Care, American Health Care) advocating on behalf of clients and the industry as a whole. Former Trustee of the Ohio Health Care Association, current member and past Chairman of its Payment for Service Committee, and past Treasurer of Education Foundation. Jeff has presented numerous Medicaid and Medicare reimbursement business planning and family succession educational sessions throughout the country to industry members. Education The Ohio State University, Bachelor of Science in Business Administration: Finance and Accounting June, 1983 Professional and Civic Affiliations Non-CPA Member of Ohio Society of Certified Public Accountants Board of Examiners of Nursing Home Administrators (BENHA-Ohio) American Health Care Association Ohio Health Care Association Contact Information 65 East State Street, Suite 600 Columbus, Ohio
45 JENNIFER L. HILLIARD Tall Ships Drive West Friendship, MD Phone: Fax: EDUCATION: Villanova University School of Law, Villanova, PA Juris Doctor (J.D.), cum laude, 1988 Cornell University, School of Hotel Administration, Ithaca, NY Master of Management in Hospitality (M.M.H.), 1996 University of New Hampshire, Durham, NH B.A. (English with writing concentration), magna cum laude, 1984 PROFESSIONAL EXPERIENCE: Public Policy Attorney, LeadingAge (formerly American Association of Homes and Services for the Aging), Washington, DC (June, 2000 present) Policy duties include developing the association s response to regulatory developments and formulating public policy objectives and strategies for achieving those objectives; working with federal agency staff, legislators and other stakeholders to implement policy objectives; advising LeadingAge staff, members and legal committee about regulations, legislation, judicial decisions and other legal developments affecting providers of elderly housing and aging services; managing requests for legal assistance; directing 35-member legal committee; and designing legal education programs for members and other groups. Commercial Real Estate Attorney, Bingham McCutchen LLP (June, 1998 June, 2000 Washington, DC office) Primary duties involved the negotiation and consummation of commercial real estate transactions, including the acquisition of office buildings, warehouses and raw land for commercial development, office and retail leasing and debt financing. (March, 1991 June, 1992 Hartford, CT office) Practice focused on the representation of lenders in loan workouts and refinancings as well as the disposition of bank-owned commercial and residential properties. (September, 1988 March 1991 Boston, MA office) Represented financial institutions with respect to the real estate side of leveraged buyouts, multi-state mortgage financings, refinancings and post-default work-outs. Developed specialty practice representing developers, lenders and equity participants in project finance transactions relating to wood, coal, and gas-fired cogeneration and small power production facilities. Also researched and wrote briefs in connection with zoning appeals for private and government-owned properties.
46 Counsel, Erickson Retirement Communities, Baltimore, MD (July, 1996 April, 1998) Represented developer and operator of large-scale CCRCs in MD, MI, NJ and VA in obtaining state registration permits, certificates of need for skilled nursing beds and operating licenses. Also negotiated and consummated the settlement of real estate tax assessment appeals for facilities in MD and MI. Other responsibilities included consummating financing for new facilities, property acquisitions and a corporate restructuring. Served on employee benefits committee focused on corporate compliance and other employment law matters. Drafted company-wide document retention program. Commercial Real Estate Attorney, Posternak, Blankstein & Lund, Boston, MA (June, 1992 August, 1994) Focused primarily on retail leasing and development. Also responsible for drafting zoning opinions and representing borrowers in financing transactions. Researched and compiled nationally-distributed privatization manual. PUBLICATIONS: Author, The Nursing Home Quality Initiative: Shift in Policy, Shift in Paradigm, 26 J. LEGAL MED. 41 (2005) Author, Note, The Substantive Admissibility of a Non-Party Witness Prior Inconsistent Statements: Pennsylvania Adopts the Majority View, 32 VILL. L. REV. 472 (1987) SERVICE: American Health Lawyers Association (AHLA) (2008 present), Vice Chair, Long Term Care Practice Group American Society of Association Executives (ASAE) ( ), Legal Council, Education and Web Development Subcommittees St. Andrew s Episcopal Church, Glenwood, MD (2006 present), Worship Leader PRESENTATIONS: Legal Update 2011 LeadingAge Future of Aging Services Conference, Washington, DC, April, 2011 (anticipated) DEA Issues in Long-Term Care 2011 MHA Business Summit, Las Vegas, NV, March, 2011 (anticipated) DEA Issues in Long-Term Care GeriMed Annual Business Seminar 2010, Ft. Lauderdale, FL, September, 2010 OSHA Policy and Practice Update Florida Association of Homes and Services for the Aging, Annual Convention and Exposition, Boca Raton, FL, July 2010 Regulatory Update Health Care Compliance Association, 14 th Annual Compliance Institute, Dallas, TX, April, 2010 Hot Topics: SNF/NF Legislative, Regulatory and Case Law Update American Health Lawyers Association, Long-Term Care and the Law Conference, Miami, FL, February, 2010 New HIPAA Requirements through the HITECH Act AAHSA Audio Conference, January, The FTC s Red Flags Rule: New Requirements for Preventing and Detecting Identity Theft AAHSA Audio Conference, July, 2009 Regulatory Update - American Health Lawyers Association, Long-Term Care and the Law Conference, New Orleans, LA, February,
47 ADMITTED TO PRACTICE: Massachusetts, 1988 Beyond HIPAA: Privacy and Security Issues Affecting Associations - American Society of Association Executives Annual Legal Symposium, Washington, DC, September, 2007 Global Health Care Privacy Initiatives International Association of Homes and Services for the Ageing Conference, St. Julian s, Malta, June, 2007 HIPAA Security Rule: It s More (and Less) Than You Think - Northern New England Association of Homes and Services for the Aging Winter Conference, Hanover, NH and Augusta, ME, December, 2005 The Nursing Home Quality Initiative - International Association of Homes and Services for the Ageing Conference, Trondheim, Norway, June, 2005 The Nursing Home Quality Initiative: Shift in Policy, Shift in Paradigm SIU/SIH Health Policy Forum, Carbondale, IL, May, 2004 Legal Update, DOL Overtime Exemptions - AAHSA Future of Aging Services Conference, Washington, DC, March, 2004 Disentangling Federal Disability Laws - AAHSA Annual Meeting, Denver, CO, October, 2003 Legal Update, Ergonomics Guidelines - AAHSA Future of Aging Services Conference, Washington, DC, April, 2003 Disentangling Federal Disability Laws American Health Lawyers Association Long- Term Care and the Law Program, Phoenix, AZ, February, 2003 Disentangling Federal Disability Laws American Association of Homes and Services for the Aging Annual Meeting, Baltimore, MD, October, 2002 HIPAA Compliance Update CEMO Executive Forum, American Association of Homes and Services for the Aging Annual Meeting, Baltimore, MD, October, 2002 HIPAA: What You Have to Do Today 2002 Nebraska Association of Homes and Services for the Aging Spring Conference, Lincoln, NE, April, 2002 Case Law and Regulatory Developments Affecting Long-Term Care Oak Crest Village Leadership Meeting, Parkville, MD, July, 2001 Case Law and Regulatory Developments Affecting Long-Term Care 2001 Pennsylvania Association of Non-Profit Homes for the Aging Annual Meeting, Hershey, PA, June, 2001 Case Law and Regulatory Developments Affecting Long-Term Care American Association of Homes and Services for the Aging Spring Conference, Washington, DC, March, 2001 INTERESTS: REFERENCES: Backpacking, travel, history, aviation, firearms and shooting, Available upon request - 3 -
48 Elizabeth E. Hogue, Esq. Office: (877) Fax: (877) Elizabeth E. Hogue is an attorney in private practice with extensive experience in health care. Prior to becoming an attorney, she was employed as a personnel manager by a Blue Cross-Blue Shield Plan. She studied at the University of Maryland School of Law, concentrating in health law, and gained considerable clinical experience, course work and employment experience in this area. Following her admission to the Bar, she developed an active practice in health law. She represents clients all over the country. Her clients are professional associations, physicians, managed care providers, and institutional health care providers, including hospitals, long-term care facilities, home health agencies, durable medical equipment companies, and hospices. She has also represented a number of individual providers and case managers concerning health-related issues. Ms. Hogue gives approximately 50 presentations each year on health-related topics, including future trends in the healthcare industry. Her numerous articles are regularly included in trade association publications and other journals. She has written extensively on health-related topics. Her books include Nursing Case Law Reporter, Informed Consent, Legal Liability, Medicare/Medicaid Fraud and Abuse, Contracting with Managed Care Providers, Ethics Manual, Termination of Services to Patients: Use of Policies and Procedures to Avoid Liability for Abandonment, Case Management: Legal Issues, How to Develop a Fraud and Abuse Compliance Plan, How to Form Alliances Without Violating the Law, and Wound Care: Legal Issues. Ms. Hogue is a member of the American Health Lawyers Association.
49 Elizabeth E. Hogue, Esq I Street, NW 9 th Floor Washington, DC Office: (877) Fax: (877) RESUME EDUCATION: (1) University of Maryland School of Law Baltimore, Maryland Clinic, Mental Health Law Clinic, and Asper Fellowship at University of Maryland Hospital - Far East Asia Studies, Cokesbury Fellow - B.A. Degree. Magna Cum Laude. Concentration in History and Political Science (2) School of International Service Washington, D.C. (3) Emory University Atlanta, Georgia - J.D. Degree. Cum Laude. Concentration in health law. Courses and clinical/intern experiences include: Torts, Health Care Law, Bioethics and the Law, Law and Psychiatry, Forensic Medicine, Developmental Disabilities Law
50 EXPERIENCE: Private Practice. (1) Health Related: Clients: home health, HME, IV infusion and hospice providers, managed care organizations, hospitals, long term care facilities, life care communities, physicians, professional associations of healthcare providers and individual practitioners. (2) Other Employment: A. Developmental Disabilities Law Project, University of Maryland School of Law. Assistant Director/National Coordinator. Associate Staff, University of Maryland School of Law. Primary substantive focus on delivery of health services. B. Blue Cross/Blue Shield of Maryland. o Personnel Manager. Recruit, interview, and hire personnel. Responsible for affirmative action, employee orientation, employee grievances, and implementation of promotional system. o Market Research Analyst. Developed and implemented sales campaigns. Market analysis. (3) Professional Memberships and Associations: o American Bar Association, Forum Committee on Health Law. o Maryland Bar Association, Health Law Committee. o Baltimore City Bar Association: Co-Chairperson, Publications Committee; Chairperson, Fee Arbitration Committee; Member, Executive Council; Health Law Committee. o American Health Lawyers Association o Institutional Review Board, Central Research Authority, Friends of Medical Science Research, Inc. o Baltimore Magazine, "People to Watch." o Washington Regional Transplant Consortium, Board of Directors. (4) Publications:
51 Books: Nursing Case Law Reporter, National Health Law Publishing Company. Legal Liability, National Health Law Publishing Company. Informed Consent, National Health Law Publishing Company.. Medicare/Medicaid Fraud and Abuse, National Health Law Publishing Company. Contracting with Managed Care Providers Ethics Manual Termination of Services: Use of Policies and Procedures to Avoid Liability for Abandonment Case Management: Legal Issues How to Develop a Medicare/Medicaid Fraud and Abuse Compliance Plan How to Form Alliances without Violating the Law Wound Care: Legal Issues (5) Selected Courses and Seminars o Presentations to forty-nine (49) state home care associations o American Hospital Association o American Occupational Therapy Association o SunHealth o Tri-State Hospital Association o Blue Shield of Pennsylvania o American Health Lawyers' Association o National Association for Home Care o National Health Systems, Inc. o Maryland Association of Nonprofit Homes for the Aging o Maryland Public Health Association o Pennsylvania Financial Group o Case Management Society of America o American Society of Emergency Physicians o Foundation for Hospice and Homecare o National Nurse Practitioner Symposium o AA HomeCare
52 o National Hospice and Palliative Care Organization
53 ALAN C. HOROWITZ is an Assistant Regional Counsel at the United States Department of Health and Human Services Office of the General Counsel (OGC) in Philadelphia. He works closely with the Centers for Medicare and Medicaid Services (CMS) especially in the area of nursing home enforcement and CLIA actions. Before joining HHS, Mr. Horowitz served as the Acting Director of ECRI s National Center for Independent Medical Review. He also served as the Director of Clinical and Legal Affairs for the Institute for Safe Medication Practices (ISMP). Additionally, as well as having maintained his own law practice, Mr. Horowitz also served as in house counsel and program director for a long term care facility with the pilot ventilator dependent unit in New Jersey. As a licensed registered nurse and licensed registered respiratory therapist, Mr. Horowitz has enjoyed many clinical, teaching, and administrative positions at major university based medical centers. In 1977, Mr. Horowitz established the first neonatal respiratory care team in Philadelphia while at Hahnemann University Medical Center. Mr. Horowitz has lectured extensively and has authored numerous articles concerning health care law. He has taught a graduate seminar in Long Term Care Risk Management at Widener University School of Business Management and also teaches a college level course, Nursing and the Law. He received his JD from Widener University School of Law, and his BSN from Widener University. He also graduated from New York University/Bellevue Medical Center s School of Respiratory Therapy.
54 WILLIAM W. HORTON JOHNSTON BARTON PROCTOR & ROSE LLP COLONIAL BROOKWOOD CENTER 569 BROOKWOOD VILLAGE, SUITE 901 BIRMINGHAM, ALABAMA DIRECT DIAL (205) MAIN (205) FACSIMILE (205) Bill Horton is a member of Johnston Barton s Health Care and Business and & Tax Practice Teams, where his primary focus is on the representation of health care providers, financial services organizations and other business enterprises in the areas of mergers, acquisitions and joint ventures, securities and corporate finance law, regulatory compliance and corporate governance matters. Before joining Johnston Barton in October 2011, Bill practiced as a member of another Birmingham-based law firm and as general counsel of one of the nation s largest publicly traded health care providers. With substantial experience both in private practice and as senior legal officer for a large public company, Bill has been involved in some of the largest corporate finance and acquisition transactions in the health care services industry. His background includes representation of issuers in securities offerings and periodic reporting, representation of borrowers in complex financing transactions, counseling physicians and institutional health care providers on regulatory compliance, and representation of health care enterprises, financial services businesses and other business clients in corporate governance matters, acquisition and divestiture transactions, joint ventures and other business transactions. He also has extensive experience in government and internal investigations. Bill graduated magna cum laude from Vanderbilt University in 1982 and received his law degree in 1985 from Duke University, where he served as editor-in-chief of the Duke Legal Research Program and was a research assistant to Professor Clark C. Havighurst, director of Duke Law School s Program on Legal Issues in Health Care. From 1985 through 1986, he was a law clerk to U.S. District Judge James H. Hancock, Northern District of Alabama. A nationally recognized speaker and author on health care, corporate and securities law and professional responsibility topics, Bill has held leadership positions for several years with both the American Health Lawyers Association, where he currently serves as Chair of the Business Law & Governance Practice Group, and the American Bar Association s Health Law Section, where he currently serves on the Council. Bill is a contributing author to Health Care Fraud and Abuse: Practical Perspectives and to the 2009 and 2011 editions of Health Law Handbook, and his articles have appeared in The Business Lawyer, Journal of Health & Life Sciences Law, BNA s Corporate Accountability Report, BNA s Health Law Reporter and other publications. He also serves as Editor-in-Chief of AHLA s Federal Healthcare Laws and Regulations. Bill is listed in The Best Lawyers in America (Health Care Law, Corporate Governance Law, Corporate Compliance Law, Securities/Capital Markets Law and Securities Regulation) and in Alabama Super Lawyers and is a Fellow of the American Bar Foundation. He also serves as an adjunct professor at the University of Alabama School of Law.
55 Robert A. Hussar Counsel Healthcare Transaction & Policy PROFESSIONAL EXPERIENCE Robert Hussar has 15 years of experience in the public and private sectors providing advice and strategic direction on Medicare, Medicaid and other payor regulatory, compliance and reimbursement issues. He counsels providers and other healthcare stakeholders on the development and implementation of compliance programs, conducts internal investigations, provides public policy and strategic planning, and advises on Medicare and Medicaid regulatory matters. Robert previously served as the First Deputy for the New York State Office of the Medicaid Inspector General (OMIG), where his role included strategic planning and leadership for New York s $50 billion Medicaid program. He was directly responsible for the implementation of mandatory provider compliance plans and corporate integrity agreements, and he chaired provider advisory committees focused on compliance guidance, self disclosures and OMIG s audit processes. Most recently Robert was a Senior Manager with a global accounting and consulting firm, where he focused on the design, implementation and improvement of provider and payor compliance programs and state program integrity units. Prior to his service with OMIG, he was the Compliance Officer at Northeast Health, where he led the oversight and facilitation of systemwide compliance efforts for the health system and its approximately 15 affiliates, including acute and rehabilitation hospitals, skilled nursing facilities, home healthcare, physician practices, a durable medical equipment provider and a Program of All Inclusive Care for the Elderly. EDUCATION Union College, M.S., Health Systems Management, Western New England College School of Law, J.D., Union College, B.A., Economics and Psychology, 1993.
56 MEMBERSHIPS & ACTIVITIES Board of Directors, certified in healthcare compliance, Health Care Compliance Association. Vice Chair of Fraud Committee, Health Law Section, New York State Bar Association. Member, American College of Healthcare Executives. Member, American Health Lawyers Association. PUBLICATIONS Robert is regularly called upon to provide commentary and to author articles on various compliance, fraud, waste and abuse issues for leading industry publications, including coauthoring two chapters for CCH s Health Care Compliance Professional s Manual. SPEAKING ENGAGEMENTS Robert has lectured extensively on a variety of compliance and fraud, waste and abuse initiatives for many prominent conferences and industry associations, including the Health Care Compliance Association, New York State Bar Association, American Health Lawyers Association and the National Association of Medicaid Program Integrity. He has also testified before the U.S. Senate s Special Committee on Aging regarding Medicare and Medicaid fraud in the senior community and was an invited participant in the HHS Office of Inspector General and Health Care Compliance Association Roundtable on Hospital Board of Directors Oversight of Quality of Care, as well as CMS s Health Care Fraud Prevention Summit.
57 ANNALIESE IMPINK, ESQ. 911 VIRGINIA CIRCLE, N.E. ATLANTA, GEORGIA (678) EDUCATION: University of Pittsburgh School of Law, Pittsburgh, PA Juris Doctorate 1990 George Mason University, Fairfax, VA B.S. Social Work 1984 EXPERIENCE: SAVASENIOR CARE CONSULTING, LLC Atlanta, GA May 2003 present Senior Vice President and Chief Operations Counsel I serve as chief operations counsel for 183 skilled nursing facilities. I provide a broad range of legal services regarding legal issues impacting operations in the areas of therapy, pharmacy and clinical services, Federal and State health care law, regulatory compliance, fraud and abuse prevention, survey and certification, Federal and State licensure requirements, and State Certificate of Need Requirements. I am responsible for providing day-to-day legal guidance to facility level, regional, division and field support staff on a variety of issues. I represent the facilities before the U.S. Department of Health and Human Services Departmental Appeals Board and other administrative entities. I oversee all investigations by State and Federal regulatory authorities. I provide legal advice to the Company regarding occupational safety and health-related matters ( OSHA ) and I provide legal oversight regarding compliance with the Health Insurance Portability and Accountability Act of 1996 ( HIPAA ). I serve as legal counsel for a number of corporate committees. I am responsible to review and/or draft all facility-level service contracts. I also draft and/or review corporate consultant and service agreements. I assist facilities with collections activities and oversee collections litigation. I oversee all aspects of general civil litigation brought by or against the facilities. I provide legal advice regarding regulatory compliance during complex transactional matters. 1
58 I am responsible for Emergency Preparedness for all facilities, which includes heading the Company s Emergency Preparedness Command Center. LAW OFFICES OF BIANCULLI & IMPINK, PLC Arlington, VA January 2000 April 2003 Partner January January 2000 Associate I provided a broad range of legal advice to long-term health care providers and hospitals around the country regarding various aspects of Federal and State health care law, regulatory compliance, fraud and abuse prevention, Federal and State licensure requirements, and State Certificate of Need Requirements. I engaged in all aspects of litigation both at the State and Federal level, including representing clients before the U.S. Department of Health and Human Services Departmental Appeals Board, representing clients before State professional and administrative boards, and representing providers in during civil and criminal investigations. I also assisted clients in preparing for Informal Dispute Resolution conferences across the country. I drafted and defended Certificate of Need Applications before State and Local Health Planning Boards and Commissions. I advised hospital clients regarding medical staff credentials and privileges and assisted hospital medical staff in preparing for Peer Review Hearings. I also represented clients in guardianship proceedings in State courts. I assisted clients in transactional matters including drafting and reviewing service contracts and asset purchase agreements. I served as national regulatory counsel to the Nursing Centers Division of a National Health Care Provider. I also served as legal advisor to several health care providers as they developed and implemented HIPAA compliance plans. UNITED STATES DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR Washington, D.C Staff Attorney - Division of Employment and Training Legal Services Counsel for the Employment and Training Administration. I was responsible for all phases of litigation including drafting pre-trial motions, engaging in all aspects of discovery, defending the client agency at trial, drafting post-trial briefs, drafting appellate briefs before both the Secretary of Labor and the Court of Appeals, participating in oral argument before the Courts of Appeals and agency boards, initiating settlement negotiations and advising the client agency on litigation risk and strategy. 2
59 LAW OFFICES OF JOSEPH L. BIANCULLI Washington, D.C. May, June 1989 Law Clerk I participated in a special project, which involved researching the Certificate of Need Statutes for the fifty states and preparing a compilation of the requirements and limitations set forth in each state s statute. THE HONORABLE DAVID CRAIG, COMMONWEALTH COURT OF PENNSYLVANIA Pittsburgh, PA January May 1989 Law Clerk I conducted legal research of matters before the Commonwealth Court. I was responsible for drafting the opinion of the Court under the direction of Judge Craig. MEMBERSHIPS: Admitted to the bars of the Commonwealth of Virginia and the District of Columbia. Member, American Health Care Association Legal Subcommittee
60 PRESENTATIONS Panelist Consumer Consortium on Assisted Living, Mediating Assisted Living Disputes, November Speaker Provider Workshop, Investigation and Reporting Unusual Occurrences -- When Guardianship is Appropriate, April Guest Speaker Your Dollars and Your Health Radio Talk Show -- Update on the HCFA Enforcement Crackdown in Nursing Homes, June Presenter Trainer Speaker Speaker American Health Care Association 1999 Convention -- You CAN Fight Back Against the Enforcement Initiative, September Presented training sessions around the Country on Compliance and Changes to the Survey and Enforcement Process for National Nursing Home Chain, September and October Virginia Health Care Association -- Enforcement & IDR -- Strategies for Success, July American Health Lawyers -- Long Term Care and the Law Conference, Update on Survey and Enforcement Initiatives, February Panelist Eli Research Survey and Enforcement Teleconference -- May Presenter American Health Care Association 2001 Annual Convention -- Practical Tips for Preparing for Successful Informal Dispute Resolution, October Presenter Health Facilities Association of Maryland 2001 Annual Convention -- Practical Tips for Preparing for Successful Informal Dispute Resolution, October Presenter Pacific Rim Conference on Disabilities -- A Culturally Sensitive Approach to Preventing Abuse, Neglect and Mistreatment in Residential and Institutional Settings, March Presenter American Association on Mental Retardation 2002 Annual Meeting -- Navigating through the Maze of that HIPAA Thing, May Trainer Lorman Educational Programs - Steps Towards Developing an Effective, HIPAA Compliant, Privacy Program July 2002 and March Presenter Long Term Care in the Law Annual Conference February 2005
61 Presenter Long Term Care and the Law Annual Conference February 2007 Presenter American Health Care Association Annual Conference October 2008 Presenter Long Term Care and the Law Annual Conference February 2009 Publications Healthcare Practitioner Reference Manual for Use in Long Term Care Facilities developed for Bimark Medical Communications 1999 and 2001 (update). Cultural Sensitivity as a Means of Survival, Nursing Homes Magazine, November Healthcare Practitioner s Guide to Risk Management in Long Term Care Facilities developed for Bimark Medical Communications 2003.
62 J. Richard Kiefer Partner, Bingham Greenebaum Doll LLP 2700 Market Tower, 10 W. Market Street Indianapolis, IN (317) J. Richard Kiefer has practiced law in both state and federal court for more than 35 years and has devoted a substantial portion of his practice to representing health care professionals. He represents nursing homes and their staff in criminal and civil litigation as well as in disciplinary cases involving professional licenses of administrators and nurses, and also has served as Special Counsel to the Indiana Health Care Association (IHCA) for criminal investigations. Mr. Kiefer is the Chair of Bingham Greenebaum Doll s White Collar Crime and Long- Term Care Practice Groups. He represents clients throughout the country in health care fraud, criminal neglect and abuse, and related matters. A veteran of approximately 100 jury trials and 75 appeals in state and federal court, Mr. Kiefer s white collar criminal practice includes conducting internal investigations, representing clients during grand jury and other preindictment investigations to avoid clients being charged with criminal offenses, jury trials and appeals. He has extensive experience in health care fraud, False Claims Act, anti-kickback violations, mail fraud, wire fraud, antitrust, securities fraud, tax fraud, money laundering, computer crimes, controlled substance offenses, and numerous other federal crimes. His clients have included Fortune 500 companies, some of the nation s largest long-term care chains and assisted living companies, durable medical equipment companies, home health care companies, hospitals, physicians, psychiatrists, pharmacists, eye surgeons, dentists, podiatrists, chiropractors, nurses, and other health care providers, as well as business executives, public officials, and professional athletes. Much of Mr. Kiefer s practice involves joint defense efforts in multidefendant cases in which lawyers for various targets or charged defendants cooperate in a joint defense strategy to defend their respective clients. Mr. Kiefer is a frequent faculty member at national seminars on criminal defense, trial strategy, the defense of criminal and civil health care fraud cases, and representation of health care providers in quality of care investigations and trials. He is a frequent speaker at seminars sponsored by the American Health Lawyers Association, and has also spoken at the American Health Care Association, the Association of Corporate Counsel, U.S. Law Network, the Defense Research Institute, the Ohio Academy of Nursing Homes, the Kentucky Association of Health Care Facilities, the Indiana Health Care Association, Indiana Hospital Association, Indiana Continuing Legal Education Forum (the Indiana Bar Association s legal education arm), the Indiana Association of Criminal Defense Lawyers, the National Business Institute, and other organizations. He is a former faculty member of the National College of District Attorneys in Reno, Nevada, and the Indiana Law Enforcement Academy. He is the author of numerous articles in professional publications, including Preserving the Attorney-Client Privilege in Internal Corporate Investigations in Res Gaeste (Indiana State Bar Association) (2-part series, 2010), What to Do When the Feds Show Up to Investigate Allegations of Health care Fraud in American Health Lawyers Associations Long-Term Care Advisor (February, 2009), a six-part series of articles on representing nursing homes in criminal investigations for Mealey s Litigation Reports: Nursing Home Liability (Sept February 2002 issues), Defending Charges of Health Care Fraud published in The Champion, September/October, 1994, by the National Association of Criminal Defense Lawyers (NACDL), and numerous other articles and seminar papers on health care fraud, quality of care health care cases, and criminal defense topics. Mr. Kiefer has been recognized by his peers for inclusion in the prestigious Best Lawyers
63 in America every year since 1987, and Who s Who in American Law for more than 30 years. He and his firm have the top AV rating from Martindale Hubbell. He has served as President of the Indiana Association of Criminal Defense Lawyers and as Chairman of the Criminal Justice Section of the Indiana State Bar Association. Former Program Presentations Quality of Care False Claims Act Investigations and Litigation, AHLA Long Term Care & The Law, February 21-23, 2011, San Diego, California Legal Ethics of Investigations, AHLA Long Term Care & The Law, February 17-19, 2010, Miami, Florida Covering All of Your Clients Bases: Coordinating the Defense of Civil, Regulatory/Survey and Criminal Issues Intertwined in the Long-Term Care Case, Defense Research Institute Nursing Home/ALF Litigation Seminar, Chicago, Illinois, 2010 Ethical Considerations Arising in the Simultaneous Defense of Collateral Criminal, Regulatory, Employment & Civil Neglect Claims, Defense Research Institute Nursing Home/ALF Litigation Seminar, Chicago, Illinois, 2010 Defending Against the Trilogy Contemporaneous Criminal, Civil and Administrative Proceedings, AHLA Long Term Care & The Law, February 25-27, 2009, Las Vegas, Nevada The Trial of a Criminal Nursing Home Case From Start to Finish, AHLA Long Term Care & The Law, February 27-29, 2008, New Orleans, Louisiana Nursing Homes and Top Executives Under Fire: Recent Prosecutions, AHLA Long Term Care & The Law, February 21-3, 2007, Orlando, Florida (with Harvey Tettlebaum) Federal Prosecution of Nursing Homes, Their Top Executives and Individual Owners for Alleged False Statements by Nursing Home Staff about Staffing and Quality of Care, AHLA Long Term Care & The Law, February 15-17, 2006, Dallas, Texas The Trial of a Criminal Nursing Home Case From Start to Finish, AHLA Long Term Care & The Law, February 23-25, 2005, San Diego, California (with Jim Sheehan) Healthcare Fraud in Long-Term Care: Hot Topics and Current Issues, AHLA Long Term Care & The Law, February 18-20, 2004, Orlando, Florida (with David Hoffman) Curbing Discovery Abuses in Long-Term Care Litigation, AHLA Long Term Care & Thew Law, February 19-21, 2003, Phoenix, Arizona Representing Nursing Homes in Criminal Investigations, AHLA Long Term Care & The Law, February 27-March 1, 2002, New Orleans, Louisiana Education Indiana University School of Law-Indianapolis, cum laude, 1975 Purdue University, B.A., Political Science and International Relations, 1970
64 Dykema Attorney - Joanne Lax Page 1 of 8 10/21/2011 Joanne R. Lax Member Family Law Health Care Bloomfield Hills, Michigan Education University of Michigan, A.B. with high distinction Phi Beta Kappa University of Michigan, J.D. magna cum laude Order of the Coif Admitted to Practice Michigan 1978 Joanne divides her practice between two major areas of the law -- health care law and private adoptions and surrogacies. Experience Health Care Law Practice Joanne represents health systems, hospitals, prepaid in-patient health plans, nursing homes, homes for the aged, assisted living facilities, hospices and home health agencies regarding: State and Federal Regulatory Compliance Licensure and Certification Medicare/Medicaid Conditions of Participation and provider enrollment Emergency Medical Treatment and Labor Act (EMTALA) Americans with Disabilities Act, Fair Housing Act, Rehabilitation Act of 1973 Civil Rights Regulations Vulnerable Adult Abuse Act and Elder Justice Act Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HITECH Act of 2009 Human Subject Research and Clinical Trials Public Health and Mental Health Code facility licensure requirements Medical Records Access and Retention Facility Opening and Change of Ownership Development and implementation of compliance plans State and Federal compliance-related Administrative Litigation and Hearings Michigan Administrative Tribunal U.S. Department of Health and Human Services, Departmental Appeals Board U.S. Department of Health and Human Services, Office of Inspector General U.S. Department of Health and Human Services, Office of Medicare Appeals Michigan Peer Review Organization quality review hearings Patient Rights and Biomedical Ethics Ethics committees and ethics case consultation End of Life decision-making Surrogate decision-makers Medical privacy Recipient rights
65 Dykema Attorney - Joanne Lax Page 2 of 8 10/21/2011 Minors and Legally Incapacitated Individuals Examples include: Drafting a comprehensive Medicare compliance manual for a national health professional trade association Drafting a comprehensive HIPAA compliance manual for a national health professional trade association Defending nursing homes and nursing home professional staff against criminal charges of patient abuse/neglect Defending nursing homes and hospitals, including psychiatric hospitals, against Medicare/Medicaid, EMTALA, and licensure deficiency citations, civil money penalties, ban on admissions, loss of license, imposition of temporary manager, denial of payment for new admissions, Medicare/Medicaid de-certification, special focus facility designation, or closure. Informal meetings with MDCH and CMS Drafting plans of correction and credible allegations of compliance Drafting informal deficiency review requests Administrative hearings - particularly the Departmental Appeals Board ("DAB") Defending nursing homes against Medicare recoupment of paid claims Defending hospital clinical research programs against FDA investigations and deficiency citations Serving as legal advisor to two hospitals' Ethics Committees and performing ethics case consultations; Serving as legal advisor to a mental health provider's Recipient Rights Advisory Board and Appeals Board Private Adoptions and Surrogacy Joanne handles all aspects of adoption, surrogacy and assisted reproductive technology, including: Newborn adoptions (within Michigan and interstate) Intra-family adoptions Guardian adoptions Step-parent adoptions Adult adoptions Gestational surrogacies
66 Dykema Attorney - Joanne Lax Page 3 of 8 10/21/2011 Traditional surrogacies Egg donations Embryo "adoptions" Examples include: Representing birth parents, surrogate mothers, married and gay/lesbian adoptive couples, and single individuals in adoptions and surrogacies Defending against adoption revocations, rehearings and appeals Defending against birth father challenges to adoption Involuntary termination of birth parent's parental rights due to child neglect or abuse and adoption fraud Counseling adoption agencies about difficult adoption issues Counseling hospitals about their adoption responsibilities, and drafting a comprehensive adoption and surrogacy compliance manual for a national hospital system Defending adoption agencies against licensure deficiencies Seminars and Speeches 6/27/2011 Hot Topics in Long-Term Care, Co-presented with Barbara J. Duffy, Esq. at the AHLA Annual Meeting, Boston, MA 5/24/2011 Clinical Ethics -- When Doing Right Is The Right Thing To Do, Aging Services of Michigan Annual Meeting 2/23/2011 Don't Ask, Don't Tell: Attorney-client privilege, attorney work product and confidentiality, American Health Lawyers Association Long Term Care and the Law, San Diego, CA 6/4/2010 Individual and Group Competencies in Ethics Consultation, Advanced Bioethics Workshop, William Beaumont Hospital, Troy, Michigan 4/20/2010 In the Crosshairs: The Intersection of Management Prerogative and Resident Demand Across the Continuum, Aging Services of Michigan's 42nd Annual Conference and Trade Show, Grand Rapids, Michigan 4/7/2010 Legal Issues in Behavioral Care, Medical Education Services, Physician Development Network, Sterling Heights, Michigan 2/17/2010 In the Crosshairs: The Intersection of Management Prerogative and Resident Demand in Assisted Living Facilities, Skilled Nursing Facilities and Home and Community Based Service
67 Dykema Attorney - Joanne Lax Page 4 of 8 10/21/2011 Programs, American Health Lawyers Association Long Term Care and the Law, Miami, Florida 10/2009 Planning for Pandemic Influenza, Teleconference Presentation for the Health Care Law Section, State Bar of Michigan 7/1/2009 Panelist - Racial and Ethnic Diversity in the Practice of Health Law, American Health Lawyers Association, Annual Meeting, Washington, D.C. 2/21/2009 Quality of Care: It's Not Just for Clinicians Any More, American Health Lawyers Association, Long-Term Care and the Law, Las Vegas, Nevada 2/27/2008 When Residents And Family Harass Staff: The Tightrope Between Regulatory Compliance, Risk Management And Employment Liability, American Health Lawyers Association Long Term Care and the Law, New Orleans, Louisiana 10/22/2007 Outbreak! What Happens When Robin Cook Isn't Fiction Any More?, AAHSA Annual Meeting, Orlando, Florida 4/30/2007 Avian-Pandemic Influenza: Are Long Term Care Providers Prepared?, MAHSA 39th Annual Conference and Trade Show, Dearborn, Michigan 2/21/2007 Catastrophic Disease Preparedness & Response, American Health Lawyers Association Long Term Care and the Law Conference, Orlando, Florida 10/18/2006 Regulatory Update - Issues and Initiatives for Skilled Nursing Providers - Deficit Reduction Act, Michigan Association of Homes and Services for the Aging, East Lansing, Michigan 5/9/2006 CMS SNF/NF Survey and Certification Update, Michigan Association of Homes and Services for the Aging Annual Conference, Lansing, Michigan 2/15/2006 Treatment of Sex Offenders in Nursing Homes, American Health Lawyers' Association, Long Term Care and the Law Conference, Dallas, Texas 10/2005 Confidentiality of Mental Health, Substance Abuse and HIV information: HIPAA and beyond, Michigan Department of Community Health Office of Recipient Rights, 12th Annual Conference, Detroit, Michigan 5/2005 Long Term Care Survey and Certification Overview, Michigan Association of Homes and Services to the Aging Annual Conference, Battle Creek, Michigan 2/2005 Long Term Care Survey and Certification Overview, American Health Lawyer's Long Term Care and the Law Conference, San Diego, California 10/25/2004 Panel discussion of elder abuse, American Association of
68 Dykema Attorney - Joanne Lax Page 5 of 8 10/21/2011 Homes and Services to the Aging Annual Member Conference, Nashville, Tennessee 2/19/2004 Legal and Clinical Approaches to Managing Disruptive Long Term Care Residents and Families - Suggestions for Avoiding Sanctions and Liability, American Health Lawyers Association, Long Term Care and the Law Conference, Orlando, Florida 10/23/2003 Hipaacolypse Now: Confidentiality of Mental Health Information in the Age of HIPAA - Michigan Department of Community Health, Office of Recipient Rights, 10th Annual Recipient Rights Conference, Midland, Michigan 10/18/2003 "Adoption Process, Procedure and Pitfalls", Lorman Educational Services, Southfield, Michigan 10/16/2003 "Practical Law" Adoption in Michigan, Bloomfield Cable Television, Channel 15 7/20/2003 "Due Process Panel Discussion on HIPAA", WDIV, Channel 4, Detroit, Michigan 6/17/2003 "HIPAA and Marketing", Lorman Education Services, Flint, Michigan 5/12/2003 "Attorney Assisted Adoption", William Beaumont Hospital Fertility Center, Royal Oak, Michigan 3/19/2003 "HIPAA and Medical Billers", MPAA Region 2 Billers' Task Force, Warren, Michigan 10/5/2002 What Every Optometrist Should Know About The Health Insurance Portability and Accountability Act of 1996, American Optometric Association, Medicare Carrier Advisory Committee, Baltimore, Maryland 10/3/2002 Confidentiality of Mental Health Treatment Records, Michigan Department of Community Health, Office of Recipient Rights, Lansing, Michigan 9/27/2002 Will Your Marketing Department Be Ready To Comply With HIPAA?, American Hospital Association, Society for Healthcare Strategy and Market Development, Atlanta, Georgia 9/19/2002 What Every Hospital Should Know About The Health Insurance Portability And Accountability Act Of 1996, North Oakland Medical Center, Pontiac, Michigan 6/28/2002 What Every Optometrist Should Know About The Health Insurance Portability and Accountability Act of 1996, American Optometric Association Annual Congress, New Orleans, Louisiana 5/2002 HIPAA Compliance: Understanding and Implementing the Privacy, Security and Portability Regulations, Lorman Education Services, Detroit, Michigan
69 Dykema Attorney - Joanne Lax Page 6 of 8 10/21/2011 2/22/2002 HIPAA Compliance: Understanding and Implementing the Privacy, Security and Portability Regulations, Lorman Education Services, Dearborn, Michigan 12/6/2001 Legal Developments in Long Term Care, Dykema Gossett PLLC, Detroit, Michigan 11/2001 Attorney Assisted Adoptions in Michigan, William Beaumont Hospital Fertility Center, Royal Oak, Michigan 10/2001 HIPAA Privacy Rules, Michigan Alliance of Healthcare Access Professionals, Frankenmuth, Michigan 5/2001 When is a Nursing Home Quality of Care Incident More Than Just a Quality of Care Problem?, Michigan Association of Homes and Services for the Aging, Grand Rapids, Michigan 2/2001 Developments Under EMTALA and the Skilled Nursing Facility Consolidated Billing Rules, Healthcare Financial Management Association, Midland, Michigan 2/2001 Criminalization of Long Term Care Quality Issues, American Health Lawyers Association Long Term Care and the Law, Las Vegas, Nevada 8/2000 Health Care Compliance, Lorman Education Services 6/2000 Long Term Care: An Industry Under Siege, Grand Rapids, Michigan 5/2000 Long Term Care: An Industry Under Siege, Detroit, Michigan [Information about pre-2000 presentations available upon request]. Publications "Long-Term Care Facility Licensure and Certificate of Need," American Health Lawyers Association (Contributing Author) (February 2009) "Community Pan-Flu Preparedness: A Checklist of Key Legal Issues for Healthcare Providers," American Health Lawyers Association and Centers for Disease Control and Prevention (Contributing Author) (June 2008) "Medicare Compliance Manual," American Optometric Association (August 2004) "The Sword and the Shield - Using and Surviving Litigation in Long- Term Care," Health Care Weekly (June 2003) "HIPAA Compliance Manual," American Optometric Association (December 2002) "The Modified HIPAA Privacy Rule: Final," Optometry (October 2002)
70 Dykema Attorney - Joanne Lax Page 7 of 8 10/21/2011 "Privacy Rule Offers Limited Data Set Options," Optometry (September 2002) "Dipping Into The HIPAA Question Box," Optometry (August 2002) "Getting to the HIPAA Finish Line on Time and In Control," Optometry (July 2002) "Decide Now Whether to File for Extension on HIPAA EDI Compliance," Optometry (June 2002) "HIPAA - the Government's Work in Progress," Optometry (May 2002) "Proposed Privacy Rule Changes," Optometry (May 2002) "HIPAA Privacy Rules: What They Are and What They Mean For Optometrists," Optometry (August 2001) Health Care Records Retention Manual, State Bar of Michigan - Contributor (September 1996) "What Should You Do If the Professional Licensing Ax Falls On You?," Michigan Psychiatric Society Newsletter (July 1996) "What Should You Do If the Professional Licensing Ax Falls On You?," Podiatric Profiles (February 1996) "What Should You Do If the Professional Licensing Ax Falls On You?," The Michigan Optometrist (January 1996) "What Should You Do If the Professional Licensing Ax Falls On You?," Oakland County Medical Society Professional Associations Ms. Lax is active in many organizations related to health care law and adoptions and surrogacy law. These include: State Bar of Michigan ( present) Health Care Law Section : Chair, Health Care Law Section : Chair-elect, Health Care Law Section : Secretary, Health Care Law Section 2005-present: Member Health Care Law Section Council : Chair, Provider Subcommittee of the Substantive Law Committee : Co-chair, Technology Subcommittee of the Substantive Law Committee Family Law Section Adoption Law Subcommittee Aging Services of Michigan, f/k/a Michigan Association of Homes and Services for the Aging (approx 1990-present) Member, Professional Development Committee
71 Dykema Attorney - Joanne Lax Page 8 of 8 10/21/2011 LeadingAge, f/k/a American Association of Homes and Services for the Aging (approx 2005-present) and Member, Core Legal Committee American Health Lawyers Association (approx 1990-present) 2008-present: Vice Chair, Long Term Care, Senior Housing, Inhome Care and Rehabilitation Practice Group 2008-present: Member, Advisory Council on Racial and Ethnic Diversity 2010-present: Member, Mentoring Committee Medical Ethics Resource Network (2011) Awards Named Lawyer of the Year - Detroit - Health Care by Best Lawyers in America 2012 Recognized in The Best Lawyers in America, Health Care,
72 Robert E. Leamer Robert E. Leamer is Senior Vice-President and General Counsel of Metropolitan Jewish Health System (MJHS), a not-for-profit integrated delivery system based in Brooklyn, New York. The eleven participating agencies of Metropolitan Jewish Health System provide a wide array of sub-acute care services and include nursing homes, home health care agencies, a hospice and Elderplan, a Medicare HMO. In addition to being Chief Legal Officer, Mr. Leamer has oversight responsibilities for the MJHS Quality and Compliance Programs. Prior to coming to MJHS in July of 1998, Mr. Leamer served for ten years as Vice- President and General Counsel of United Health Services, a regional health care system in Binghamton, New York. Mr. Leamer also served as Counsel to the New York State Assembly Health Committee from 1980 to Mr. Leamer is a graduate of Colgate University (A.B., 1972) and Albany Law School (J.D., 1976), is a Fellow in the American College of Health Care Executives and holds a teaching position in the School of Management at Binghamton University.
73 Charles A. Luband Ropes & Gray LLP 1211 Avenue of the Americas New York, NY (212) LEGAL EXPERIENCE: Ropes & Gray LLP New York, NY & Washington, DC Counsel (2008-present), Summer Associate (1995) Summer 1995, 2008-present Represent and advise clients regarding Medicaid and Medicare reimbursement issues and strategies for adjusting to a changing health care environment, including health care reform. Extensive experience with Medicare and Medicaid disproportionate share hospital payments, Medicaid upper payment limits, Medicaid waivers, intergovernmental transfers and the Provider- Specific Tax and Voluntary Donation Law of 1991, the Emergency Medical Treatment and Labor Act, Medicare and Medicaid graduate medical education payments, Medicare and Medicaid health information technology incentive payments and the Medicare cost report process. Represent clients in issues involving various federal administrative agencies. Represent national association of safety net hospitals on legislative and regulatory issues (including Medicaid and Medicare reimbursement, Medicaid managed care, Emergency Medical Treatment and Labor Act, child health, legal immigrant benefits restoration), and in litigation. Powell Goldstein LLP Washington, DC Partner ( ), Associate ( ), Summer Associate (1996) Summer 1996, Represented institutional provider clients regarding Medicaid and Medicare reimbursement issues and strategies for adjusting to a changing health care environment. Represented clients in disputes against federal and state administrative agencies. Represented national association of safety net hospitals on legislative and regulatory issues including appellate litigation (prepared multiple amicus briefs to the U.S. Supreme Court and assisted in the preparation of amicus brief to Sixth Circuit). Researched and provided advice regarding compliance with U.S. Food and Drug Administration requirements, including medical device 510(k) requirements and Hatch-Waxman provisions. Member, Associates Committee ( ), Benefits Committee ( ), Recruiting Committee ( ). Chief Justice Herbert P. Wilkins, Supreme Judicial Court of Massachusetts Boston, MA Judicial clerkship Researched and wrote memoranda addressing legal issues and assisted the Chief Justice in preparation of legal opinions of Massachusetts highest court.
74 EDUCATION: Harvard Law School J.D., cum laude, June 1996 President ( ), Articles Editor ( ), Harvard Journal on Legislation John F. Kennedy School of Government M.P.P., June 1996 Coursework in Health Policy and Regulatory Policy Policy Analysis Exercise: Qualitative Differences in Competitive Cable Markets Brown University B.A. magna cum laude, Public Policy and American Institutions, May 1990 Honors paper on Implementation of United States Refugee Resettlement Policy Cambridge, MA Cambridge, MA Providence, RI BAR/COURT ADMISSIONS: Massachusetts (admitted 1997) New York (admitted 1997) District of Columbia (admitted 1998) U.S. Supreme Court (2002) U.S. District Court for the District of Columbia (2002) HONORS/AWARDS: Chambers USA: America's Leading Lawyers for Business Outstanding Young Healthcare Lawyers, Nightingale s Healthcare News 2008 MEMBERSHIPS: American Health Lawyers Association New York State Bar Association District of Columbia Bar Association OTHER EXPERIENCE: Abt Associates, Inc. Cambridge, MA Research Assistant Research and writing associated with evaluation and implementation of federal programs. Subject areas included: alternative health care coverage and payment systems under Medicare and Medicaid, state reporting requirements for university financial systems. Resume of Charles A. Luband, page 2
75 PUBLICATIONS: D. Barry, C. Luband, H. Lutz, The Impact of Health Reform Legislation on Medicare, Medicaid and CHIP, in Healthcare Reform Law Resource Guide (American Health Lawyers Association 2010). C. Luband, What Happened to the Bush Medicaid Regulations?, Dennis Barry s Reimbursement Advisor (Sept. 2009). C. Luband, Medicaid Financing, in 2009 Medicare and Medicaid Reimbursement Update (Aspen 2009). C. Luband, Emergency Preparedness for Hospitals and the Healthcare Marketplace, 58 Admin. L. Rev. 575 (2006). C. Luband, CMS Targets Intergovernmental Transfers, Dennis Barry s Reimbursement Advisor (Oct. 2004). B. Eyman, C. Lubinsky (former name), J. Rocchio, A. Yount, & L. Gage, National Association of Public Hospitals and Health Systems, Strengthening the Health Care Safety Net: Investing in Infrastructure (1998). C. Lubinsky, Reconsidering Retransmission Consent: An Examination of the Retransmission Consent Provisions (47 U.S.C. 325(b)) of the 1992 Cable Act, 49 Fed. Comm. L.J. 99 (1996). NOTABLE PRESENTATIONS: Medicaid Supplemental Payments and Financing Issues, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, (with various copresenters). ACOs and Medicaid: Challenges and Opportunities, Ropes & Gray ACO Webinar Series, March 23, Legal Update Panel, National Medicare RAC Summit, March 11, Medicaid MIC, RAC, and IG Audits, National Medicare RAC Summit Panel Discussion, March 10, The Impact of Healthcare Reform Legislation on Medicare, Medicaid and CHIP, American Health Lawyers Association Health Reform Program, May 10, 2010 & December 6, 2010 (with Dennis Barry and Holley Lutz). Health Care Reform Implementation: Provider Payment Issues, National Association of Public Hospitals and Health Systems Health Reform Webinar Series, May 20, 2010 (with Barbara Eyman). Reimbursement for Graduate Medical Education Under Medicaid, American Health Lawyers Association Conference Regarding Legal Issues Affecting Academic Medical Centers and Other Teaching Institutions, Jan. 29, Are We Dead Yet? The Moratorium Morass, National Health Law Program Health Advocates Conference, Dec. 8, 2008 (with Judy Solomon). Resume of Charles A. Luband, page 3
76 Medicaid Regulations Under Moratorium, American Bar Association Health Law Section Washington Healthcare Summit, Nov. 18, 2008 (with Kate Leeson). Medicaid DSH, UPL, and Other Supplemental Payments, American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues, (with various co-presenters). Symposium Participant, American University Washington College of Law Symposium on Innovative State Health Care Initiatives Panel on Uniformity in Health Care Regulation, Feb. 13, Guest Speaker, CMS Medicaid Financial Summit, July 11-13, What Everyone Needs to Know About the Deficit Reduction Act of 2005, American Health Lawyers Association Annual Meeting, Hospitals & Health Systems; Physician Organizations; and Regulation, Accreditation, & Payment Practice Groups Joint Annual Luncheon, June 28, 2006 (co-presenter). Symposium Participant, Cracks in the System: The Adequacy of the U.S. Healthcare Regulation in a Global Age, The 2006 Administrative Law Review Symposium, March 2, Overview of the 340B Drug Discount Program, Georgia Hospital CFO Working Group, Feb. 9, The Medicare Prescription Drug, Improvement and Modernization Act of 2003 Revisited: Rural Provider, Disproportionate Share and Other Medicaid Considerations, Georgia Academy of Healthcare Attorneys, May 17, The Veterans Health Administration in the Process of Transformation, University HealthSystem Consortium Veterans Administration Strategy Forum, March 23, 2004 (with W. Bruce Shirk). Hospital Implications of the Medicare Prescription Drug, Improvement And Modernization Act of 2003, Georgia Hospital Association Compliance Officers Roundtable, January 16, 2004 (with Robert Falk). Maintaining A Viable Health Care Safety Net: The Challenges of Rising Uncompensated Care, National Association of Counties, July 15, Numerous conference presentations to members of the National Association of Public Hospitals and Health Systems (NAPH) including: Which Way Will It Go? Medicaid at a Crossroads Implications of Proposed Medicaid Financing and Public Provider Payment Rule Medicaid DSH, UPL & IGTs: Current Political Environment Federal Update on Intergovernmental Transfers and CMS Oversight Financing for Publicly Sponsored Patients 101 Uncertainty in Medicaid: An Update on Federal Oversight DSH, UPL, IGT and other Four-Letter Words DSH101: An Introduction to the Medicaid DSH Program CMS Addresses Gray Areas In EMTALA Enforcement EMTALA: New Requirements & Current Developments EMTALA: Friend or Foe Resume of Charles A. Luband, page 4
77 Glynis Malcolm Corporate Counsel, Regulatory Affairs Sun Healthcare Group Dually licensed as an attorney and a registered nurse in California, Washington and Mississippi, Ms. Glynis Malcolm has 30 years of experience in a variety of capacities in the health care arena. She began her career as a registered nurse in acute care at Long Beach Memorial Medical Center in Beginning in 1987, she transitioned to the home health/hospice/intravenous therapy arena as Director of Health Care Services for Professional Nurses Bureau. In 1993, she attended law school, while continuing to work in the acute care setting. She became part of the medical malpractice defense litigation team for O Flaherty, Cross, Martinez, Hattan and Ovando in 1996 and served as an associate attorney for Fonda and Fraser, LLP beginning in After joining Sun Healthcare Group, Inc. in 2007 as corporate counsel for litigation, Ms. Malcolm became corporate counsel for regulatory affairs in In this capacity, she is responsible for handling all regulatory aspects of the company and its subsidiaries, from skilled nursing facilities and hospice care to outpatient rehabilitation and nursing/therapy placement. She received her B.S. in nursing from the University of Southern Mississippi in 1981 and a J.D. from Southwestern University School of Law in 1995.
78 Ari J. Markenson Of Counsel Mr. Markenson is Of Counsel with the firm's Health Care Practice Group. He has spent his career at the intersection of health care, law and business. Mr. Markenson is experienced in counseling health care industry clients, including providers and payers, and has specific expertise in the representation of post-acute care providers. Mr. Markenson assists health care clients on mergers and acquisitions, due diligence, corporate and business matters, legal and regulatory compliance issues, including requirements and conditions for participation, fraud and abuse, HIPAA and survey, certification and enforcement issues, administrative proceedings, obtaining certificate of need approval and state licensure, health care decision making and refusal of treatment issues. T: F: Assistant Contact Roisin Baird White Plains White Plains Center 50 Main Street, Suite 1000 White Plains, NY US Prior to joining Benesch, Mr. Markenson served as Deputy General Counsel for Cypress Health Care Management LLC/The Schwartzberg Companies, a post-acute care and senior housing management company with nursing home, assisted living, rehabilitation therapy, hospital, pharmacy, DME and group purchasing business operations in 10 states. Mr. Markenson speaks and publishes regularly for well-known health care organizations on topics related to health care law and business. Additionally, he is a Past Chair ( ) of the New York State Bar Association - Health Law Section and still serves on its Executive Committee. He is also a Vice Chair of the AHLA, LTC-SIR Practice Group. He is the co-editor of AHLA's 50 State Survey of Licensure and Certificate of Need Laws for Nursing Homes, Assisted Living, Home Health and Hospice. Mr. Markenson is an Adjunct Associate Professor at the University of Maryland University College, Graduate School of Management and Technology, where he teaches courses in Long-Term Care Administration and Legal Aspects of Health Care Administration. In addition, he is a Lecturer at the School of Health Sciences and Practice at New York Medical College, where he teaches Health Care in the U.S., Law and Health and Management of Long Term Care Facilities. He is also an Adjunct Associate Professor of Law at Brooklyn Law School where he teaches a health law practice workshop. PRACTICE GROUPS AND FOCUS AREAS Health Care Administrative and Regulatory Fraud and Abuse Compliance Business Transactions Long Term Care Pharmacy Medicare and Medicaid Reimbursement Private Equity/Health Care Private Equity MEMBERSHIPS/AFFILIATIONS Immediate Past Chair ( ), Executive Committee Member and Member, Health Law Section, New York State Bar Association Member and Vice Chair, Long-term Care, Senior Housing, In-home Care and Rehabilitation Practice Group of the American Health Lawyers Association Member, American College of Healthcare Executives Member, Health Law and Business Section of the American Bar Association Member, Legal Committee of the American Health Care Association Member, Editorial Advisory Board of Eli Research Inc.'s Long-Term Care Survey Alert Member, Board of Directors of Providence Rest OTHER DISTINCTIONS Listed, "Outstanding Young Healthcare Lawyer" by Nightingale's Healthcare News (2004) Listed, The Best Lawyers in America 2012 (Copyright 2012 by Woodward/White, Inc., of Aiken, SC) Listed, Super Lawyers New York - Metro Area EDUCATION Brooklyn Law School, 1996, J.D. Columbia University School of Public Health, 1998, Master of Public Health, Health Policy and Management Syracuse University, 1993, B.A. COURT AND BAR ADMISSIONS/ASSOCIATIONS Admitted, New York State Admitted, United States District Court for the Southern District of New York Admitted, United States District Court for the Northern District of New York Admitted, District of Columbia Member, New York State Bar Association Member, District of Columbia Bar Association NEWS
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