Long Term Care and the Law

Transcription

1 American Health Lawyers Association Long Term Care and the Law February 25-27, 2013 Austin, TX Speakers Biographies

2 2013 Long Term Care and the Law Faculty List Elyse Aasen, Esq. Corporate Counsel Extendicare Health Services, Inc. 111 West Michigan Street Milwaukee, WI Phone: (414) Fax: (414) V. Legal Ethics: Identifying and Resolving Legal and Business Conflicts in Integrated Care John Asencio Senior Vice President Aon Hewitt Consulting 199 Water Street New York, NY Phone: (212) Q. Insurance Benefits: ACA Employer Obligations David C. Beck, Esq. Chief Legal Officer Golden Living 7160 North Dallas Parkway, Suite 100 Plano, TX Phone: (972) Fax: (972) V. Legal Ethics: Identifying and Resolving Legal and Business Conflicts in Integrated Care Caroline J. Berdzik, Esq. Goldberg Segalla LLP 902 Carnegie Center, Suite 100 Princeton, NJ Phone: (609) Fax: (609) M. Providing Resident Centered Care while Avoiding Risks and Liability in Assisted Living James M. Berklan Editor McKnight's Long-Term Care News McKnight s Assisted Living 900 Skokie Boulevard, Suite 114 Northbrook, IL Phone: (847) Fax: (847) [email protected] Keynote Address Brad Berkshire, CCE Vice President of Consulting Services Planet Data Solutions, Inc. 555 Taxter Road Elmsford, NY Phone: (914) [email protected] Interactive Discussion Group 1: Managing Government Subpoena Responses in the E-Discovery World Maribeth Bersani Senior Vice President, Public Policy & Government Relations Assisted Living Federation of America 1650 King Street, Suite 602 Alexandria, VA Phone: (703) [email protected] D. Assisted Living State Legislative and Regulatory Trends Michael D. Brent, Esq. Bradley Arant Boult Cummings LLP 1600 Division Street, Suite 700 Nashville, TN Phone: (615) Fax: (615) [email protected] W. Legal Implications of Social Media Use in Aging Services Settings 1

3 2013 Long Term Care and the Law Faculty List Kenneth L. Burgess, Esq. Poyner Spruill LLP 301 Fayetteville Street, Suite 1900 Raleigh, NC Phone: (919) Fax: (919) FF. The Emerging Concept of Surplus Safety and Its Potential Implications for SNFs Daniel E. Burke, Esq. Graydon Head & Ritchey LLP 511 Walnut Street, Ste 1900 Fifth Third Center Cincinnati, OH Phone: (513) Fax: (513) W. Legal Implications of Social Media Use in Aging Services Settings David Cade, Esq. Deputy General Counsel US Department of Health and Human Services Office of the General Counsel Room 4541, Cohen Building Washington, DC Phone: (202) Fax: (202) Michael W. Cheek Vice President, Medicaid and Long Term Care Policy American Health Care Association 1201 L Street, NW Washington, DC [email protected] EE. Managed Long Term Care Programs for Medicaid and Medicare Matthew Clark, Esq. Hooper Lundy & Bookman PC 575 Market Street, Suite 2300 San Francisco, CA Phone: (415) Fax: (415) [email protected] C. Case Law Update Kevin S. Cooman, Esq. McConville Considine Cooman & Morin PC 25 East Main Street, Suite 500 Rochester, NY Phone: (585) Fax: (585) [email protected] O. The Long Road to Justice and $25 Million: The Beechwood Litigation Saga Dolly M. Curley, RN, BSHCA, BSN, DABFN, LNCC Senior Manager of Compliance Simione Healthcare Consultants LLC 1700 West Park Drive, Suite 180 Westborough, MA Phone: (203) Fax: (610) [email protected] F. ZPIC / RAC Audits What You Need to Know Brian E. Danaher, Esq. Vice President and Assistant General Counsel Benchmark Senior Living 40 William Street, Suite 350 Wellesley, MA Phone: (781) Fax: (781) [email protected] QQ. Dementia Care: The Collision of Reality and Theory in Assisted Living 2

4 2013 Long Term Care and the Law Faculty List Brian M. Daucher, Esq. Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive, 4 th Floor Costa Mesa, CA Phone: (714) Fax: (714) [email protected] F. ZPIC / RAC Audits What You Need to Know Dianne J. De La Mare, Esq. Vice President of Legal Affairs American Health Care Association 1201 L Street, NW Washington, DC Phone: (202) Fax: (202) [email protected] William A. Dombi, Esq. Vice President for Law National Association for Homecare 228 7th Street, SE Washington, DC Phone: (202) Fax: (202) [email protected] Home Health and Hospice Introductory Session E. Legislative and Regulatory Update for Home Health and Hospice Theresa Edelstein, MPH, LNHA Vice President, Post-Acute Care Policy & Special Initiatives New Jersey Hospital Association 760 Alexander Road Princeton, NJ Phone: (609) [email protected] HH. Value-Based Purchasing Initiatives and Post Acute Care Providers An Overview of the Legislative and Regulatory Landscape Susan A. Edwards, Esq. Reed Smith LLP 1301 K Street, NW Suite 1100, East Tower Washington, DC Phone: (202) Fax: (202) [email protected] C. Case Law Update Ellen Evans, MD Corporate Medical Director Health Data Insights 7501 Trinity Peak Street Suite 210 Las Vegas, NV ellen.evans@ hdi.com CMS Recovery Audit Program - Business As Usual Janet K. Feldkamp, Esq. Benesch Friedlander Coplan & Aronoff LLP 41 S High Street, Suite 2600 Columbus, OH Phone: (614) Fax: (614) [email protected] S. Understanding the Troubled Facilities Alphabet: SFF, SIA, DAB, CIA, PI and Transparency Diane E. Felix, Esq. Armstrong Teasdale LLP 7700 Forsyth Boulevard, Suite 1800 Saint Louis, MO Phone: (314) Fax: (314) [email protected] OO. Analyzing and Minimizing HIPAA/HITECH Risk for Post Acute Care Providers 3

5 2013 Long Term Care and the Law Faculty List Paul A. Gordon, Esq. Hanson Bridgett LLP 425 Market Street, 24 th Floor San Francisco, CA Phone: (415) Fax: (415) U. Structuring a Hospital-to-Home Transition Program T. Andrew Graham, Esq. Hall Booth Smith & Slover PC 191 Peachtree Street, NE Suite 2900 Atlanta, GA Phone: (404) Fax: (404) [email protected] M. Providing Resident Centered Care while Avoiding Risks and Liability in Assisted Living Denise K. Harris, MSW, LSW D. K. Harris Consulting Associates LLC 6113 Charing Cross Mechanicsburg, PA Phone: (717) Fax: (717) [email protected] J. Home Health and Hospice Transactions: Traps for the Unwary Scot T. Hasselman, Esq. Reed Smith LLP 1301 K Street, NW Suite 1100, East Tower Washington, DC Phone: (202) Fax: (202) [email protected] PP. Yes, the Government Really Is out to Get You Speed Traps, Cash Flow, and the Privatization of Fraud Control and Detection Kathleen A. Hessler, Esq. HealthCare Law Consulting LLC 1605 Sagebrush Trail, SE P.O. Box Albuquerque, NM Phone: (505) [email protected] L. Ethical Advice in the Legal and Regulatory World of Caregivers and Providers Jennifer L. Hilliard, JD, MMH Public Policy Attorney LeadingAge 2519 Connecticut Avenue, NW Washington, DC Phone: (202) Fax: (202) [email protected] B. Legislative and Regulatory Update for Skilled Nursing Facilities Alan C. Horowitz, Esq. Arnall Golden Gregory LLP th Street, NW Suite 2100 Atlanta, GA Phone: (404) Fax: (404) [email protected] KK. Litigating the Long Term Care Case: The View from Both Sides Annaliese Impink, Esq. Senior Vice President and Chief Operations Counsel SavaSeniorCare Consulting LLC 1 Ravinia Drive, Suite 1500 Atlanta, GA Phone: (678) Fax: (678) [email protected] I. Nursing Facility Introductory Session 4

6 2013 Long Term Care and the Law Faculty List Ruta Kadonoff Vice President for Quality and Regulatory Affairs American Health Care Association 1201 L Street, NW Washington, DC Phone: (202) [email protected] FF. The Emerging Concept of Surplus Safety and Its Potential Implications for SNFs Thomas J. Kapusta, Esq. Chief Legal Officer Evangelical Lutheran Good Samaritan Society P.O. Box West 57 th Street Sioux Falls, SD Phone: (605) Fax: (605) [email protected] T. Assisted Living Lease and Management Contracts: Considerations for the Drafter Pamela S. Kaufmann, Esq. Hanson Bridgett LLP 425 Market Street, Floor 26 San Francisco, CA Phone: (415) Fax: (415) [email protected] Interactive Discussion Group 2: Care at Home: An Evolving Landscape J. Richard Kiefer, Esq. Bingham Greenebaum Doll LLP 10 West Market Street, Suite 2700 Indianapolis, IN Phone: (317) Fax: (317) [email protected] Y. From Penn State to Corporate Board Rooms Making Compliance Programs Effective Suzanne Koenig SAK Management Services LLC One Northfield Plaza, Suite 480 Northfield, IL Phone: (847) [email protected] CC. Workout: The Spectrum of Options when in a Troubled Situation David A. Kyllo Executive Director National Center for Assisted Living 1201 L Street, NW Washington, DC Phone: (202) Fax: (202) [email protected] D. Assisted Living State Legislative and Regulatory Trends William Clay Landa, Esq. Hancock Daniel Johnson & Nagle PC 4701 Cox Road Glen Allen, VA Phone: (804) Fax: (804) [email protected] Interactive Discussion Group 1: Managing Government Subpoena Responses in the E-Discovery World Paul A. Lang, Esq. Rolf Goffman Martin Lang Co LPA Chagrin Boulevard 350 Corporate Circle Cleveland, OH Phone: (216) Fax: (216) [email protected] J. Home Health and Hospice Transactions: Traps for the Unwary 5

7 2013 Long Term Care and the Law Faculty List Kimber L. Latsha, Esq. Latsha Davis & McKenna PC 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA Phone: (717) Fax: (717) X. Moving the Regulatory Requirements from Nursing Home to Assisted Living Joanne R. Lax, Esq. Dykema Gossett PLLC Woodward Avenue, Suite 300 Bloomfield Hills, MI Phone: (248) Fax: (248) LL. The Role of Protection and Advocacy Systems in SNFs: Self-Proclaimed Caped Crusaders or Important Allies? Charles C.H. Lee, Esq. Moore & Lee LLP 1650 Tysons Boulevard, Suite 1150 McLean, VA Phone: (703) Fax: (703) NN. Management of Litigation W. Holmes Lilley, III Health Data Insights 7501 Trinity Peak Street Suite 210 Las Vegas, NV Phone: (702) Fax: (702) CMS Recovery Audit Program - Business As Usual Adam D. Lynch Vice President Principle Valuation LLC 230 West Monroe Street, Suite 2540 Chicago, IL Phone: (312) Fax: (312) [email protected] CC. Workout: The Spectrum of Options when in a Troubled Situation Stephen J. Maag, JD Director, Residential Communities LeadingAge 2519 Connecticut Avenue, NW Washington, DC Phone: (202) [email protected] X. Moving the Regulatory Requirements from Nursing Home to Assisted Living Brian J. Maas, Esq. Senior Vice President, Associate General Counsel HCP, Inc Kilroy Airport Way, Suite 300 Long Beach, CA Phone: (562) [email protected] JJ. Where the Money Is - REIT Financing in Senior Housing Acquisitions Patricia MacTaggart, MBA, MMA Lead Research Scientist and Lecturer George Washington University 2121 Eye Street, NW Washington, DC Phone: (202) [email protected] GG. The Future and Potential of Health Information Technology in Long Term Care 6

8 2013 Long Term Care and the Law Faculty List Robert Wayne Markette, Jr., CHC, Esq. Benesch Friedlander Coplan & Aronoff LLP One American Square, Suite 2300 Indianapolis, IN Phone: (317) Fax: (317) R. Home Care Enforcement and Intermediate Sanctions: Preparing for a New Enforcement Reality after the 2013 Home Health Final Rule David C. Marshall, Esq. Latsha Davis & McKenna PC 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, PA Phone: (717) Fax: (717) [email protected] K. Overview of Long Term Care Hospitals and Inpatient Rehabilitation Facilities and Their Role in the Post Acute Care Continuum Keith A. Mauriello, Esq. Arnall Golden Gregory LLP th Street, NW Suite 2100 Atlanta, GA Phone: (404) Fax: (404) [email protected] RR. Nursing Home Compliance Program Update Mandatory Compliance Programs Are Here and Where Should You be Focusing Your Internal Review Efforts Sean R. McKenna, Esq. Assistant U S Attorney US Attorney's Office for the Northern District of Texas 1100 Commerce Street 3 rd Floor Dallas, TX Phone: (214) Fax: (214) [email protected] BB. Government Fraud Concerns in Hospice and Home Health James F. Miles, Esq. Miles & Peters PC 450 East 17 th Avenue, Unit 220 Denver, CO Phone: (303) Fax: (303) [email protected] AA. Physician Contracting Legal and Operational Considerations Claire F. Miley, Esq. Bass Berry & Sims PLC rd Avenue South, Suite 2800 Nashville, TN Phone: (615) Fax: (615) [email protected] Z. Hospital/SNF Collaborations: Can Playing Well with Others Land You in the Principal s Office? Barbara L. Miltenberger, Esq. Husch Blackwell LLP P.O. Box East High Street Jefferson City, MO Phone: (573) Fax: (573) [email protected] S. Understanding the Troubled Facilities Alphabet: SFF, SIA, DAB, CIA, PI and Transparency 7

9 2013 Long Term Care and the Law Faculty List Lewis Morris, Esq. Adelman Sheff & Smith LLC 180 Admiral Cochrane Drive Annapolis, MD Phone: (410) Fax: (410) N. How and When to Disclose and Refund Overpayments Anthony J. Munns, Esq. Brown Smith Wallace LLC 1050 North Lindbergh Boulevard Saint Louis, MO Phone: (314) OO. Analyzing and Minimizing HIPAA/HITECH Risk for Post Acute Care Providers Matthew J. Murer, Esq. Polsinelli Shughart PC 161 North Clark Street, Suite 4200 Chicago, IL Phone: (312) Fax: (312) QQ. Dementia Care: The Collision of Reality and Theory in Assisted Living Anjana D. Patel, Esq. Sills Cummis & Gross PC One Riverfront Plaza Newark, NJ Phone: (973) Fax: (973) HH. Value-Based Purchasing Initiatives and Post Acute Care Providers An Overview of the Legislative and Regulatory Landscape Karl P. Polzer Senior Policy Director National Center for Assisted Living 1201 L Street, NW Washington, DC Phone: (202) Fax: (202) [email protected] D. Assisted Living State Legislative and Regulatory Trends E. Fredrick Preis, Jr., Esq. Breazeale Sachse & Wilson LLP 909 Poydras Street, Suite 1500 LL&E Tower New Orleans, LA Phone: (504) [email protected] W. Legal Implications of Social Media Use in Aging Services Settings Kelly A. Priegnitz, Esq. Senior Vice President and Chief Counsel, Nursing Home Division Kindred Healthcare, Inc. 680 South 4 th Street Louisville, KY Phone: (502) Fax: (502) [email protected] AA. Physician Contracting Legal and Operational Considerations Christopher C. Puri, Esq. Bradley Arant Boult Cummings LLP 1600 Division Street, Suite 700 Nashville, TN Phone: (615) Fax: (615) [email protected] EE. Managed Long Term Care Programs for Medicaid and Medicare 8

10 2013 Long Term Care and the Law Faculty List Brian R. Purtell, Esq. DeWitt Ross & Stevens 2 East Mifflin Street, Suite 600 Madison, WI Phone: (608) Fax: (608) [email protected] T. Assisted Living Lease and Management Contracts: Considerations for the Drafter Deborah A. Randall, Esq. Law Office of Deborah Randall th Street, SE Washington, DC Phone: (202) Fax: (202) [email protected] E. Legislative and Regulatory Update for Home Health and Hospice Mark E. Reagan, Esq. Hooper Lundy & Bookman PC 575 Market Street, Suite 2300 San Francisco, CA Phone: (415) Fax: (415) [email protected] A. Coordinating Care for Dual Eligibles: Impact of the CMMI Demonstration on Post Acute and Long Term Care Providers Vicki L. Robinson, Esq. Senior Counselor for Policy US Department of Health and Human Services Office of the Inspector General 330 Independence Avenue, SW Room 5227 Washington, DC Phone: (202) Fax: (202) [email protected] S. Understanding the Troubled Facilities Alphabet: SFF, SIA, DAB, CIA, PI and Transparency Richard L. Routman, Esq. Assistant Regional Counsel Office of the General Counsel Department of Health and Human Services 601 East 12 th Street, Roomm 1711 Kansas City, MO Phone: (816) Fax: (816) [email protected] KK. Litigating the Long Term Care Case: The View from Both Sides Elizabeth V. Rust, CPA Plante & Moran PLLC Northwestern Highway Southfield, MI Phone: (248) Fax: (248) [email protected] G. Transform and Reform! Transitioning Long Term Care Providers into Post Acute Care Partners Alan E. Schabes, Esq. Benesch Friedlander Coplan & Aronoff LLP 200 Public Square, Suite 2300 Cleveland, OH Phone: (216) Fax: (216) [email protected] Todd J. Selby, Esq. Hall Render Killian Heath & Lyman PC One American Square, Suite 2000 P.O. Box Indianapolis, IN Phone: (317) Fax: (317) [email protected] 9

11 2013 Long Term Care and the Law Faculty List Donna J. Senft, Esq. OBER KALER 100 Light Street Baltimore, MD Phone: (410) Fax: (410) DD. Problem Solving with Revalidation and CHOW Richard L. Shackelford, Esq. King & Spalding LLP 1180 Peachtree Street, NE Atlanta, GA Phone: (404) Fax: (404) BB. Government Fraud Concerns in Hospice and Home Health Suzanne Sheldon, Esq. Director of Risk Management and Corporate Compliance Lutheran Senior Services 1150 Hanley Industrial Court Saint Louis, MO Phone: (314) Fax: (314) OO. Analyzing and Minimizing HIPAA/HITECH Risk for Post Acute Care Providers Raymond Sierpina Vice President of Public Policy & Government Affairs Kindred Healthcare, Inc. 680 South 4 th Street Louisville, KY Phone: (502) [email protected] B. Legislative and Regulatory Update for Skilled Nursing Facilities John Stearns Navigant Consulting 1180 Peachtree Street, NE Suite 1900 Atlanta, GA Phone: (404) Fax: (240) [email protected] RR. Nursing Home Compliance Program Update Mandatory Compliance Programs Are Here and Where Should You be Focusing Your Internal Review Efforts Jill A. Steinberg, Esq. Arent Fox LLP 1675 Broadway, 33 rd Floor New York, NY Phone: (212) Fax: (212) [email protected] CC. Workout: The Spectrum of Options when in a Troubled Situation Daniel Z. Sternthal, Esq. Seyfarth Shaw LLP 700 Louisiana, Suite 3700 Houston, TX Phone: (713) Fax: (713) [email protected] P. Fair Housing Compliance in Senior Housing and Assisted Living Kirstin B. Sumner, Esq. Associate General Counsel Brookdale Senior Living, Inc. 515 North State Street, Suite 1750 Chicago, IL Phone: (312) Fax: (414) [email protected] Z. Hospital/SNF Collaborations: Can Playing Well with Others Land You in the Principal s Office? 10

12 2013 Long Term Care and the Law Faculty List Maria Terry, ARM, CIC Senior Vice President Lockton Companies, LLC 8110 East Union Avenue, Suite 700 Denver, CO MM. The Changing Liability Marketplace: How Senior Living Operators are Managing Professional Liability, Employment Practices Liability, and Billing Errors and Omissions Jane Hyatt Thorpe, JD Department of Health Policy School of Public Health and Health Services George Washington University 2021 K Street, NW Suite 800 Washington, DC Phone: (202) [email protected] Robert J. Tomaso, Esq. Husch Blackwell LLP 190 Carondelet Plaza, Suite 600 St. Louis, MO Phone: (314) Fax: (314) [email protected] GG. The Future and Potential of Health Information Technology in Long Term Care Betty J. Ulmer, Esq. Associate General Counsel Brookdale Senior Living, Inc West Washington Street, Suite 2300 Milwaukee, WI Phone: (414) Fax: (414) [email protected] P. Fair Housing Compliance in Senior Housing and Assisted Living Lisa Diehl Vandecaveye, Esq. Corporate Vice President Legal Affairs Botsford Health Care Grand River Avenue Farmington Hills, MI Phone: (248) Fax: (248) [email protected] G. Transform and Reform! Transitioning Long Term Care Providers into Post Acute Care Partners Susan M. Voigt, Esq. Voigt Rodé & Boxeth LLC 2550 University Avenue West Suite 190 South Saint Paul, MN Phone: (651) Fax: (651) [email protected] L. Ethical Advice in the Legal and Regulatory World of Caregivers and Providers Chad C. White, Esq. Associate General Counsel Brookdale Senior Living Inc. 111 Westwood Place, Suite 400 Brentwood, TN Phone: (615) [email protected] JJ. Where the Money Is - REIT Financing in Senior Housing Acquisitions Danielle White, Esq. Greenberg Traurig, LLP 2101 L Street, NW Suite 1000 Washington, DC Phone: (202) Fax: (202) [email protected]@gtlaw.com Q. Insurance Benefits: ACA Employer Obligations 11

13 2013 Long Term Care and the Law Faculty List Don L. Yoder Chief Development and Chief Compliance Officer Vibra Healthcare LLC 4550 Lena Drive, Suite 225 Mechanicsburg, PA Phone: (717) Fax: (717) K. Overview of Long Term Care Hospitals and Inpatient Rehabilitation Facilities and Their Role in the Post Acute Care Continuum Darrell D. Zurovec, Esq. Darrell D. Zurovec PLLC 1705 South Capital of Texas Highway Suite 100 One Westlake Plaza Austin, TX Phone: (512) Fax: (512) N. How and When to Disclose and Refund Overpayments Douglas C. Yohe, Esq. Senior Vice President and General Counsel Vibra Healthcare LLC 4550 Lena Drive, Suite 225 Mechanicsburg, PA Phone: (717) Fax: (717) K. Overview of Long Term Care Hospitals and Inpatient Rehabilitation Facilities and Their Role in the Post Acute Care Continuum 12

14 Elyse Aasen s Curriculum Vitae/Biography: Legal Experience Extendicare Health Services, Inc. Corporate Counsel, February 2007 to present Managing attorney for all nursing home and rehabilitation clinic regulatory issues, including licensure and Medicare and Medicaid Certification. This includes managing regulatory issues during acquisition and divestitures. Managing attorney for contract review process and review operational and managed care contracts. Developed contract review process and lead attorney for development of contract review database implementation. o Provide assistance and guidance with contract disputes Advise executive, facility operators, clinicians and risk management on matters including regulatory and compliance issues, reimbursement, internal and external investigations, survey issues and policies and procedures. o Provide training on advanced directive and resident decision making issues. o Advise on complex facility operational issues concerning resident noncompliance, visitor concerns and noncompliance, physician and/or vendor concerns and other third party issues. Law Office of Cristina Mondragón, Racine, Wisconsin Legal Associate, May 2004 to March 2005 and October 2006 to February 2007 Prepared briefs in areas of family law, criminal law, municipal law, contracts, business law and intentional torts Drafted correspondence to clients, attorneys, and judges Drafted discovery requests including interrogatories and requests to admit Drafted pleadings and court documents including quit claim deeds, summons, complaints, witness lists, motions for summary judgment, orders and other motions Drafted documents for divorces, custody disputes, breach of contract cases and social security disability requests Legal Aid Society of Milwaukee, Milwaukee, Wisconsin Legal Intern, May 2005 to August 2005 Prepared briefs in the areas of health law, social security disability, disability law, and municipal zoning law Prepared documents for Milwaukee Convenient Lending Task Force on municipal zoning laws and payday lenders Marquette University Law School, Professor Jessica Price, Milwaukee, Wisconsin Research Assistant, September 2005 to May 2006 Edited research paper (including text and footnotes) regarding legal writing teaching methods, for publication Researched for future paper on history and critique of legal writing education Professional Development Activities Member of American Health Care Association Legal Committee 2011 present

15 Member of American Health Lawyers Association Practice Groups Regulatory, Accreditation and Payment and Fraud and Abuse Education Marquette University Law School, Milwaukee, Wisconsin Juris Doctor, May 2006 Activities: Arbitration Team, National Arbitration Competition, Fall 2005 Student Animal Legal Defense Fund Secretary Alternative Dispute Resolution Member Association of Women Lawyers Member Honors: CALI Excellence for the Future Award Spring 2006 University of Minnesota, Minneapolis, Minnesota Bachelor of Arts, May 2003 Double major: History and Political Science Minor: French Activities: United Nations Student Association Secretary and Head Delegate Campus Orchestra Violin Study Abroad Université Paul Valéry, Montpellier, France, Spring 2001 Bar Admission State Bar of Wisconsin Skills and Interests Fluent in French University of Wisconsin Milwaukee Community Orchestra violin

16 David C. Beck, Senior Vice President and Chief Legal Officer, Golden Living David Beck has been practicing health care law since 1985, with a particular emphasis on long term care issues. He is currently serving as Senior Vice President and Chief Legal Officer for Golden Living, a family of companies that provide a wide variety of health care and services. Golden Living companies operate skilled nursing facilities, hospices, and home health agencies and provide rehabilitation therapy and healthcare staffing services. As Chief Legal Officer, Mr. Beck is responsible for ensuring effective legal guidance in all phases of the companies operations, advising the Board and management on legal strategy and business matters, and oversight of compliance, state and federal government relations, communications, and public affairs. Mr. Beck served as General Counsel Healthcare for Beverly Enterprises, Inc. from June 2000 until March 2006, and before that was a partner with Powers Pyles Sutter and Verville serving health care clients. From 1993 through 2003, he was Executive Director of the District of Columbia Health Care Association. After graduating from the University of Oregon, he earned his law degree from the University of Virginia in 1982.

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19 J. Brad Berkshire, CCE Planet Data Vice President, Consulting Services As the Vice President of Consulting Services for Planet Data, Mr. Berkshire manages the Data Acquisition Group within Planet Data and consults with clients in the areas of litigation and discovery management. He has over 15 years experience providing e discovery and technology solutions to a variety of business organizations. Mr. Berkshire was recently awarded the credential of Certified Computer Examiner (CCE) by the International Society for Computer Examiners (ISFCE). The ISFCE is an internationally recognized organization with the primary goal of creating and maintaining high standards for computer examiners worldwide. The CCE credential demonstrates competency and legitimacy in computer forensics. Brad frequently speaks at educational sessions, both for prominent law firms and industry conferences. Recently he conducted CLE s on concept searching to Minneapolis based Robbins Kaplan and New York based Willkie Farr, and presented an in depth discussion on processing at the Corporate ediscovery Forum in New York. Prior to joining the Planet Data team, Mr. Berkshire was the Director of Litigation Technology at LeClairRyan, a Richmond based law firm with 21 offices and over 350 attorneys. He provided practice oriented technology solutions to all areas of LeClairRyan and also served as head of the firm s litigation technology services group. In addition, Mr. Berkshire directed all technology operations for the firm s large scale e discovery projects and provided e discovery preparedness consulting and e discovery management services to clients of the firm. Prior to joining LeClairRyan, Mr. Berkshire was the principal owner of Seltek, Inc., an e discovery and technology services consulting firm. His consulting practice at Seltek included providing e discovery preservation, data acquisition, and discovery management services to large organizations. He also directed technology operations for several small to mid sized law firms and professional services firms. Prior to becoming a consultant, Mr. Berkshire spent eight years as the as the Director of Information Systems for the national law firm of Wright, Robinson, Osthimer & Tatum. During his tenure at Wright, Robinson, he managed all information systems

20 projects, including the design and development of the firm s 250 seat discovery review center. Mr. Berkshire has a B.A., Business/Economics, Randolph Macon College. Recent Representational Presentations E Discovery 101 Co instructor guest speaker University of Richmond School of Continuing Studies. Paralegal Studies March 2012 Discovery Collection and Discovery Processing Issues and Concerns Co presenter Corporate E Discovery Forum Regional Meeting Legal Tech New York, February 2012 Conceptual Searching Primary speaker CLE presented by Planet Data Held at various client locations Discovery Data Acquisition Primer Presenter Educational Seminar sponsored by Planet Data Solutions Held at various client locations

21 Maribeth Bersani Maribeth Bersani has worked in the field of aging for 30 years. Currently she is Senior Vice President of Public Policy for the Assisted Living Federation of America. ALFA is the largest trade association representing assisted 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 Masters Degree in Gerontology from the Leonard Davis School of Gerontology at the University of Southern California.

22 Michael D. Brent, Esq. Partner with the law firm of Bradley Arant Boult Cummings, LLP; chair of Long Term Care and Senior Housing, and Certificate of Need teams within the Firm s Healthcare Group. 33 years experience in areas of transactional, regulatory, operational, and related health care matters. Community leadership and volunteerism with a variety of non-profit organizations, including long term care providers. Distinctions: The Best Lawyers in America, Health Care Law; Mid-South Super Lawyers, Health Care Law; Expert Guide to the Leading US Healthcare Lawyers Experienced presenter. Mr. Brent has presented this same topic with Mr. Burke and Mr. Preis to the LeadingAge PEAK Conference in April, 2012 and to the LeadingAge Annual Conference in October, Graduate (1979) of University of Florida College of Law, LLM (Taxation) and Memphis State University, J.D. (1977) Married for 35 years with 2 children.

23 Kenneth L. Burgess Partner Areas of Experience Administrative Law Emerging Technology Health Law Regulatory Practice 301 Fayetteville Street, Suite 1900, Raleigh, NC t: P.O. Box 1801, Raleigh, NC f: Ken is a long term care attorney advising clients on a wide variety of legal planning issues arising in the skilled nursing facility setting, assisted living setting, and other spheres of long term care. He is a frequent national lecturer and author of industry manuals, national trade journal magazine articles and similar training tools. He serves Poyner Spruill clients by focusing on legal issues impacting the long term care and health services sector. Representative Experience Advised skilled nursing facilities, assisted living communities, and related long term care vendors on licensure, certification, survey, fraud and abuse, operations, risk management, certificate of need and business issues. Served as Senior Counsel to the national long term care trade association in Washington, D.C., where he was responsible for administering the Association s legal assistance fund litigation, and overseeing all regulatory, facility operations, and clinical staff of the association. Served as General Counsel to ALFA, the national assisted living trade association in Washington, D.C. Served as regulatory and policy counsel for numerous sales and acquisitions of skilled nursing facilities and assisted living communities in multiple states. Represented national assisted living and skilled nursing facility provider in high profile licensure revocation action of multiple facilities in Washington State resulting in a favorable settlement and avoidance of involuntary de-licensure and permanent exclusion of the provider from the state. Negotiated a national exclusion from music licensing fee requirements for assisted living communities across the U.S. Education Campbell University, JD, 1984, cum laude Affiliate Faculty Member, ECU School of Medicine's Masters in Public Health Program/Long Term Care Administration University of North Carolina, BA, 1979 Professional and Community Activities North Carolina Society of Health Care Attorneys, Board Member, ; Immediate Past President, 2010; Chair, Innovations Committee, 2010; Co-Chair, Law School Grants Committee, 2010 American Health Care Association Legal Committee, Member, N.C. Medical Society Ethical and Judicial Affairs Committee, Legal Consultant and Member, North Carolina Bar Association, Health Law Law Council, 2010 American Health Lawyers Association North Carolina Autism Society, Past Member of the Board of Directors, Past Treasurer Future Care Foundation, Board Member, Affiliate Faculty Member, ECU School of Medicine's Masters in Public Health Program/Long Term Care Administration Member, National Legal Committee, American Health Care Association Co-Author, Nursing Facility-Hospice Contracts Under Medicare Conditions of Participation - One of National Law Review's Most Read Articles for

24 Served as the long term care industry representative on the first Negotiated Rulemaking Committee convened by the U.S. Department of Health and Human Services to create safe harbors from the criminal provisions of the federal Anti-Kickback Statute. Negotiated the first global settlement of multiple facility licensure and certification survey citations in California with the state Department of Health Services and the California Attorney General. Assisted California provider in defending one of the earliest quality of care fraud actions, including negotiating with the federal Office of the Inspector General to develop the provider s Corporate Compliance Agreement and related settlement documents. Represented state and national trade associations, and individual providers, on various issues impacting long term care providers, including negotiations with and representation before OSHA, the federal Office of the Inspector General, the U.S. Department of Health and Human Services Center for Medicaid and Medicare Services, and state licensure and survey agencies. Developed comprehensive advance directive policy for North Carolina long term care providers after enactment of the Patient Self- Determination Act. Worked with state trade association, providers and national accrediting organizations to develop assisted living accreditation standards. Recent Publications A Sign of the Times: Nonpayment of Resident Accounts, Transfer/Discharge and Related Issues Responding to an Audit? Be Prepared! Notable Accomplishments Recognized in The Best Lawyers in America (Health Care), J. F. Richardson Foundation National Volunteer of the Year, 2009 Jurisdictions Licensed North Carolina California Publications CON Laws: A National Compendium, April 2009 Co-Author, North Carolina Chapter of American Health Lawyers Association Long-Term Care Advisor: The New Medicare Hospice Conditions of Participation, May 2009 American Health Care Association's Corporate Compliance Guidance for Nursing Facilities, Former Editor, Prognosis, Joint Health Law Publication of North Carolina Bar Association and North Carolina Society of Health Care Attorneys Primary author, Designing Corporate Compliance Program: A Comprehensive Process, for the American Health Care Association, 2000, and the current revision of that manual completed in 2002 Author, Negotiated Risk Agreements in Assisted Living Communities, 2002 for The Assisted Living Federation of America, first comprehensive treatment of negotiated risk agreements in long term care, scheduled for revision 2004 Regular contributor to Provider Magazine, the national monthly long term care publication of the American Health Care Association

25 Daniel E. Burke, Esq. Partner with the law firm of Graydon Head; Chair of Firm s Labor & Employment Client Service Department. 24 years experience in areas of employment, human resources, health care and education Community leadership and volunteerism with a variety of non-profit organizations, including long term care providers. Highest attorney peer rating from Martindale ( AV ) and selected for Ohio Superlawyers recognition Experienced presenter. Mr. Burke has presented this same topic with Mr. Brent and Mr. Preis to the LeadingAge PEAK Conference in April, 2012 and to the LeadingAge Annual Conference in October, Graduate (1984) of University of Notre Dame cum laude and Executive Editor of Law Review at University of Cincinnati College of Law (1988 graduate). Married for 23 years with 3 children.

26 David S. Cade Deputy General Counsel Department of Health and Human Services David S. Cade was appointed as Deputy General Counsel of the Department of Health and Human Services on November 7, As Deputy General Counsel, David serves as the highest career official in the Office of the General Counsel. David supervises all regional legal activity as well as personnel matters, budget formulation and budget execution for the entire Office. Working directly with the General Counsel, David also coordinates the activities of the Office in dealing with significant legal issues within the Department. Prior to his current position, David served as the Director of the Family & Children s Health Programs Group in the Health Care Financing Administration (HCFA). As the Director, David was responsible for the health care services and delivery systems serving families and children. In this capacity, David directed the activities of the Group in establishing program policies, including: Medicaid payment and eligibility policy, Medicaid managed care, 1115 demonstrations, Drug Rebate, Children s Health, hospital and health center surveys, and the Federal Clinical Laboratory Improvement Act (CLIA). David previously served as the Acting Deputy Director of HCFA s Medicaid Bureau and was responsible for personnel and financial management, policy development, legislative and regulatory activities, and budget development for the Bureau. Before joining HCFA, David served for eleven years in the Office of the General Counsel s Health Care Financing Division where he provided legal counsel to the Secretary and the Administrator and represented the Department before Congress, the States, Federal Courts and other Federal Agencies regarding the interpretation, application and enforcement of the Medicaid and Medicare laws. David was the primary legal advisor to HCFA and the Department on State Medicaid payments (including disproportionate share hospital payments), Living Wills requirements, State financing and taxation, Federal audits, and State health care reform issues. He also served as the General Counsel s representative to the White House Task Force on Health Care Reform, where he developed new integrated health care delivery systems and worked to modify the Federal Anittrust rules. David received his bachelor s degree from the College of William and Mary and his J.D. degree from the University of Maryland School of Law. He is a member of the Pennsylvania and District of Columbia Bars.

27 Matthew Clark, Partner Practice Areas Mr. Clark received his B.A. degree in Political Science and Philosophy from Johns Hopkins University in He received his J.D. from the University of Michigan Law School in While at the University of Michigan Law School, Mr. Clark volunteered as an intern for the Latino Coalition for a Healthy California, a program providing advocacy for the uninsured, the immigrant, and under-served people of California. After graduating from the University of Michigan Law School, Mr. Clark joined Hooper, Lundy &Bookman s San Francisco office, where he practices in the firm s business, litigation and reimbursement departments. Mr. Clark s practice includes assisting long-term care providers and pharmacies in all aspects of their regulatory, business, and legal affairs. Mr. Clark has represented long-term care providers in a wide variety of matters before state and administrative courts, including business and contract disputes, elder abuse cases, transfer trauma cases, licensing and certification accusations and unfair competition ( UCL ) cases. Additionally, Mr. Clark s practice includes assisting companies in bringing new medical products to the market and assisting clients in the formation, organization and management of professional corporations. Mr. Clark is an active member of the Barristers Association of San Francisco and is currently serving his second term as the Chair of the Health Law Section. Professional Affiliations Barristers Association of San Francisco Hooper Lundy & Bookman, P.C.» People Page 1 of 2 1/11/2013 San Francisco Office 575 Market Street Suite 2300 San Francisco, CA Tel: [email protected] Education Johns Hopkins University (B.A., 1998) University of Michigan Law School (J.D., 2002) Bar Admission 2002, California

28 KEVIN S. COOMAN, Esq. Curriculum Vitae 8 Woodbury Way Born: June 4, 1953 Fairport, New York Married (Suzanne); two sons (Carson, Colby) (585) [email protected] LEGAL EXPERIENCE McConville, Considine, Cooman & Morin, P.C. 25 East Main Street Rochester, New York Office: Direct dial: Partner (November 1980 to present) Martindale-Hubbell AV Preeminent rating. Firm managing partner, Litigation group chair; Health Care group co-chair Personal responsibility to conduct civil litigation matters before administrative agencies and in state and federal trial and appeal courts, for plaintiffs and defendants. Complete development and presentation of cases across a broad spectrum of civil actions, including: health care, general contract and commercial; products liability, negligence and professional liability, trademark, civil rights, employment discrimination, securities and consumer fraud, tax, banking, education and construction. General regulatory, risk management and corporate counseling to health care clients, including long term care facilities, ambulatory surgery centers, an IPA for the regional Medicaid managed care program, and provider practice groups. Trainer and mentor for associate attorneys, including critique and development of writing, presentation, and client interaction skills. Co-developer of and trainer for proprietary case management and strategy development software, and document management software ( ).

29 Kevin S. Cooman Curriculum Vitae Page 2 Sutton, DeLeeuw, Clark & Darcy Rochester, New York Associate Attorney (August October 1980) Litigation responsibilities in state and federal courts, including all aspects of case preparation and presentation from complaint through Appellate Division brief and oral argument. General corporate counseling regarding federal regulatory compliance. PARTICIPATION IN SIGNIFICANT REPORTED CASES Federal Court Beechwood Restorative Care Center v Leeds, 317 F. Supp., 2d 248 (W.D.N.Y. 2004), aff d in part, rev d in part, vacated and remanded, 436 F.3d 147 (2d Cir. 2006) (civil rights claim based on the First Amendment against officials in the New York State Department of Health alleging retaliation against a skilled nursing facility). Brewer v. West Irondequoit Central School District,, 212 F.3d 738 (2d Cir. 2000), reversing 32 F.Supp.2d 619 (W.D.N.Y. 1999) (defense of equal protection challenge to nation s oldest interdistrict school transfer program to reduce racial isolation). Chambery v. United States, 54 Fed. Cl. 2 (2002) (suit by former nursing home operator against the United States alleging that the Department of Housing and Urban Development breached a regulatory agreement by failing to reimburse plaintiff for property maintenance expenses and other money on deposit in an established reserve fund). Beechwood v Thompson, 494 F. Supp. 2d 181 (W.D.N.Y. 2007)(judicial review of Departmental Appeals Board administrative decision imposing federal remedies). Payless ShoeSource, Inc. v. Town of Penfield, 934 F.Supp. 540 (W.D.N.Y. 1996) (conflict between federally registered trademark and local zoning restrictions under 15 U.S.C. 1121(b)) (outcome substantially abrogated by subsequent decision of 9th Circuit in Blockbuster Videos, Inc. v. City of Tempe, 141 F.3rd 1295, 46 U.S.P.Q. 2d 1437 (1998)). Independent Bankers Association of New York State, Inc. v. Marine Midland Bank, N.A., 575 F. Supp.1425 (W.D.N.Y. 1984); 583 F.Supp (W.D.N.Y. 1984); rev'd 757 F.2d 453 (2d Cir. 1985); 53 U.S.L.W. 2434, 1 Fed. R. Serv. 3rd 1045; cert. denied, 106 S.Ct (1986) (legal status of automated teller machines utilized but not owned by national banks). Murphy v. Empire of America, 583 F. Supp (W.D.N.Y. 1984); 746 F.2d 931 (2d Cir. 1984) (loan recission rights under Truth -In-Lending statute)

30 DOLLY M. CURLEY RN, BSHCA, BSN, DABFE, LNCC, HCS-D 143 Asbury Avenue Ocean City, New Jersey (302) (C) (610) (W) (609) (F) Professional Profile Driven, solutions-focused Registered Nurse with extensive management and consulting background in Legal Nursing, Research, Quality Improvement, Risk Management, Compliance, Home Care and Hospice, Patient Safety and Standards of Clinical Nursing Practice. Comprehensive knowledge of nursing principles, theories, disciplines, and practices. Expertise in JCAHO, FMEA, HEDIS, and Medicare Regulations. Skilled at problem solving methods aimed at identifying the root causes of problems or events. Effectively apply complex research and analysis towards driving and monitoring projects, evaluating protocols and validating critical decisions. Dynamic communicator with exceptional educational instruction, team training and development, presentation, public speaking, negotiation, and relationship building talents. Broad range of administrative skills including fiscal management, performance enhancement, reporting, and information/database maintenance. Proactively facilitate collaborative, interdisciplinary team environments vital to achieving objectives. Superior planning, coordination, time management, prioritization, and multitasking abilities. Patient-focused with dedication to promoting and ensuring patient rights, standards of care and ethical practices. Credentials Registered Nurse - PA, DE, CA Certified Legal Nurse Consultant (LNCC) Certified HCS-D Diplomate of the American Board of Forensic Nursing (DABFN) Career Highlights Delivered numerous professional presentations nationwide on broad range of medical, ethical and legal topics pertaining to the health care industry. Published author/co-author in a variety of medical publications. Taught National Patient Safety Goals and Tracer system in preparation for JCACHO Accreditation to Penn Care at Home, Wissahickon Hospice and Crozer Keystone Health System staff Magnet Subcommittee for Education, Professional Development, Research & Evidence Based Practice President, Delaware Chapter of Legal Nurse Consultants, Inducted Member, Immaculata College Nursing Honor Society, Relied upon to provide expert testimony on health care standards and medical records in high-profile federal criminal case. Member of the National Association of Legal Nurse Consultants Public Policy and Regulatory Board. Member of Infection Control committee for Delaware County Memorial Hospital Designation of DABFN since June 2000

31 Member of the American Association of Legal Nurse Consultants Certification Board (ALNCCB) Recognition and Awards Recognized with Quality Award for contributions towards clinical effectiveness and QI initiatives, Hospital of the University of Pennsylvania, Recipient of Patient Education and Department Communications Award, Hospital of the University of Pennsylvania Professional Experience Simione Healthcare Consultants, Compliance Senior Manager- Westborough, MA 2011-Present Assessing your current state of reimbursement, clinical, and operational compliance Annual compliance audits Manager of regulatory and compliance projects for attorney and clients Clinical and operational due diligence for mergers and acquisitions Managing additional documentation requests Conducting reviews of billing and documentation processes Provide a clinical documentation improvement program Development of customized educational programs Provide a compliance training program Legal Nurse Consultant, experthq - Glen Mills, PA 1995-Present Performs comprehensive research and analysis of medical records and legal documents to provide litigation support services to multiple law firms, insurance companies and hospitals. Relied upon to serve as a consultant with attorneys in the strategic planning of depositions and trials. Provides adverse event analysis, physician and nursing education, root cause analysis following sentinel events. Consultant/Faculty Member, University of Delaware - Wilmington 2003-Present Based on superior performance in facilitating Legal Nurse Certification program as a member of faculty, retained as consultant to drive JCAHO compliance initiatives. Faculty Chair, University of Delaware Legal Nurse Certification program Present Faculty Member, Widener Law School- Wilmington, DE Program Director, University of Delaware Risk Management, Compliance & Patient Safety Certificate Program New Program FY 2009 Quality/Risk/Education Manager, Crozer Keystone Health System 2007-Present Assures clinical standards are met in patient care by over-seeing and supervising nursing performance. Performance Improvement audits identifies areas of practice that require measures to be implemented for optimal patient outcomes. Analyze and research adverse events, complaints and sentinel events. Instrumental in developing and providing educational programs in compliance, documentation and medical malpractice. Consultant, Hospital of the University of Pennsylvania s Home Care and Hospice - Philadelphia

32 BRIAN E. DANAHER (202) Seaton Place, NW Washington, D.C PROFESSIONAL EXPERIENCE ASSOCIATE GENERAL COUNSEL Benchmark Senior Living, Wellesley, Massachusetts Jan Present Oversee regulatory matters for assisted living and healthcare company operating forty-five senior living communities in six states. Responsible for risk management and oversight of litigation matters involving senior communities. Participation in company s quality assurance and improvement programs. Development of legal training modules and programs. ASSOCIATE COUNSEL 2011 Magellan Health Services, Columbia, Maryland Assist management staff to ensure regulatory compliance with laws affecting the operations of a $3 billion nationwide benefits management company which specializes in behavioral health, radiology and specialty pharmaceuticals for health plans, employers and government agencies. Research, evaluate, and analyze laws impacting the company s four lines of business, including state and federal requirements arising from Health Reform, HIPAA, and Medicare & Medicaid fraud and abuse initiatives. Provide legal advice in the development of policies and training programs relating to regulatory compliance. ASSISTANT GENERAL COUNSEL Sun Healthcare Group, Irvine, California Advised senior management of national health care provider operating over two hundred inpatient facilities and employing approximately 30,000 persons in forty-six states. Resolved legal issues affecting patient care in skilled nursing centers, behavioral health facilities, assisted living communities, hospice and rehabilitation therapy providers. Reviewed publications, brochures, and media statements developed by the Communications department in order to ensure compliance and manage potential liability. ASSOCIATE GENERAL COUNSEL Sunrise Senior Living, McLean, Virginia Provided legal counsel to operations managers of healthcare company which has over 31,000 employees and operates over three hundred senior living communities in the U.S. and Canada. Assisted with challenges affecting health facilities in matters such as Medicare and Medicaid compliance, licensure and certification requirements, and resolution of contract disputes. Developed legislative and regulatory strategies for implementation of New York s Assisted Living Reform Act, including submission of comments to regulations and oversight of legislative strategy. Conducted meetings with leaders of state executive agencies to discuss regulatory developments and challenges. Reviewed marketing materials and disclosure statements to ensure compliance with regulatory requirements.

33 SENIOR COUNSEL Marriott International, Bethesda, Maryland Provided legal guidance to Marriott s Senior Living Services Division, which grew from 25 to over 150 retirement communities prior to its acquisition by Sunrise Senior Living in HEALTH CARE ASSOCIATE Arent Fox, Washington, D.C. Advised physicians, hospitals, home health agencies and other health practitioners on managed care contracting, formation of provider networks, and related issues. Provided counsel to clients concerning changes in Medicare and Medicaid reimbursement rules, fraud and abuse regulations, professional licensing, and other regulatory matters. EDUCATION Georgetown University Law Center, Washington, DC Juris Doctor magna cum laude Elected to Order of the Coif Received American Jurisprudence Awards in three legal specialties Georgetown University, Washington, DC Bachelor of Arts cum laude Maryland State Bar District of Columbia Bar American Health Lawyers Association Association of Corporate Counsel PROFESSIONAL MEMBERSHIPS PRESENTATIONS American Health Lawyers Association, Long Term Care and the Law Annual Conference, 2009, 2008, 2006, 2005, 2002, and 2001 Assisted Living Federation of America, Annual Conference and Expo, 2008 and 2001 Massachusetts Assisted Living Association, Regulatory Update conference, June 2012

34 Brian M. Daucher Partner Orange County 650 Town Center Drive Fourth Floor Costa Mesa, CA Tel: Fax: PRACTICE AREAS Litigation Intellectual Property INDUSTRIES Education Financial Services Food and Beverage Healthcare Technology OVERVIEW Brian M. Daucher is a partner in the Business Trial and Intellectual Property Practice Groups in the Firm's Orange County Office. He specializes in business and intellectual property litigation and has represented a variety of large and small businesses including Taylor Made Golf Company, Eveready Battery Company, E&J Gallo Winery, Wells Fargo Bank, Comerica Bank, LaSalle Business Credit, Alcatel, Daewoo Motor America, Public Storage, Northern Trust, and Irvine Pharmaceuticals. Trial Experience Mr. Daucher has had substantial trial success in both jury and non-jury contexts including: $6.4 million jury verdict against Cisco Systems, Inc. for breach of deal registration and wrongful termination of reseller, including judicial invalidation of key Cisco reseller agreement clauses (4 weeks, 2008) $16 million jury verdict against Chinatrust Bank for fraud (4 weeks, 2006) Defeated claim of constructive trust over undeveloped land valued in excess of $20 million (bench trial, 2 weeks, 2006) Defeated trustee petition to confirm extraordinary compensation of $45 million to trustee and affiliates (bench trial, 4 weeks, 2005) Honors Martindale Hubbell AV-Rated 2010 SuperLawyer, Southern California EDUCATION J.D., Duke University, 1994 A.B., Dartmouth College, 1991 ADMISSIONS California United States District Court for the Southern, Central, Eastern and Northern Districts of California Ninth Circuit, Tenth Circuit and Federal Circuit Courts of Appeal EXPERIENCE Business Disputes

35 Successfully defended claims of intellectual property conversion pertaining to improper acquisition of computer software/hardware company. Obtained terminating sanctions in favor of individual defendant against claims of breach of fiduciary duty and fraud for alleged corporate mismanagement. Participated in prosecution of software license dispute, resulting in significant seven figure settlement. Successfully prosecuted tortious interference claims against Cisco Systems on behalf of open market distributor, securing new markets for distributor. Represented founder of energy company in dispute over validity of shares/control of corporation; forced corporation to honor shares and repurchase shares for significant seven figure payment. Successfully defended intentional interference claims brought against former independent contractors for national consumer eyewear distributor. Participated in prosecution of claims by County of Orange against various professionals stemming from Orange County bankruptcy in 1994; recovered in excess of $800 million dollars. Patent/Trademark/Copyright Litigation Successfully prosecuted numerous patent cases on behalf of fitness products manufacturer; obtained industry-wide settlements and broad acquiescence to patent rights for industry innovator. Successfully defended multiple patent infringement claims pertaining to golf bag stand technology; obtained dismissals with prejudice and covenants not to sue covering future products. Successfully defended umbrella patent infringement claims, winning summary judgment (SDNY). Successfully prosecuted numerous infringement actions, both counterfeiting and confusion cases, pertaining to famous consumer products batteries; obtained numerous injunctions and significant damage payments. Successfully prosecuted trademark infringement claims for major golf products maker; obtained permanent injunctions and prosecuted civil contempt proceedings resulting in $300K sanctions. Successfully defended trademark infringement claims against restaurateur pertaining to use of sub-mark; secured right to use mark plus payment of attorneys' fees from plaintiffs. Successfully prosecuted trademark and copyright claims against infringers, including federal seizure action with U.S. Marshals Office, on behalf of personal care products innovator. Unfair Competition/Trade Defended computer software/internet company against unfair competition claims by employee. Successfully demurred to claim. Successfully defended consumer protection statute claims brought by plaintiffs class action firm pertaining to purported misrepresentation of storage space. Successfully defended storage company against class claims related to sales of insurance, winning dismissal of claims, affirmed on appeal. BRIAN M. DAUCHER

36 Dianne De La Mare VP, Legal Affairs at American Health Care Association Education Brigham Young University American Health Care Association August 2011 Present (1 year 6 months)vp, Regulatory Affairs July 1998 August 2011 (13 years 2 months)oversee and manage the Regulatory Affairs staff and budget. Build relationships with national stakeholders/federal agencies to develop and implement strategies that influence both Congress and the Executive Branches in policy-making. Compile, analyze and report on Federal and State statutes, regulations, legislation and court cases. Submit formal written comments to the Federal government. Develop and implement new policies that offer solutions and improve programs. Interface with membership committees. Speaker at state and national conferences. American Association of Homes and Services for the Aging (5 years)tracked, researched and summarized legal and regulatory issues. Responsible for submitting formal comments to the Federal government. Wrote and edited a monthly legal newsletter summarizing important Federal and State case law. Developed educational products. Liaison to the Legal Committee Education Brigham Young University MCD, Speech Pathology South Texas College of Law JD, Law

37 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

38 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.

39 Theresa L. Edelstein, MPH, LNHA 27 Harvest Lane Livingston, New Jersey (973) LNHA NYS #04194 NJ #1747 Senior executive with varied health care operations, business development, and policy experience, as well as significant volunteer leadership roles in non-profit settings, seeking to bring skills, talents, and experiences to a dynamic, high quality, growth oriented, health care organization and to strategically position the organization within a changing health care delivery system. New Jersey Hospital Association Princeton, NJ P R O F E S S I O N A L E X P E R I E N C E VICE PRESIDENT, POST-ACUTE CARE POLICY January present AND SPECIAL INITIATIVES ASSISTANT VICE PRESIDENT, HEALTH POLICY & PLANNING May 2000 January 2001 DIRECTOR OF CONTINUING CARE SERVICES October 1997 May 2000 Manage Association s advocacy and health policy activities related to home and community-based, institutional and post-acute services for the elderly and disabled. Responsible for development, promotion, and budget for products such as Pocket Guide to Pressure Ulcers, Well on Track, and Assisted Living Resident Profile Survey. Analyze and evaluate statutory and regulatory proposals, particularly in the areas of Medicare and Medicaid payment and policy, healthcare reform, personal injury protection, certificate of need and licensure. Direct the post-acute care tracking component of the NJHA Gainsharing Demonstration Project under the direction of the Centers for Medicare & Medicaid Services. Develop legislative proposals and policy positions. Serve as Association s Recovery Audit Contractor (RAC) team leader for Medicare and Medicaid. Prepare and deliver presentations at legislative and regulatory hearings, Board meetings and conferences. Establish/maintain relationships with state, regional and national policymakers, regulators, legislators and associations. Retain and recruit members for the Association. Initiate linkages and collaborative projects with other associations/organizations. Develop and implement educational programs on a wide range of topics. Prepare and manage department budget, Web site, personnel needs and daily operations.

40 Kessler Rehabilitation Corporation West Orange, NJ DIRECTOR OF LONG TERM CARE OPERATIONS December 1995 October 1997 Reported to the Senior Vice President & Chief Operating Officer. Directed the operation of two long term care/subacute facilities (Kessler Care Center at Great Falls & Kessler Care Center at Cedar Grove) totaling 416 beds. Budget preparation and management Managed care and vendor contracting, negotiation and management Certification and development of two distinct units for subacute care Marketing, continuous quality improvement, risk management, regulatory compliance, staff recruitment and education, and board of directors liaison Managed the transition of ownership of both facilities. Cornell Hall & Carelinc Transitional Care Center (An affiliate of the St. Barnabas Health Care System) Union, NJ ADMINISTRATOR September December 1995 Reported to the Senior Vice President of Planning for daily operation of this 170-bed hospital-owned, long-term care/subacute facility during a significant transition. Established an atmosphere of teamwork and professionalism Initiated a human resources function, developed facility budget, and coordinated the quality improvement program Revised systems and initiated new policies and procedures Led the facility through a Department of Health survey during which all prior deficiencies were deemed corrected. The Jewish Home & Hospital New York, NY ASSISTANT, THEN ASSOCIATE ADMINISTRATOR October 1989 August 1995 Reporting to the Senior Vice President/Administrator, managed/directed the facility s 514-bed operation, including clinical and support service departments as well as community-based programs, senior housing, grants management and special projects. Preparation for and compliance with all surveys by certifying/accrediting bodies Created and coordinated the CQI and Risk Management programs Developed annual operating and capital budgets Coordinated affiliations with other service providers Served on the Strategic Planning Committee.

41 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)

42 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

43 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 [email protected] T: F: Assistant Contact Lesa Vitale [email protected] 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

44 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).

45 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. 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 (Member of following practice groups) Business Law and Governance Fraud and Abuse Health Information and Technology Healthcare Liability and Litigation Hospitals and Health Systems Long Term Care, Senior Housing, In-Home Care, and Rehab Regulation, Accreditation, and Payment Missouri Health Care Association, Associate Member Leading Age, Attorney Member Missouri Society of Health Care Attorneys, Board Member 2

46 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 [email protected] 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

47 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

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50 Ms. Denise Harris, principal with D. K. Harris Consulting Associates, LLC, based in Harrisburg, Pennsylvania, has been a working director of hospice and home care agencies since She provides consultation in the areas of long range/strategic planning and retreat facilitation; leadership/management training and development; executive and manager mentorship and coaching; preparation of home care and hospice programs for certification and accreditation; organizational development; restructuring and growth strategies; customer service; marketing and referral development management and training; program needs assessments; and development of hospice inpatient units based on a program's unique community needs, resources and goals.

51 Reed Smith Page 1 of 4 8/17/2012 Scot T. Hasselman Partner Washington, D.C. T F [email protected] Practice Areas Health Care Health Care Government Investigations Fraud and Abuse Health Care Corporate Compliance Programs Long Term Care Health Care Transactions Health Care Certification, Accreditation and Licensure Health Care Reimbursement: Coverage, Coding and Payment Regulatory and Legislative Support Life Sciences Reimbursement: Coverage, Coding and Payment Life Sciences Regulatory and Compliance Services Life Sciences Fraud and Abuse Life Sciences Health Industry Group Education American University Washington College of Law, 1998, J.D., Cum Laude University of California, Santa Cruz, 1991, B.A., History Professional Admissions / Qualifications District of Columbia California Court Admissions State Supreme Court - California U.S. Court of Appeals - Fifth Circuit U.S. District Court - Eastern District of Michigan U.S. District Court - Northern District of Alabama U.S. District Court - Western District of Louisiana U.S. District Court - Western District of Texas Overview Scot is the Vice Chair of Reed Smith's Life Sciences Health Industry Group, practicing in the area of health care regulatory law. Scot's practice encompasses a variety of health law matters with a focus on fraud and abuse issues. He has represented and defended health care companies in lawsuits, regulatory, and program integrity matters before the Centers for Medicare & Medicaid Services, the United States Department of Justice, the HHS Office of Inspector General, health care program auditors such as ZPICs, and various state agencies. He has also negotiated numerous government settlements and corporate integrity agreements. Scot has also structured arrangements for a wide variety of health care providers and suppliers, and he provides regulatory counseling in the context of health care corporate mergers and acquisitions, including certificate of need and licensure issues. Employment History Reed Smith District Attorney of Los Angeles California State Legislature The Public Corruption/Government Fraud Section of the U.S. Attorney for the District of Columbia Atlantic Richfield Company (ARCO) Honors & Awards Listed on Nightingale's 2006 list of "Outstanding Young Healthcare Lawyers" Professional Affiliations American Bar Association Vice Chair, Long Term Care, Senior Housing, In-Home Care, and Rehabilitation Practice Group - American Health Lawyers Association ( ) Interests Traveling, collecting vinyl records, and practicing traditional Japanese karate. Notable Quotes "Fraud Fighters Mine Data: Auditors Pave New Path With Aggressive Investigative Tactics," Provider Magazine, May 2012 Healthcare Compliance Within the Healthcare Sector, By Melissa Klein Aguilar, Compliance Week, May 18, 2010 Watch Out For New False Claims Rules, Eli s Rehab Report, August 1, 2009, Vol. 18, No. 8 "Presidents Health Care Reform Package Adds $1 Billion is Medicare Fraud Savings," The Bureau of National Affairs, Inc., Health Care Fraud Report, June 17, 2009 "New Law Tightens Scope of False Claims Act: What looked like a law that cracks down on mortgage and financial fraud could pack a punch for your practice," Part B Insider, June , Vol. 10, No. 19 "Bristol Says U.S. Inquiry Is Settled," by Barnaby J. Feder, The New York Times, December 22, 2006 Experience Mariner Health Care, Inc Global Settlement of Medicare and False Claims Act liabilities in Chapter 11 bankruptcy proceedings (resolution of approximately $1 billion in liabilities) HealthSouth Corporation Global Settlement of Medicare and False Claims Act liabilities (resolution of approximately $4 billion in cost reporting and FCA liabilities) Nationwide nursing home chain - Defense in large-scale government investigation regarding therapy practices AmMed Direct LLC - April 2012 Settlement of False Claims Act liabilities for nationwide mail-order DMEPOS supplier Specialty hospital chain - negotiation of False Claims Act settlement regarding the coverage, coding and payment for certain medical devices

52 Reed Smith Page 2 of 4 8/17/2012 Outpatient physical therapy provider - negotiation of Stark Law/False Claims Act settlement with northeastern United States Attorney's Office United States ex rel. Mathews v. HealthSouth Corp., No , 2007 U.S. Dist. LEXIS (W.D. La. July 18, 2007) (Successful motion for summary judgment against federal False Claims Act relator) Nationwide health care provider - negotiation of significant Anti-Kickback Statute settlement involving high-profile physician group practices Surgical Care Affiliates - Regulatory counseling for national network of surgical hospitals and ambulatory surgical centers Diagnostic Health Corporation - Certificate of Need prosecution for a diagnostic testing facility in the District of Columbia HealthSouth Corporation - Principal regulatory counsel for the sale of the Company's Surgery and Outpatient Divisions (assets valued in excess of $1 billion) Manor Care - Regulatory counsel on "going private" transaction valued at $6.3 billion. News & Publications News 26 April 2012 Q&A With Reed Smith's Scot Hasselman News Clips 19 March 2012 Reed Smith Announces Management Changes News Releases 10 March 2011 Reed Smith Names New Office Managing Partners in New York and Silicon Valley - Eight Practice Group Leadership Changes Also Announced News Releases Publications 20 March Year Look Back Proposed for Identification and Return of Medicare Part A and B Overpayments Reed Smith Client Alerts Co-Author(s): Julia Krebs-Markrich, Thomas W. Greeson Client Alerts 1 December 2011 Analysis and Overview of the Medicare Shared Savings Program for Accountable Care Organizations Reed Smith Client Alerts Co-Author(s): Paul W. Pitts, Susan A. Edwards, Nancy E. Bonifant Client Alerts 21 April 2011 Summary and Analysis of Medicare s Shared Savings Program for Accountable Care Organizations Reed Smith Client Alerts Co-Author(s): Carol Colborn Loepere, Daniel A. Cody, Paul W. Pitts, Debra A. McCurdy, Susan A. Edwards Client Alerts 23 February 2011 CMS Final Rule Expands Medicare/Medicaid/CHIP Provider and Supplier Screening Requirements Under Affordable Care Act Authority Reed Smith Client Alerts Co-Author(s): Carol Colborn Loepere, Elizabeth B. Carder-Thompson, Daniel A. Cody, Debra A. McCurdy Client Alerts 8 October 2010 CMS Proposes Broad Expansion of Medicare/Medicaid/CHIP Provider and Supplier Screening Requirements Under Affordable Care Act Authority Reed Smith Client Alerts Co-Author(s): Daniel A. Cody, Carol Colborn Loepere, Debra A. McCurdy Client Alerts 5 August 2010 The Patient Protection and Affordable Care Act, as Amended by the Reconciliation Act: Analysis, Implications of Key Fraud, Abuse and Program Integrity Provisions BNA Insights, Vol.19, No. 31 Articles Published

53 2013 Bio for Kathleen A. Hessler, RN, Attorney As Principal of HealthCare Law Consulting, LLC, Ms. Hessler provides consulting advice, education, and mediation on healthcare issues in long-term and acute care to healthcare providers and business entities. Service areas include but are not limited to risk management, regulatory matters, corporate ethics and compliance and bioethics. In addition to her degrees in law and nursing, Ms. Hessler holds two Certificates in Health Care Ethics. Ms. Hessler has provided legal advice as corporate counsel and attorney to international, national, and regional nursing facilities and acted as General Counsel for single entity long term care communities. From , Ms. Hessler served as Director of Risk Management for CHRISTUS St. Vincent Regional Medical Center in Northern New Mexico and was an active member of the hospital ethics committee.

54 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.

55 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,

56 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.

57 ANNALIESE IMPINK, ESQ. SAVASENIOR CARE CONSULTING, LLC Annaliese currently is Senior Vice President and Chief Operations Counsel. She has served as the Company s regulatory and operations counsel for more than 71/2 years. In this role, she is responsible for providing legal and regulatory advice and overseeing compliance with State and Federal regulations for 183 facilities nation-wide. Prior to joining the Company, Annaliese spent 6 years in private practice providing legal and regulatory guidance to several large and small nursing home chains, hospitals, and longterm acute care hospitals. Annaliese has been involved with the long-term care industry for more than 15 years. Prior to that she served as a trial lawyer for the U.S. Department of Labor.

58 Ruta Kadonoff, MA, MHS, is Vice President of Quality and Regulatory Affairs with the American Health Care Association (AHCA). AHCA represents more than 11,000 forand not-for-profit nursing homes, assisted living residences, and facilities for the care of people with mental retardation and developmental disabilities. Ms. Kadonoff has worked in diverse organizations across the aging services field over the past 17 years in policy, research and practice. Prior to joining AHCA, she was with the US Department of Health and Human Services, specializing in aging and long-term care policy issues. She also previously served as the Deputy Director of The Green House Project, a national program to replicate a transformational model of person-centered longterm care. Ms. Kadonoff holds a Master of Arts degree in the Management of Aging Services from the Erickson School of Aging Studies at UMBC, a Masters of Health Science degree in Health Policy from Johns Hopkins University and a Bachelor of Arts in Political Science from the Catholic University of America.

59 Pamela Kaufmann is a partner at the San Francisco law firm of Hanson Bridgett LLP. For nearly 24 years, she has devoted her practice to advising senior care and housing providers regarding operational and regulatory concerns, contracting, care alternatives, consent issues, discrimination, nonprofit and tax-exempt issues, bond financing, and corporate compliance. Clients routinely seek Pam s counsel when they expand, acquire a community, redefine their mission, introduce a new program or innovation, or joint venture with another organization. Pam served on the State committees that revised California s continuing care law in two different years. In addition, she served on the committee that proposed California s care at home law and was its primary author. Pam chairs the LeadingAge (formerly AAHSA) Legal Committee and served on the Aging Services of California Legal Committee. Over the years, she has served on several State and federal task forces on behalf of providers and has testified before the IRS on behalf of charities. Pam routinely speaks and writes articles on issues of interest to the senior care and housing sector. She is a co-author of the California Continuing Education of the Bar treatise, Advising California Nonprofit Corporations, and previously chaired the Tax-Exempt Organizations Committee of the Taxation Section of the California State Bar.

60 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

61 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

62 SUZANNE KOENIG Suzanne Koenig is president and founder of SAK Management Services LLC, a nationally recognized Long-Term Care Management and Healthcare Consulting Services company. With over twenty years of extensive experience as an owner and operator, Ms Koenig offers specialized skills in operations improvement, staff development and quality assurance, with particular expertise in marketing, census development as well as operations enhancement for the whole spectrum of Senior Housing, Long-Term Care and other Healthcare Entities requiring Turnaround Services. Ms. Koenig s professional experience has included executive positions in marketing, development and operations management for both regional and national health care providers representing property portfolios throughout the United States. Recently Suzanne has been appointed as the Patient Care Ombudsman, Receiver and Chapter 11 Trustee in several of the new Health Care Bankruptcy Filings (Chapter 11 and Chapter 7) with the advent of the (BAPCPA) Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 including Health Care Entities such as: Physician Practices and Hospitals In addition, Ms Koenig has served in an advisory and consulting capacity for numerous client engagements involving bankruptcy proceedings as well as in turnaround management situations. She offers proven proficiency in maximizing financial return and cash flow, while maintaining the highest standards of quality care. As a direct owner and operator, Ms. Koenig offers the practical perspective of the challenges and opportunities confronting Healthcare Providers in managing the changing dynamics of this industry. She is a Licensed Nursing Home Administrator and a Licensed Social Worker in multiple states where she has worked. She also serves as an Officer and Director for several of the states long term- care provider associations. Ms. Koenig is the Former Co-Chair of the American Bankruptcy Institute s (ABI) Health Care Committee and Ms. Koenig is a Co- Chair for the Steering Committee of the Midwest Turnaround Management Association (TMA) Chapter. Ms. Koenig is a frequent speaker for various healthcare industry associations and business affiliates where she conducts continuing education and training programs. She holds a Master of Science Degree from Spertus College, Illinois, and a Bachelor of Social Work Degree from the University of Illinois, Champaign-Urbana, Illinois.

63 David Kyllo Executive Director National Center for Assisted Living David Kyllo is Executive Director of the National Center for Assisted Living (NCAL) the assisted living voice of the American Health Care Association (AHCA) and an essential resource for long term care professionals. Kyllo is responsible for leading NCAL s advocacy on behalf of a national federation of state affiliates, as well as directing NCAL s educational programs, award-winning publications, and quality programs. Kyllo has 26 years of experience working in government relations, regulatory and public affairs in Washington, DC. He has served with two White House Administrations and both the United States House of Representatives and United States Senate. Kyllo joined AHCA 15 years ago. As the association began to focus more on assisted living issues, Kyllo made the transition from working for AHCA to NCAL. Kyllo was a member of the Assisted Living Workgroup (ALW) Steering Committee and contributed to ALW s 2003 A Report to the U.S. Senate Special Committee on Aging from the Assisted Living Workgroup. Two years later, 11 of the 13 national organizations represented on the ALW Steering Committee including the National Center for Assisted Living formed the Center for Excellence in Assisted Living (CEAL). CEAL continues to build on the work of ALW and has created resources to facilitate quality improvement and promote the availability of, and innovation for high-quality, affordable assisted living. Kyllo has served on the CEAL Board of Directors and as Treasurer. In December 2007, Kyllo was elected Chair of the CEAL Board of Directors, which includes NCAL, AARP, the Alzheimer s Association, Pioneer Network, and other national assisted living organizations. In 2003, Kyllo was named to the National Commission on Nursing Workforce for Long Term Care, which developed practical recommendations regarding recruiting and retaining a skilled long term care workforce. Kyllo is also member of the American Society of Association Executives. A graduate of the University of Northern Iowa, Kyllo frequently lectures on assisted living and long term care issues, having both worked and volunteered in several long term care facilities. For more information, please visit

64 W. CLAY LANDA 4701 Cox Road, Suite 400 Glen Allen, VA o f [email protected] CLAY LANDA is an associate with Hancock, Daniel, Johnson & Nagle P.C. He practices in the firm s corporate practice group focusing on regulatory and administrative law matters. He advises various healthcare providers such as hospitals, nursing homes, ambulatory surgery centers, group practices, and individual practitioners regarding risk management, Medicare Conditions of Participation and Conditions of Coverage, reimbursement, scope of practice, reporting requirements, and other federal and state healthcare statutes and regulations. In addition, Mr. Landa assists healthcare facilities through the certificate of public need administrative process as well as judicial appeals. Mr. Landa earned his J.D., magna cum laude, from the University of Richmond School of Law. While in law school, he served as the Vice President of the Moot Court Board as well as the General Assembly Editor of the Journal of Law and the Public Interest. Mr. Landa also earned a Master s in Public Administration from Virginia Commonwealth University. While in graduate school, he received the L. Douglas Wilder Master s of Public Administration Student of the Year Award. Mr. Landa also worked for the Virginia State Board of Elections while earning his M.P.A. where he focused on legislative and policy matters. ACADEMIC CREDENTIALS B.A. College of Charleston M.P.A. Virginia Commonwealth University J.D. University of Richmond School of Law ADMITTED TO PRACTICE Virginia

65 W. Clay Landa Page 2 PROFESSIONAL MEMBERSHIPS American Health Lawyers Association PUBLICATIONS The Supreme Court Upholds Binding Arbitration Agreements in Nursing Home Contracts But Questions Remain, Virginia Health Care Association 2012 Summer Legal Quarterly. Nursing Home Binding Arbitration Agreements and Responsible Parties in Virginia, Virginia Health Care Association 2011 Summer Legal Quarterly. Binding Arbitration in Nursing Homes: Pitfalls with Responsible Parties, American Health Lawyers Association LTC-SIR Advisor, Volume 14, Issue 2, July Wyeth v. Levine: What Does It Mean and Where Do Pharmaceutical Companies Go From Here, 13 RICH. J.L. & PUB. INT. 271 (2010). Davis v. Federal Election Commission: Constitutional Right to Campaign Finance Advantage, 12 RICH. J.L. & PUB. INT. 77 (2008). PRESENTATIONS You ve Got Mail: Responding to Letters from the Government, Virginia Health Care Association 2012 Annual Convention, forthcoming October 3, The Virginia Healthcare Decisions Act, Always Best Care Senior Services Spring 2012 Meeting, May 9, The Virginia Healthcare Decisions Act, University of Richmond School of Law, Health Law Society, April 16, Virginia Election and Registration Information System Policy Changes, Virginia State Board of Elections 2006 General Registrar Annual Meeting. Provisional Ballot Procedures: Uniformity, It s All about U!, Virginia State Board of Elections 2005 General Registrar Annual Meeting.

66 Paul A. Lang is a partner with the law firm of Rolf Goffman Martin Lang Co., LPA. Paul concentrates his practice in long-term care acquisitions, divestitures, mergers, dissolutions, and corporate reorganizations, and has successfully negotiated several healthcare transactions for buyers and sellers of home health agencies, hospice organizations, nursing homes, assisted living facilities, intermediate care facilities for the mentally retarded, hospitals, surgery centers, and physician practices. His speaking engagements include seminars and lectures for the Ohio Hospital Association; the Ohio Health Care Association; the American Health Care Association; the American Bar Association; the American Health Lawyers Association; Leading Age Ohio; the Ohio Department of Health; and the Ohio Provider Resource Association. He has also been recognized as one of Ohio s Super Lawyers in the area of health law by Law & Politics Magazine and Cincinnati Magazine every year since the magazine started publishing this honor, and by The Best Lawyers in America for health care law for the last four editions. Paul is a cum laude graduate of the Case Western Reserve University School of Law.

67 KIMBER L. LATSHA Mr. Latsha is one of the founding principals and Managing Shareholder of Latsha Davis Yohe & McKenna, P.C. Mr. Latsha graduated with distinction from the Virginia Military Institute (BA) where he was second in his class, President of his class, and Co-Captain of the Wrestling Team. He received his Juris Doctorate from the University of Pittsburgh School of Law. Prior to entering private practice, Mr. Latsha served as a prosecutor and as a Special Assistant United States Attorney while on active duty with the Judge Advocate General's Corps, United States Army ( ). He was awarded the Meritorious Service Medal at the conclusion of his active service. Following his three-year tour of active duty, Mr. Latsha served for five years in the United States Army Reserve. Mr. Latsha is a member of the American Health Lawyers Association (AHLA), and serves as Vice Chair of AHLA s Practice Group on Long Term Care. He has served as a Course Planner for the Long-Term Care Law and the Law conference for the Pennsylvania Bar Institute (PBI) and also serves on PBI s Health Law Advisory Committee. Mr. Latsha is a past member of the Board of Directors of the Pennsylvania Society of Health Care Attorneys. He also is a member of the Legal Committee of the American Association of Homes and Services for the Aging; the Health Care and Hospital Law Committee of the Pennsylvania Bar Association; the Christian Legal Society; and the Pennsylvania and American Bar Associations. He is admitted to practice before the Federal District Courts for the Eastern, Middle and Western Districts of Pennsylvania, the Third and Sixth Circuit Courts of Appeals, and the Pennsylvania and United States Supreme Courts. Mr. Latsha has lectured and written on state and national legal issues affecting continuing and longterm care providers, including such topics as Medicare and Medicaid reimbursement; survey & enforcement; fraud and abuse; provider alliances, managed care, and federal, state and local tax exemption issues affecting nonprofit, charitable institutions. He has made educational presentations for the American Association of Homes and Services for the Aging, American Health Care Association, National Association in Support of Long Term Care, Pennsylvania Association of Non-Profit Homes for the Aging, Pennsylvania Health Care Association, Pennsylvania HomeCare Association, Pennsylvania Association of County Affiliated Homes, Ohio Health Care Association, New Jersey Association of Non-Profit Homes for the Aging, Mid-Atlantic LifeSpan, Assisted Living Federation of America, Pennsylvania Assisted Living Association, Pennsylvania Institute of Certified Public Accountants, American College of Health Care Administrators (PA Chapter), American Health Lawyers Association and the Pennsylvania Society of Health Care Attorneys on a broad range of health care and related issues. He is recognized nationally for his knowledge and experience in legal issues impacting long-term care providers

68 Joanne R. Lax Member Bloomfield Hills Woodward Avenue Suite 300 Bloomfield Hills, MI Areas Of Practice Health Care Adoption & Assisted Reproductive Technology Bioethics & End-of-Life Care Health Care Administrative Law & Regulatory Appeals Information Privacy & Security, HIPAA, Electronic Health Records Long-Term Care Bar Admissions Michigan, 1978 Education University of Michigan, J.D., magna cum laude Order of the Coif University of Michigan, A.B. with high distinction Phi Beta Kappa T: Joanne Lax divides her practice between two major areas of the law health care law and private adoptions and surrogacies. Experience Health Care Law Practice Ms. Lax 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 California Illinois Michigan North Carolina Texas Washington, D.C.

69 Joanne R. Lax (Cont.) 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 Minors and Legally Incapacitated Emergency preparedness 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 Drafting a hospital's emergency preparedness plan for allocating scarce clinical resources in an emergency or disaster Private Adoptions and Surrogacy Ms. Lax 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 Traditional surrogacies Egg donations Embryo "adoptions" California Illinois Michigan North Carolina Texas Washington, D.C.

70 Charles C.H. Lee Biography Charlie C.H. Lee is a founding partner of Moore & Lee, LLP. Mr. Lee practices in all areas of government contracts, construction, suretyship law, commercial litigation, and long term health care law. Mr. Lee s construction experience includes all phases of construction contracting, from contract formation and negotiation to litigating and arbitrating disputes. His construction practice involves heavy industrial and large commercial projects, including power plants, wastewater and water treatment plants, prisons, airports, ports, condominiums, hospitals and other long term health care facilities. Mr. Lee s representative client list includes developers, hospitals, assisted living and skilled nursing companies, and large general contractors and subcontractors. In addition to Mr. Lee s construction law practice, he has vast experience in representing health care institutions. Mr. Lee has managed and tried a variety of health care litigation matters in state and federal courts around the country. He has negotiated hundreds of settlements on behalf of national providers and counsels clients regarding practice and procedures for multilayered corporations. Mr. Lee is uniquely qualified to assess and manage liability risks for selfinsured corporations and insurance carriers providing primary and excess coverages. Mr. Lee has extensive bench and jury trial experience and has litigated cases before various state and federal courts in Virginia, Maryland, the District of Columbia, West Virginia, Kentucky, North Carolina, Georgia, Alabama, New York, Indiana, Florida, Louisiana, Colorado, California, Pennsylvania, New Jersey, Illinois, Michigan, Arizona, Missouri and administrative boards of contract appeals. His appellate practice includes appeals in the Supreme Court of Virginia, Maryland Court of Special Appeals, Florida District Court of Appeals, Indiana Court of Appeals, California Court of Appeals, the United States Court of Appeals for the Fourth, Ninth, Eleventh and Federal Circuits and the United States Supreme Court. Mr. Lee serves as an arbitrator on the Construction Panel and Sports Panel for the American Arbitration Association. Education J.D., American University, 1989 B.S., Virginia Tech, 1986

71 Charles C.H. Lee Biography Charlie C.H. Lee is a founding partner of Moore & Lee, LLP. Mr. Lee practices in all areas of government contracts, construction, suretyship law, commercial litigation, and long term health care law. Mr. Lee s construction experience includes all phases of construction contracting, from contract formation and negotiation to litigating and arbitrating disputes. His construction practice involves heavy industrial and large commercial projects, including power plants, wastewater and water treatment plants, prisons, airports, ports, condominiums, hospitals and other long term health care facilities. Mr. Lee s representative client list includes developers, hospitals, assisted living and skilled nursing companies, and large general contractors and subcontractors. In addition to Mr. Lee s construction law practice, he has vast experience in representing health care institutions. Mr. Lee has managed and tried a variety of health care litigation matters in state and federal courts around the country. He has negotiated hundreds of settlements on behalf of national providers and counsels clients regarding practice and procedures for multilayered corporations. Mr. Lee is uniquely qualified to assess and manage liability risks for selfinsured corporations and insurance carriers providing primary and excess coverages. Mr. Lee has extensive bench and jury trial experience and has litigated cases before various state and federal courts in Virginia, Maryland, the District of Columbia, West Virginia, Kentucky, North Carolina, Georgia, Alabama, New York, Indiana, Florida, Louisiana, Colorado, California, Pennsylvania, New Jersey, Illinois, Michigan, Arizona, Missouri and administrative boards of contract appeals. His appellate practice includes appeals in the Supreme Court of Virginia, Maryland Court of Special Appeals, Florida District Court of Appeals, Indiana Court of Appeals, California Court of Appeals, the United States Court of Appeals for the Fourth, Ninth, Eleventh and Federal Circuits and the United States Supreme Court. Mr. Lee serves as an arbitrator on the Construction Panel and Sports Panel for the American Arbitration Association. Education J.D., American University, 1989 B.S., Virginia Tech, 1986

72 LAWRENCE L. LOPARDO Member of California, Oregon and Washington Bars EDUCATION University of California, Berkeley JD (Boalt Hall), 1981 BS, Business Administration, cum laude, 1977 BA, History, 1977 Phi Beta Kappa PROFESSIONAL EXPERIENCE AVAMERE HEALTH SERVICES, Wilsonville, OR 1999-present Secretary/General Counsel Originated position as General Counsel of owner/operator of skilled nursing and assisted living facilities in the Northwest. Responsible for negotiating, documenting and administering real estate and commercial transactions; legal, HR, risk management, and corporate compliance functions. Conduct regulatory, commercial and labor litigation. Advise executives/managers regarding HR, regulatory and other legal matters. Supervise outside counsel. WESTAK, Sunnyvale, CA/Forest Grove, OR General Counsel/Chief Administrative Officer/Corporate Secretary ( ) General Counsel ( ) Member Board of Directors of ISO-certified employee-owned printed circuit board manufacturer with factories in Oregon and California, and with Asian manufacturing partners. Responsible for strategic planning, legal, HR, training, environmental, safety, construction, real estate, research and development oversight, and oversight of Oregon factory. ESOP Administrative Committee member and Trustee of former Pension and Profit-Sharing Plans; HOWELL AND HALLGRIMSON, San Jose, CA Partner & Associate Litigator at 25-attorney San Jose law firm. General business trial and pre-trial work with emphasis on real estate, construction, labor and environmental matters. Tried commercial and realty cases. Led the litigation department last year and one-half. Headed the Hiring Committee for four years. AFFILIATIONS Member, American Health Care Association (AHCA) Legal Subcommittee, 2005-present Founding Member, National Center for Assisted Living (NCAL) General Counsel Roundtable, 2011-present Member, Lake Oswego Rotary, 2007-present; Chair, New Generations Committee, 2012-present Member, Oregon State Bar Corporate Compliance Workgroup, Board Member, Lake Oswego Soccer Club, ; Vice-President, Member, Lake Oswego School District Legal Budget Committee, Board Member, Waluga Little League, President, Portland Chapter, Cal Business School Alumni, Board Member, Printed Circuit Alliance (California industry advocacy organization), Member, Ad Hoc Unified Sewerage Agency Industry Pre-Treatment Limits Advisory Committee, 1997 Small Claims Judge Pro Tem, Santa Clara County, Court Appointed Arbitrator, Santa Clara County Superior Court,

73 PROFESSIONAL QUALIFICATIONS ADAM D. LYNCH EXPERIENCE PROFESSIONAL HISTORY Mr. Lynch joined Principle Valuation with experience as member of the credit committee at Citadel Group. He assisted his previous company in funding over $1 billion in medical real estate. Mr. Lynch worked primarily with development partners, healthcare administrators, and credit enhancement providers to structure transactions. He served his clients through operating divisions and subsidiaries: Medical Building Funding Corporation Citadel Equities Corporation Citadel Investments I & II, LLC September, 2009 to present - Principle Valuation, L.L.C to 2009 Vice President Citadel Group Limited 1996 to 1998 Credit Analyst U.S. Bank (f/n/a Firstar Bank) EDUCATION University of St. Thomas St. Paul, Minnesota Introduction to Medical Group Management University of Wisconsin Milwaukee, Wisconsin Bachelor of Science in Real Estate and Finance Faculty Position Loyola University Health Law Institute-Visiting Professor, Chicago, IL Presentations (Since 2010) Selling Your ASC; What Price Can You Expect; What Are The Deal Terms?, ASC Communications, Chicago, June 2012 Hospital Consolidation Strategic Thoughts for Consolidations and Independent Hospitals, Becker s Hospital Review Annual Meeting, Chicago, May 2012 Not-for-Profit Healthcare Systems Perspectives on the Merger Trend, Healthcare Provider Transformation Summit, Washington D.C., April 2012 M&A: Panel Discussion, Fourth Annual Treasury Program, hfma first Illinois chapter, Chicago, December 2011 The Best Ideas to Improve Financial Performance, Becker s Hospital Review Annual Meeting, Chicago, May 2011 Depreciating and Stating the Correct Value of Hospital Buildings: What You Need to Know, hfma Florida Chapter NW Region Education, Panama City, Feb Valuation Roundtable, Texas Ambulatory Surgery Center Society s Annual Conference, Houston, Nov Depreciating and Stating the Correct Value of Hospital Buildings: What You Need to Know, hfma Florida Chapter NW Region Education, Pensacola, Aug Publications (only 2012) Cadence Spending Big for Warrenville Orthopod Group Chicago Healthcare Daily, August 21, Sherman Health Systems names its bidders Crain s Chicago Business, July 16, 2012 Required Capital Ratio Part 3: Why the Arizona Hospital Market Won t See Much Merger Activity Becker s Hospital Review, May 2, 2012 Required Capital Ratio Part 2: How Finances Are Affecting the Boston Merger Market, Becker s Hospital Review,Mar. 15, 2012 Required Capital Ratio: A New Financial Measurement for Hospital Mergers Becker s Hospital Review, Jan. 7, Tips for Successful Hospitals in 2012 Becker s Hospital Review, Jan. 4, 2012 ASSOCIATION Board Member First Illinois Chapter HFMA Chairperson of Webinar Committee First Illinois Chapter HFMA 2012 HFMA Yerger Award recipient. (Yerger Award: recognizes best practices)

74 Adam D. Lynch, Vice President, Principle Valuation, Chicago, IL Adam joined Principle Valuation in 2009 and has over 15 years of management experience in the healthcare industry. From 1999 to 2009 he developed and invested over $1.5 billion in medical real estate. Adam provides valuation and advisory services for seniors housing and healthcare providers including health systems, community hospitals, and physician practices. In addition, he has worked with domestic and foreign commercial and investment banks, and law firms in order to value and structure healthcare transactions. Adam is a Board Member for the First Illinois Chapter of Healthcare Financial Management Association ( HFMA ) and a 2012 Yerger Award recipient.

75 American Health Care Association Journal, "Long Term Care Insurance - Consumer Confidence Increases Marketability", October 1985 De Novo, Seattle/King County Bar Association, "A Health Care Dilemma - Planning for Long Term", April 1988 Long Term Care Administration, National Health Publishing, Contributing Editor Long Term Care Survey Newsletter, Health Professions Press, Managing Editor, Long Term Care Handbook, "OBRA Sanctions" (with Richard J. Howard) National Health Lawyers, 1991 Technical Report "Legal Issues in Contracting with Managed Care Organizations", AAHSA, 1995 Recent Speaking Engagements LeadingAge (formally American Association of Homes and Services for the Aging) 2010, 2011 Annual Meeting: Assisted Living and CCRC Update 2009 Annual Meeting: AL/CCRC Update, Social Accountability 2008 AAHSA Future of Aging Services (April) AAHSA Annual Meeting: Sessions on Social Accountability, Not-For-Profit Tax issues, Regulatory Update 2007 Annual Meeting: Assisted Living Issues Update; CCRC Issues Update; Intergenerational Issues in CCRC s 2006 Annual Meeting: Legal Update for Administrators : various topics including Nursing Home Survey and Enforcement Process, Corporate Compliance, Fair Housing Ziegler Capital Markets, CFO Workshop, 2007, 2008, 2009, 2010, 2011: Federal Regulatory Update, Tax issues for NFP s, Equity-based CCRC s, Social Accountability, GAO study of CCRCs Financial Planners Association 2011 Annual Meeting: The Landscape of Senior Housing Options Washington Association of Homes and Services for the Aging Annual Meeting and other Seminars; Topics include Fair Housing, Corporate Compliance, Assisted Living contracts, Nursing Home Survey and Certification.

76 American Health Care Association 2006 Annual Meeting: Update on Issues Facing Assisted Living Providers American Health Lawyers Association; Long Term Care and the Law 2012 CCRCs Without Walls; A New Care Model 2011 Nursing Home Transparency and Disclosure 2010, Legal Issues for Aging in Place ; topics including Updates on Nursing Home Enforcement, Nursing Home Survey and Certification, Disciplinary Hearing for Health Care Professionals, Access to Housing for the Elderly In addition, Mr. Maag has presented numerous seminars for state provider associations, other provider groups and professional associations as well as numerous Leading Age members in Alabama, Alaska Arizona, California, Colorado, Connecticut Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Montana, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Utah, and Virginia and Washington on a variety of topics including Nursing Home and Assisted Living Laws and Regulations, Fair Housing, Corporate Compliance, Trends in Aging in Place, Non-Profit Tax issues, Social Accountability, and CCRC Tends for the Future.

77 Brian J. Maas Brian Maas is Senior Vice President Associate General Counsel of HCP, Inc. (NYSE: HCP), a real estate investment trust with over $20 billion of healthcare real estate under management. He has been with HCP since 2003 and in such role has handled billions of dollars of real estate and corporate acquisitions, dispositions and financings. Prior to joining HCP, Brian was an associate attorney with Latham & Watkins LLP, with a practice focusing on real estate transactions. Brian received his law degree from Boalt Hall School of Law at the University of California at Berkeley, and a B.S. in Business-Economics from the University of California at Los Angeles. Contact Information: Brian J. Maas Senior Vice President - Associate General Counsel HCP, Inc Kilroy Airport Way, Suite 300 Long Beach, California (562) (phone) (562) (fax) [email protected]

78 Patricia MacTaggart Lead Research Scientist and Lecturer/ George Washington University Adjunct Associate Professor UNC-Chapel Hill Phone Ms. MacTaggart is a Lead Research Scientist at the George Washington University (GW), where she instructs graduate students in health information technology (HIT) policy, quality and state health policy, and co-investigator and instructor under the GW-HITECH University Based Training Grant. She is also an Adjunct Associate Professor in the Department of Health Policy and Management at the University of North Carolina at Chapel Hill Gillings Schools of Global Public Health. She has done extensive policy work on Health Information Exchanges and Health Insurance Exchanges. MacTaggart has been a public servant for almost 40 years including serving as Minnesota s Medicaid Director and a Director at HCFA/CMS. She is also a She is a board member of HIMSS-NCA, AHIMA's Foundation of Research and Education (FORE) Board, National ehealth Collaborative and a member of the Academy Health IT Interest Group, March of Dimes National Public Policy Counsel, National Academy of Social Insurance (NASI), Markle Connecting for Health HIE Advisory Committee, NeHC Consumer Consortium Disparities Work Group and CAHMI Executive Committee

79 ABOUT THE SPEAKER Robert W. Markette, Jr., CHC is of Counsel with the law firm Benesch Friedlander Coplan & Aronoff LLP. His primary areas of practice are health law, Medicare/Medicaid compliance, fraud and abuse, employment law, and litigation. Robert is certified in health care compliance by the Health Care Compliance Board. Robert is admitted to practice in Indiana and Oklahoma. Robert assists clients including county health departments, home health agencies, private duty agencies, hospices and physicians with a wide range of health care compliance and litigation issues. Robert has counseled clients on fraud and abuse issues ranging from joint ventures to marketing efforts. Robert has advised clients on HIPAA privacy and security compliance, Medicare certification, licensure, business transactions including changes of ownership and many other health law matters. Robert has assisted clients during licensure surveys and payer audits as well as representing the clients in appeals of actions taken by administrative agencies. Robert has also guided clients through fraud and abuse investigations, including assisting with internal investigations, responding to government inquiries, and negotiating settlements. Robert has spoken across the country on health law matters including HIPAA Compliance, Fraud and Abuse, Medicare Compliance, Home Health Advanced Beneficiary Notices, Wage and Hour compliance, and Non-Competition Agreements. Robert drafted the HIPAA Security Rule Compliance Manual, a comprehensive manual containing a detailed explanation of the Security Rule as well as template policies and forms designed to assist health care providers in complying with the HIPAA security rule. Robert also assisted John Gilliland in researching and drafting a number of state law versions of The HIPAA Privacy Compliance Resource Manual, a comprehensive manual of template policies and forms to assist health care providers in meeting the requirements of the HIPAA privacy rule. Robert is a regular contributor to HomeCare and the Law, a publication of the Indiana Association for Home and Hospice Care. He has also authored numerous articles on fraud and abuse, HIPAA, and other health law topics for the Remington Report and other trade publications. Robert graduated from Hanover College with a degree in Computer Science and received his law degree from Indiana University School of Law in Bloomington, Indiana. During law school he served on the Federal Communications Law Journal. Robert is a member of the American Health Lawyers Association, the Health Care Compliance Association and the Indiana and Oklahoma State Bar Association.

80 DAVID C. MARSHALL David C. Marshall was admitted to the Pennsylvania Bar in His educational background includes James Madison University (B.S., Political Science, 1991) and the Dickinson School of Law of the Pennsylvania State University (J.D., 1995). Mr. Marshall is currently a Shareholder with Latsha Davis & McKenna, P.C. While in law school, he was a member of the Appellate Moot Court Board and the Dickinson Law Review ( ). He is the author of Political Asylum: Time For A Change - The Potential Effectiveness of Reforms To Prevent Terrorist Attacks in America, 95 Dick. L. Rev (Summer 1995). Mr. Marshall is also co-author of PANPHA s LTC Legal Brief, Labor Law Implications of Volunteers for Health Care Providers. Currently, Mr. Marshall is a member of the American Health Lawyers Association and the Pennsylvania Bar Association. He has lectured before LeadingAge, the American Health Care Association, LeadingAge-PA, LeadingAge-NJ, the Pennsylvania Association of County Affiliated Homes, the Pennsylvania Health Care Association, and the American College of Health Care Administrators. His primary area of practice is health care law, particularly in the post-acute, long term care setting. Mr. Marshall provides representation to clients on matters including Medicare and Medicaid reimbursement, HIPAA, fraud and abuse, corporate compliance, regulatory and licensure matters, real estate tax exemption matters and corporate issues. He has provided representation in hundreds of cost-based and case mix Medical Assistance appeals, involving a broad spectrum of reimbursement issues confronting providers. He has been involved in numerous tax exemption appeals and corporate and regulatory compliance matters. He also has helped long-term-care providers develop successful corporate compliance plans. Mr. Marshall has participated in providing representation for clients before the administrative and judicial tribunals of the Commonwealth of Pennsylvania, including the Bureau of Hearings and Appeals, the Court of Common Pleas, the Commonwealth Court, and the Supreme Court of Pennsylvania v1

81 David C. Marshall, Esq. RECENT CLASSES/SEMINARS/PRESENTATIONS TAUGHT OR INSTRUCTED Pennsylvania Bar Institute, Understanding the Basics of Fraud & Abuse in the Health Care Industry David C. Marshall, Esq. What You Need To Know About Compliance Programs July 17, 2012 LeadingAge PA 2012 Annual Conference Kimber L. Latsha, Esq. and David C. Marshall, Esq Legal Update June 29, 2012 ParenteBeard Senior Living Services Update David C. Marshall, Esq. December 5, 6 and 7, 2011 Legal and Regulatory Update LeadingAge PA Finance Seminar Kimber L. Latsha, Esq., David C. Marshall, Esq. and Peter R. Wilson, Esq. November 16, 2011 Legal Update LeadingAge Annual Conference David C. Marshall, Esq. October 18, 2011 Does Your Corporate Compliance Plan Work? PALA Kimber L. Latsha, Esq., David C. Marshall, Esq., Steven M. Montresor, Esq. April 19, 2010 Avoiding Legal Pitfalls Case Studies in AL/PC PACAH David C. Marshall, Esq. and Angela L. Thomas, Esq. October 5, 2010 Who, What, When & Where: (Conducting the Effective Workplace Investigation) LeadingAge Annual Meeting David C. Marshall, Esq. and Angela L. Thomas, Esq. November 3, Conducting Effective Workplace Investigations LeadingAge PA Annual Conference Kimber L. Latsha, Esq. & David C. Marshall, Esq. June 26, 2009 Legal Issues Update PICPA (PA Institute of Certified Public Accountants) May 29, Kimber L. Latsha, Esq. and David C. Marshall, Esq. Long Term Care: Legal Update v1

82 Keith A. Mauriello tel fax Areas of Practice Healthcare, Government Affairs and Public Policy, Life Sciences Keith A. Mauriello is a Partner of the Firm on the Healthcare Practice Team. He is the co-editor of the AGG Healthcare Authority, a weekly electronic newsletter distributed by the Healthcare Practice Team that includes current news briefs, articles, and announcements relevant to the healthcare industry. Mr. Mauriello is also a member of the Firm s Hiring Committee. Mr. Mauriello focuses his practice on the representation of healthcare providers, including health systems, hospitals, nursing homes, assisted living facilities, hospices, home health agencies, and physicians. He represents and advises providers on a wide variety of federal and state healthcare regulatory matters, ranging from operations and regulatory compliance, administrative litigation, and change of ownership, due diligence, and other healthcare transactional matters. He has extensive experience in Medicare and Medicaid reimbursement compliance and appeals, civil monetary penalty defense, certificate of need matters, and health information privacy issues. Mr. Mauriello also advises on and prepares providers for regulatory issues relating to laws promulgated under healthcare reform. Mr. Mauriello is a frequent author and speaker on numerous healthcare topics, and has been published in the Georgia Bar Journal and several American Health Lawyers Association (AHLA) publications. He is involved with various professional healthcare organizations and takes an active role in his community. Representative Experience Assisted large hospital system in emergency room physician on-call coverage structure, implementation, and related matters Represented private equity firm and national multi-facility organization as healthcare regulatory counsel in complex $2.4 billion sale of real estate assets and transfer of operations Successfully litigated and resolved a $1 million civil monetary penalty and related sanctions imposed upon nursing facility for alleged resident abuse Assisted large hospital system on compliance matters regarding durable medical equipment and related supplier standards Successfully obtained fully favorable decision for a Medicaid reimbursement rate calculation appeal Successfully represented national healthcare provider in multiple Medicare reimbursement appeals Assisted numerous nursing facilities in obtaining certificate of need approval for relocation, and advised on related Medicaid reimbursement matters Successfully represented assisted living organization in administrative proceedings for licensure surveys and sanctions and related litigation for the denial of waivers of certain state regulations Advised and assisted healthcare providers in obtaining rate-relief for distressed facilities and other related reimbursement issues

83 Successfully litigated and resolved certificate of need competitive batch appeal relating to expansion of home health agency services Advised numerous healthcare providers in change of ownership and related transactional issues involving certificate of need, licensure, reimbursement, and other regulatory matters Successfully litigated and obtained complete reversal of an agency s decision to deny enrollment of a healthcare provider in the Medicaid Community Care Services Program Awards and Recognition Rising Star, Georgia Super Lawyers (Healthcare), 2012, 2009, New Partners, Daily Report Online, February 2011 American Health Lawyers Association, Hospitals and Health Systems Practice Group s Leadership Development Program, Leadership Atlanta's L.E.A.D. Program, Class of 2008 Professional Activities State Bar of Georgia, Health Law Section, Executive Committee Member, 2012 American Bar Association, Health Section American Health Lawyers Association Georgia Academy of Health Care Attorneys American College of Healthcare Executives Lawyers Foundation of Georgia, Fellow Georgia Law Review, Editorial Board and Articles Editor, Muscular Dystrophy Association, Reach for a Cure Committee Member, Education University of Georgia School of Law, Juris Doctorate, 2002 (cum laude) University of Kentucky, Bachelor of Science, 1999 (magna cum laude) Admitted to Practice State of Georgia, 2002 Georgia Supreme Court, 2009 United States Court of Appeals for the Fourth Circuit, 2009 Representative Publications CMS Announces New Partnership to Improve Dementia Care Initiative," Alert. Long-Term Care, Senior Housing, In-Home Care and Rehabilitation Practice Group of the American Health Lawyers Association. June 29, "PPACA Section 3025: The Hospital Readmissions Reduction Programs," Hospitals and Health Systems Rx. American Health Lawyers Association. May Contributing Author of Case Summaries: EMTALA Answer Book, 2012 Edition. Aspen Publishers. January Is Georgia Prepared for Health Pandemic, Georgia Bar Journal. Volume 15. Number 6. April HIPAA Breach Notification Regulations Sanctions No Longer Discretionary, Georgia Health Law Developments. Health Law Section of the State Bar of Georgia. March Contributing Author: Fifty State Survey of Certificate of Need and Licensure: Nursing Homes, Assisted Living, Home Health, and Hospice. American Health Lawyers Association

84 Sean McKenna, Assistant U.S. Attorney, Department of Justice Sean R. McKenna has been an Assistant United States Attorney in the Northern District of Texas since September He is the District's civil health care fraud coordinator, and handles civil and criminal health care fraud cases. Before joining the U.S. Attorney's Office, Mr. McKenna worked in Washington, DC at the Office of Counsel to the Inspector General, and in Dallas at the Office of General Counsel for the Department of Health and Human Services.

85 D ENVER / P HOENIX WWW. MPHEALTHLAW. COM 450 E. 17 th Avenue Suite 220 Denver, CO E. Washington Street Suite 500 Phoenix, AZ All attorneys admitted to practice in Colorado *Also admitted in Arizona Jim Miles, Esq. Jim Miles is an attorney with the Denver and Phoenix offices of Miles & Peters, a firm that has a national practice specializing in health law. Mr. Miles has been practicing health law for approximately 16 years. He specializes in the representation of health care providers and professionals, emphasizing commercial transactions, Stark and Anti-Kickback compliance, and business planning. His clients include numerous health care providers, including physician practice groups, hospitals, nursing homes, assisted living facilities, community health centers, and all other health care providers. He serves as general counsel to several health care provider trade associations. Mr. Miles served as a Vice Chair of the American Health Lawyers Association from 2004 through He was also selected as a Rising Star by Super Lawyers / 5280 Magazine in the field of health law for Colorado for both 2008 and 2009.

86 Level: Advanced Offer industry perspectives on the operational and other business challenges of implementing these models Discuss the intersection between the new world of coordinated care and the traditional framework of healthcare fraud and abuse laws Provide practical tips for structuring hospital/snf collaborations to accommodate ACA goals while reducing risk of adverse enforcement action under fraud and abuse laws Type of Handout Materials: PowerPoint slides will be provided. Biographies: Claire F. Miley is a member of Bass, Berry & Sims PLC and a Vice Chair of the Regulation, Accreditation and Payment (RAP) Practice Group of AHLA. She devotes her practice exclusively to health law and represents a broad range of healthcare providers, including long-term care facilities. She speaks and writes frequently about healthcare regulatory topics, including most recently at the 2012 AHLA Annual Meeting in Chicago. Kirstin B. Sumner is an Associate General Counsel for Brookdale Senior Living Inc., a national, publicly traded senior housing company with approximately 675 senior housing communities in 35 states. Ms. Sumner handles a broad array of issues for Brookdale, including regulatory, licensure, risk management, fraud and abuse, and contracting and negotiations for independent living communities, assisted living communities, skilled nursing facilities, outpatient rehabilitation clinics, home health agencies, and continuing care retirement communities.

87 Bio: Barbara L. Miltenberger, Husch Blackwell LLP Current Responsibilities: Barb. Miltenberger, J.D., R.N., is a partner at Husch Blackwell, LLP in its Jefferson City, Missouri office and a member of its Health Law Department. As part of her responsibilities to the Firm, Barb advises local, regional and national providers of assisted living facilities, home health care, long term care organizations and hospices on compliance measures, Medicare and Medicaid, licensing issues and reimbursement. Ms. Miltenberger also advises hospital systems clients on quality measures and survey compliance matters. She develops corporate compliance plans for a wide-range of health care providers and assists providers maintaining regulatory compliance. Barb supervises junior partners and associates in the Firm, is a frequent speaker and writer for national seminars and publications and is frequently asked for comments from various trade publications. Ms. Miltenberger is currently on the Board of Directors for the American Health Lawyers Association and was the Chair of its Long Term Care, Senior Housing, In-Home Care and Rehabilitation Practice Group from Pertinent Experience: Barb brings her decade of nursing experience to her legal practice. She has over 20 years experience advising local, regional and national providers. Barb has significant experience in fraud and abuse matters, particularly with quality of care issues, and represents clients in matters with the Department of Justice, CMS Office of the Inspector General and State Medicaid Fraud Control Units. Barb has successfully litigated before CMS Departmental Appeal Board overturning sanctions imposed on providers by CMS, including civil money penalties. Barb has advised hospital and long term care clients with immediate jeopardy citations and threatened termination of their provider agreements with CMS. She has also successfully tried reimbursement cases on Medicare Part B appeals. EDUCATIONAL BACKGROUND University of Arkansas College of Nursing Little Rock, AR. University of Missouri Law School Columbia, Missouri 1977 B.S.N., Nurse Practitioner (Major: Nursing) 1989 J.D. (Major: Law) Order of the Coif Law Review, Journal of Dispute Resolution JEF

88 Adelman Sheff & Smith LLC :: Lewis Morris Page 1 of 2 1/11/2013 Lewis Morris Senior Counsel Areas of Practice: Hospital and Healthcare Law [email protected] Lew Morris joined the firm in June 2012, after retiring from the Department of Health and Human Services, Office of Inspector General (OIG) with 25 years of service. Lew has served as Chief Counsel to the OIG for the last ten years, during which time he designed and implemented the OIG self-disclosure protocol; which enables organizations to voluntarily disclose self-discovered evidence of potential fraud and avoid the costs and disruptions associated with a Government-directed investigation and litigation. Prior to serving as Chief Counsel, Lew also served as a Special Assistant United States Attorney for the Middle District of Florida, the Eastern District of Pennsylvania and the District of Columbia. He recently completed a six year term as a member of the Board of Directors of the American Health Lawyers Association, and has also served as a Director of the Health Care Compliance Association. Lew received his Bachelor of Arts with Honors from Harvard College, and his J.D. from Northeastern University School of Law in ADMITTED TO PRACTICE: District of Columbia Professional Memberships: American Health Lawyers Association: Member, Board of Directors, District of Columbia Bar Association Health Care Compliance Association: Member, Board of Directors,

89 Adelman Sheff & Smith LLC :: Lewis Morris Page 2 of 2 1/11/2013 Awards: Presidential Rank Awards of Meritorious Executive- 2010, 2000 Taxpayers Against Fraud, Integrity in Government Award Hubert H. Humphrey Award for Service to America Office of Inspector General, Thomas D. Morris Leadership Award Attorney General's Award for Distinguished Service Presentations & Publications: The Health Care Director's Compliance Duties: A Continued Focus of Attention and Enforcement, August 2011, (A joint publications of the OIG and AHLA) A New Quality Compass: Hospital Boards Increased Role Under the Affordable Care Act, Health Affairs, July 2011, co-authored with Elizabeth Belmont, et al. OIG Oversight of Financial Conflicts of Interest, BNA Health Care Fraud Report, April 6, 2011 The Agenda for Continuing Medical Educations- Limiting Industry's Influence, The New England Journal of Medicine, December 2009, co-authored with Julie Taitsman Combating Fraud in Health Care: An Essential Component of Any Cost Containment Strategy, Health Affairs, September 2009

90 Tony Munns, FBCS, CITP, CISA, CIRM Partner, Risk Advisory Services Tony is an IT Audit Partner in the Brown Smith Wallace Risk Advisory Services practice. Major projects include IT Audit, Security, HIPAA implementation services and technology attest reviews such as AICPA SSAE 16 SOC 1, AT101 SOC 2 & 3, and agreed-upon-procedures reviews. Tony is the founding Partner and Leader of the HIPAA-HITECH practice at Brown Smith Wallace LLC. He speaks and writes extensively on HIPAA and HITECH security matters and is a recognized HIPAA-HITECH data security and privacy expert [email protected] Service Expertise Education, Certification and Honors Community and Industry Involvement In addition, Tony has Implemented Quality Assurance and Project Management for Lucent Technologies, including establishing a Quality Gate Process for a major ERP system implementation effort. He has managed and audited the implementation and support of enterprise systems and processes for multiple Fortune 500 companies. He leads outsourced IT audit services for many St. Louis area based companies, including multinationals, financial services companies and major retailers. IT Audit, Security and Controls. Enterprise Risk Management Complex Project Management, ERP Implementation CIO Advisory Services from Strategy to Management Product Safety Risk Management Published Subject Matter Expert HIPAA, HITECH and Data Breach Notification Subject Matter Expert University of Wales Institute of Science and Technology Statistics University of Phoenix - Bachelor of Science in Business Administration Fellow of the British Computer Society (FBCS) Chartered IT Professional (CITP) Certified in Integrated Resource Management (CIRM) Certified Information System Auditor (CISA) Certified in Systems Analysis (NCC-UK) Institute of Internal Auditors - Member Information Systems Audit & Control Association - Member American Production & Inventory Control Society - Member British Computer Society - Fellow Society for Information Management Member Faculty for Product Safety Risk Management, Saint Louis University John Cook School of Business Author, Product Safety Risk Assessment Manual, Published 2010 ADK Information Services, ISBN:13: St. Louis Learning Disability Association - Member

91 The following are recent publications by Tony Munns: No Longer Under the Radar HIPAA/HITECH Puts Business Associates Under Full Government Scrutiny. Whitepaper By Anthony Munns, Published by Brown Smith Wallace LLC October 2010 No longer SASsy - How a change in auditing standards will impact service organizations and their customers. By Anthony Munns. On the new AICPA SSAE16 standard that is replacing the SAS 70. Smart Business St. Louis, June 2011 Performing a Security Risk Assessment. Co-Author. ISACA Journal Feature Article, Risk Management and Assessment issue, Volume 1, Copies of these articles can be supplied upon request. In the last year Tony Munns has performed HIPAA Education seminars and services for the following companies: Nobel Biocare - Nobel Biocare is a world leader in innovative restorative and esthetic dental solutions, providing dental professionals with state-of-the-art evidence-based tooth-to-root solutions. Unibased Systems Architecture - Unibased has achieved "Best In KLAS" for 9 consecutive years for the market segment of enterprise scheduling ( ) and 8 consecutive years for surgery management ( ). An Amerinet supplier, markets various products that are open, scalable, integrated client/server and webbased solutions, designed to meet the unique needs of healthcare organizations and improve the coordination of healthcare services Penn National Gaming owns and operates gaming, racing and hospitality facilities in 27 states LDM Group a provider of care points and script guides to pharmacy management software systems Client Services a healthcare provider financial service provider Orthopedic Associates of St. Louis a major healthcare provider Charter Communications Charter Communications, Inc. is a Fortune 500 company and the fourth-largest cable operator in the United States. Charter provides advanced video, high-speed Internet, and telephone services to approximately 5.2 million residential and business customers in 25 states. Research Triangle Institute International RTI International is an independent, nonprofit institute that provides research, development, and technical services to government and commercial clients

92 Matthew J. Murer Polsinelli Shughart PC 161 North Clark Street Suite 4200 Chicago, Illinois (312) ; (312) (fax) Senior Housing & Long Term Care (Assisted Living, Independent Living, Skilled Nursing Facilities, CCRCs) Work with clients to develop new assisted living facilities in a variety of states. Advise clients on compliance with state and federal law, including certification and licensure issues. Advise clients on business planning. Assist clients in addressing zoning and entitlement issues. Draft provider contracts and agreements including vendor contracts under the Prospective Payment System. Draft resident contracts and litigate related issues. Represent providers in administrative hearings including audit hearings, termination actions, and complainant hearings. Assist clients in settling Life Safety Code disputes with both state and federal authorities. Assist clients in responding to certification and accreditation surveys. Assist municipalities in drafting local ordinances to address long term care and senior housing issues. CON / Health Planning Assist clients in applying for Certificates of Need and Certificates of Exemption. Represent existing health care providers in opposing applications including the litigating complaints for administrative review. Counsel clients regarding coordination of project development with the Certification of Need application process. Assist clients in requesting declaratory rulings on interpretations of the Illinois Health Facilities Planning Board s rules. Fraud and Abuse Assist clients in a variety of health care fields in responding to subpoenas and investigations by the Office of the Inspector General, the Federal Bureau of Investigation, State Medicaid Fraud Control units and State police. Assist clients in responding to audits conducted by Medicaid, Medicare and the Office of the Inspector General including representing clients in audit appeals. Reduced joint Medicare/Office of Inspector General audit from $1.1 million to $325,000. Counsel clients regarding investigation and resolution of compliance concerns. Review business arrangements and agreements and draft opinion letters regarding compliance with state and federal fraud and anti-kickback laws. Develop compliance plans for clients and assist in their implementation including training and ongoing monitoring. Conduct fraud audits and compliance training for clients. Assist clients in refunding overpayments. Assist clients in voluntarily disclosing compliance issues to the Office of the Inspector General. Medicare and Medicaid Reimbursement Advise clients on enrolling in Medicaid waiver programs for assisted living. Represent clients in reimbursement disputes including medical necessity determination appeals. Advise clients regarding TEFRA reimbursement and rebasing. Successfully appealed intermediary interpretation of denial of payments resulting in $200,000 gain for client. Draft opinion letters regarding various issues of reimbursement including coverage, limitations, and reporting requirements

93 Pharmacy and Pharmaceutical Law Advise pharmaceutical manufacturers regarding complying with regulatory requirements (state and federal). Advise pharmacists and pharmacy technicians regarding civil liability. Assist pharmaceutical and medical device manufacturers in responding to FDA inspections and in completing New Drug Applications and Abbreviated New Drug Applications. Represent pharmacists, pharmacy technicians, and pharmacies before state boards of pharmacy and the FDA regarding the issue of compounding versus manufacturing. Drafted regulations for the Illinois State Board of Pharmacy for automated pharmacy dispensing systems. Advise clients regarding compliance with the Prescription Drug Marketing Act and avoiding liability under the Medicare and Medicaid Fraud and Anti-kickback statute. Professional Activities: Assisted Living Federation of America Government Relations Committee, State Legislative and Regulatory Advisory Committee, Legal Counsel Committee; Illinois Health Care Association Assisted Living Committee, Administration and Finance Committee, Legal Taskforce Pharmacy Technician Certification Board Exam Question Author and Item Writing Workshop Participant; Member of the Illinois Legislative Task Force on Senate Bill 10 / House Bill 427 ( The Assisted Living and Shared Housing Establishment Act ); and Senior Housing roundtable participant in the Governor s 1999 Summit on Aging. Professional Organizations: Assisted Living Federation of America, American Health Lawyers Association, Life Services Network, American Seniors Housing Association, American Health Care Association, Illinois Health Care Association, Illinois State Bar Association. Appointments & Awards: Appointed to the Illinois Assisted Living Advisory Committee and the Illinois Assisted Living Quality of Life Committee; Appointed by the Illinois Alzheimer s Association to the Blue Ribbon Committee on the Regulation of Assisted Living for Alzheimer s; State Advisory Committee for the Illinois Affordable Assisted Living Initiative; AARP Partnership in Excellence Award for work on Illinois Assisted Living and Shared Housing Establishment Act. Education University of Illinois, College of Law, Champaign, Illinois, Dean s list; Civil Rights Moot Court Best Overall (Brief & Argument), quarter-finalist in national competition; Moot Court Judge for first year practice rounds; Foreign Language Area Studies Fellow. University of Illinois, College of Liberal Arts, Champaign, Illinois, Bachelor of Arts, Russian and East European Studies / Political Science. James Edmund Scholar; P.A. Bergner s Academic Excellence Scholar; Dean s List The Pushkin Institute, Moscow, Russia, Fall 1990, Certificate in intermediate Russian

94 ANJANA D. PATEL member of the firm vice chair of the health care practice group SPECIALTY: AREAS OF EMPHASIS Health and Hospital Law Representation of Hospitals, Long-Term Care Facilities, Physician Groups and other Health Care Facilities and Businesses Regulatory Compliance (State & Federal laws and regulations governing health care facilities and professionals) Health Care Reform Related Strategic Initiatives (ACOs, bundling, etc.) Health Care Mergers, Acquisitions, Joint Ventures and Affiliations Health Care Transactional Matters EDUCATION J.D., with honors, The University of Texas School of Law, 1997 B.S., with high honors, Rutgers University, 1993 ANJANA D. PATEL is Vice Chair of the Sills Cummis & Gross Health Care Practice Group. Ms. Patel represents a diverse group of health care providers, including hospitals, nursing homes, home health agencies, ambulatory surgery centers and other ambulatory care facilities, pharmaceutical and medical device companies, investment funds specializing in health care, physician groups and various other health care facilities and businesses. Ms. Patel represents health care providers in a variety of complex business transactions including strategic transactions designed to better position providers in light of the new Health Care Reform Law and its mandate for delivery of care reform (such as ACOs and medical homes) and payment reform (such as bundled payments). She also actively represents clients in mergers, acquisitions, joint ventures, affiliations and a variety of contractual matters, including professional services agreements, recruitment and employment. Sills Cummis & Gross P.C.

95 Ms. Patel provides guidance and compliance strategies with respect to health care regulatory issues involving federal and state fraud and abuse laws, the Stark and state self-referral laws, corporate practice of medicine, non-profit and tax-exemption law, and licensure and certificate of need regulation. In addition, she provides advice on the organization, governance and operations of non-profit and for-profit companies. Ms. Patel is a frequent speaker at conferences, both nationally and regionally, on health care issues, and has authored numerous articles in various health care industry publications. Ms. Patel has been selected for inclusion in the editions of Chambers USA * published by Chambers & Partners under New Jersey Healthcare, the editions of The Best Lawyers in America * published by Woodard/White under Health Care Law, and the 2012 edition of the New Jersey Super Lawyers * published by Thompson Reuters under Health Care. New Jersey Super Lawyers * published by Thompson Reuters identified her as one of New Jersey s Rising Stars in 2008, 2009 and In 2007, Ms. Patel was named to the New Jersey Law Journal s 40 Under 40 list for her achievements in the legal profession. Ms. Patel serves as Co-Chair of the Firm s Diversity Committee. *For ranking methodologies, please see and RELATED AFFILIATIONS Vice Chair, American Health Lawyers Association, Long Term Care, Senior Housing, In-Home Care, and Rehabilitation (LTC-SIR) Practice Group Member, American Bar Association Member, New Jersey State Bar Association, Health and Hospital Law Section Faculty Member, The Governance Institute AWARDS Recipient of the Asian Pacific American Lawyers Association of New Jersey, Inc. Award in Recognition of Professional Achievement (April 2007) RECENT SEMINARS AND PRESENTATIONS Legal Issues with Implementing New Care Delivery Models presented at the Meeting the Challenges of a Transforming Healthcare Industry: Implementing New Initiatives and Business Models Program sponsored by the New Jersey Hospital Association, June 2012, Princeton, New Jersey Legal and Regulatory Differences: For Profits vs. Non-Profit Hospitals, presented at the Considering Strategic Options: Differences in Affiliations and Transactions With Non-Profit vs. For-Profit Hospital Systems Program Sills Cummis & Gross P.C.

96 Karl Polzer Senior Director of Policy National Center for Assisted Living American Health Care Association 1201 L Street, NW Washington, DC [email protected] Karl Polzer joined the American Health Care Association s National Center for Assisted Living (NCAL) in 2005 as its senior policy director. In this position, he develops policy positions on long term care issues and advocates for policy changes both within executive branch and on Capitol Hill. He also provides analysis, research, and information on a variety of issues relating to assisted living, Medicaid, Medicare, provider payment, state/federal regulation, quality of care, and resident safety. He summarizes and analyzes changes to state assisted living regulations in NCAL s Assisted Living State Regulatory Review, which is published annually. Polzer has more than 20 years of health policy experience in Washington, D.C., including working for nine years ( ) at the National Health Policy Forum at George Washington University where he researched and analyzed a variety of issues including health insurance reform and public and private sector health coverage. Previously, he was a speechwriter for the administrator of the Health Care Financing Administration (since renamed the Centers for Medicare & Medicaid Services) and performed other public affairs functions at the agency. Before joining AHCA/NCAL, he worked as an independent health policy consultant for a variety of organizations including the Employee Benefit Research Institute, the Georgetown University Health Policy Institute, Georgetown s School of Nursing and Health Studies, the California HealthCare Foundation, the Blue Cross/Blue Shield Association, and the Robert Wood Johnson Foundation. He earned his master s degree in public administration in 1989 from the John F. Kennedy School of Government at Harvard University. Before that, he worked as a newspaper reporter and in the health insurance industry.

97 E. Fredrick Preis, Jr., Esq. Senior Partner in the Labor and Employment Law Section of the Breazeale, Sachse & Wilson, L.L.P. Law Firm 30 years experience in representing management in labor law and employee relations matters. Active in many business and civic endeavors, Mr. Preis is Chairman Emeritus of the New Orleans Chamber of Commerce and past Chairman of the Louisiana Association of Business and Industry. Honors and Awards: Louisiana Super Lawyers 2007, 2008, Employment & Labor; Employment Litigation: Defense; Cambers USA: America s leading Lawyers for Business for Louisiana Labor and Employment, 2006, 2008, 2009, 2010, 2011 and Experienced presenter. Mr. Preis has presented this same topic with Mr. Brent and Mr. Burke to the LeadingAge PEAK Conference in April, 2012 and to the LeadingAge Annual Conference in October, Graduate (1974) of Paul M. Hebert Law School, Louisiana State University, J.D.; Louisiana State University, B.S., BA (1971 graduate)

98 Kelly A. Priegnitz, Esq. Vice President and Chief Counsel Kindred Healthcare, Inc., Nursing Center Division 680 S. Fourth Street Louisville, KY Kelly Priegnitz is the Senior Vice President and Chief Counsel for the Nursing Center Division of Kindred Healthcare, Inc., a national, diversified health services company. Ms. Priegnitz has extensive experience in a broad range of health care matters with an emphasis on Long Term Care. As Chief Counsel, Ms. Priegnitz provides guidance and counsel to Kindred's 224 nursing and rehabilitation centers and 23 sub-acute units on a broad range of health care matters including, but not limited to, regulatory issues; compliance and risk management issues; internal audits; government investigations; contracts; physician relations and the development and implementation of training programs designed to promote quality of care and regulatory compliance. Ms Priegnitz also served for 7 years as the Assistant General Counsel of Regulatory Affairs for Sun Healthcare Group, Inc. While at Sun, Ms. Priegnitz provided guidance and counsel on regulatory matters relating to resident care; clinical operations and compliance for 212 centers located across the United States. Additionally, Ms. Priegnitz managed and oversaw regulatory matters regarding nursing home survey, certification and enforcement issues; government investigations; compliance matters; CON, CHOW and licensure matters and acquisitions, mergers and divestitures. Ms. Priegnitz currently serves as a member of both the Legal Subcommittee and Survey/Regulatory Subcommittee for the American Health Care Association. She is also an active member of and speaker for the American Health Lawyers Association. Ms. Priegnitz graduated Magna Cum Laude from Troy State University in 1997, and from the University of Oklahoma, College of Law in Ms. Priegnitz is also a veteran of the United States Air Force.

99 Christopher Connell Puri, Esq. Address Information Boult Cummings Conners Berry, PLC 1600 Division Street, STE 700 Nashville, Tennessee Phone: (615) Fax: (615) Biographical Sketch Christopher Puri is an attorney with Boult Cummings Conners Berry, PLC s Senior Housing and Long Term Care team. He is a recognized national leader in the long-term care area, playing a role in developing long term care policy at both the state and national levels. Prior to entering private practice, Chris served for seven years as legal counsel for the Tennessee Health Care Association (THCA), a state trade association representing Tennessee nursing homes. His practice focuses on the areas of senior housing and long-term care, and health care operations and compliance. Chris s industry experience and depth of knowledge in long term care allow him to provide a comprehensive, full-service practice capable of handling the complete array of legal issues that providers encounter. His practice involves providing ongoing counseling on regulatory, legislative, and business development issues affecting the long-term care providers. He has experience providing counsel in the areas of Medicare and Medicaid compliance, survey and certification, risk management, compliance and tort litigation, as well as other general areas of health care and long term care law. Mr. Puri does extensive regulatory counseling for clients, and regularly represents organizations before Tennessee and federal regulatory agencies. He offers a keen understanding of how regulatory and other policy issues keenly impact the business development of providers in senior housing and long term care. With THCA, he played a primary role in drafting and lobbying the Association s legislative initiatives. Mr. Puri has also represented the Association in a federal district court lawsuit that challenged the provision of long term care services in Tennessee as a violation of the integration mandate of the Americans with Disabilities and Medicaid Acts. Mr. Puri currently serves as a member of the American Health Care Association s Legal Subcommittee, and participates in both its Medicaid Reform and Survey Reform Task Forces. He is also a Planning Committee member for the American Health Lawyers Association Long Term Care and the Law program and is past-chair of its Long Term Care Practice Group. He is a regular speaker and author for national and state audiences, including AHLA, the Tennessee Bar Association, and the American and Tennessee Health Care Associations. He is a graduate of the Tennessee Bar LawLeaders Program in Recently, he was selected to the editorial board of Eli Long Term Care Survey Alert. He belongs to the Tennessee and Nashville Bar Associations, and is admitted in Tennessee and in the U.S. District Court (WD. and M.D. Tn). Chris received his J.D. degree from the Cumberland School of Law, Samford University in Birmingham, Alabama in He received his B.A. degree in political science from Emory University in An avid golfer and hockey fan, Chris and his wife Melissa currently live in Nashville, Tennessee.

100 Presentations Brian Purtell Affiliations DeWitt Ross & Stevens S.C., Partner, Attorney and Lobbyist Wisconsin Health Care Association, Inc., Director of Legal Services Wisconsin Center for Assisted Living, Executive Director Society for the Advancement of Gerontological Environments (SAGE), Board of Directors Wisconsin Coalition of Person Directed Care, Board of Directors Continuum Magazine, Contributing Editor AHCA/NCAL Legal Committee, Member Recent References/Audiences Wisconsin Health Care Association/ Wisconsin Center for Assisted Living LeadingAge Wisconsin (joint programming with above) West Virginia Health Care Association Care Providers of Minnesota AHCA/NCAL American Health Lawyers Association Metastar (WI QIO) Wisconsin Department of Health Services Division of Quality Assurance Indiana (PA) County Healthcare Careers Consortium American Conference Institute Kindred Healthcare Wisconsin Medical Directors Association Wisconsin Director of Nursing Council General Sessions: The Power of the Collective: Quality improvement is shown to accelerate when providers work in collaboration with others in their efforts. Going it alone can be a daunting challenge when seeking to improve overall or specific performance measures. The power of collaborative effort is being seen in such programs as Advancing Excellence in America s Nursing Homes and work with state QIOs, yet not all choose to engage or have lost some enthusiasm. Using authoritative data that supports the premise, this session is intended to encourage and motivate providers to break from their silos and embrace the benefits of working with other providers, QIOs or state associations across the acute and long term care field to achieve both individual and collective goals, including pressure ulcer and fall prevention, culture change, infection control, antipsychotic reduction, etc. Attendees leave the session with renewed enthusiasm to double-down on their efforts and maximize outcomes at this critical juncture where quality outcomes will mean the difference areas of payment, referrals, and customer satisfaction. Audience: All staff of SNF, AL, Hospital, HHA, Hospice providers. Can be tailored to a facility specific or broad audience. Very appropriate for a keynote or general session. Copyright 2012 DeWitt Ross & Stevens S.C. Madison Brookfield

101 Mandating Flu Immunizations: The clinical, legal and professional case for requiring staff receive seasonal influenza vaccinations: Decades of efforts to encourage, educate, cajole or beg staff to receive seasonal vaccinations has failed to achieve acceptable immunization rates within the health care workforce. Calls and support for requiring vaccinations as a condition of employment in acute and long term care facilities increase from authoritative bodies. This session explores the clinical, legal and professional obligation issues related to adoption of such a policy. The presentation is not intended to be a balanced discussion, rather, it emphatically shatters the myths that often serve as excuses by staff, addresses the misperceptions of legal prohibitions, and addresses the professional and ethical obligations of clinicians to not expose their patients/residents to possible harm. Audience: All health care workers and leaders. Time: minutes (scalable to needs) Technology: Minimizing Risk in a Wireless World: Identification of the risks and issued presented by technology for by LTC providers. Program identifies areas that providers should consider and address as they (should) embrace technology advancements. This session is a pro-technology discussion, but issue spots for providers to assist them in looking before they leap, while also identifying areas of concern that they must address in light of technology advancements. Presentation builds on a discussion of a recognized risk assessment process for providers and then applies this foundational discussion as they consider impact of social media, consumer demands and preferences, expanded electronic communications and transmissions of resident information, employee and resident/visitor use of phones/cameras/video, as well as considerations as consumers increasingly are bringing technology issues into facilities. Suggested policy modifications and training templates are provided to participants. Audience: SNF and AL providers, can be adapted to either or both providers. Time: Best if at least 90 minutes, but can be adapted for up to three hours by expansion of HIPAA related discussion. Keeping Social Media Social: A popular and timely program discussing the issues, including risks and benefits, of social media. This session has recently been expanded and updated to incorporate emerging issues, including the use of social media for hiring, screening, and monitoring employees, and the implications of discipline of employees based on social media communications. While addressing concerns and risks, this session encourages providers to develop some form or a social media plan, including policies about who, what, where, and why of usage. Audience: Managers of any employer type. Can be modified to address unique issues faced by a particular business sector. Time: minutes Copyright 2012 DeWitt Ross & Stevens S.C. Madison Brookfield

102 DEBORAH A. RANDALL, J.D. LAW OFFICE OF DEBORAH RANDALL HEALTH SERVICES & TELEHEALTH CONSULTING 1391 PENNSYLVANIA AVE SE,STE 527,WASHINGTON DC Deborah Randall has 25 years experience with the health industry, concentrating in: Health regulations and reimbursement (federal and state); Medicare/Medicaid policy; Privacy/HIPAA Aging services and chronic disease care management; Alzheimer s Disease and related dementias Long term care, homecare and hospice and other community-based services Compliance and internal investigations for hospitals, long term care providers, hospices and homecare Telehealth, health information technology [HIT] and remote monitoring, and related research. Ms. Randall is a Member of the Board of Directors of the National Alzheimer s Association, serves on the Public Policy Committee, and participates in the work of the Association s technology research division Everyday Technologies for Alzheimer s Disease [ETAC]. She is Fellow of the American Health Lawyers Association, one of 69 Fellows out of 10,000 active members, in recognition of her expertise in long term care law, hospice and homecare. PROFESSIONAL ACTIVITIES In the area of community health services, Ms. Randall advises on compliance, organizational delivery and regulatory issues for the full range of community health providers. She designed, and for a decade has taught hospice and home care compliance training in the national certificate courses of CAHSAH. In addition, she designed and taught daylong courses in on the hospice conditions of participation. She has written twelve book chapters and over 30 substantive articles on regulatory issues, compliance, fraud and abuse issues and reimbursement in hospice and homecare. She also advises health systems and edited a book for the American Hospital Association on integrated health delivery systems for hospital executives. Ms. Randall advises on reimbursement, regulations and strategic positioning in the telehealth field, and has encouraged innovative approaches with health providers and the medical device industry. She serves as Chair of the American Telemedicine Association Hospice and Palliative Care Telehealth Working Group.

103 Deborah A. Randall -2 Previously, in the US Department of Health and Human Services, she was an attorney advisor with concentration on regulations affecting nursing homes, HMOs and human subjects research. At the Federal Trade Commission, she advised on the national advertising of devices and drugs. She served two years as the General Counsel, National Association for Home Care and Hospice. At Arent Fox LLP in Washington DC, Ms. Randall shaped the development of the Health practice, and was twice a departmental manager of the health care, Food and Drug and employment sections of the firm. She advised hospice, homecare, and medical device entities, as well as assisted living, nursing home and hospital systems. In January 2010, Ms. Randall opened her own consulting and legal services offices to better serve community based providers, hospitals and telehealth organizations, with expert advice at moderate fee levels. PUBLICATIONS/PRESENTATIONS/HEALTH IT Ms. Randall lectures and consults extensively on health regulatory and policy issues to health industry companies, health professionals and health associations. Ms Randall spoke in 2011 at the NHPCO Clinical Conference, the VNAA Annual Conference, and the annual meetings of NAHC and the California Assn of Health Services at Home [CAHSAH]. She presented webinars on the Office of the Inspector General Work Plan and on Compliance Plans for hospice and homecare. She taught full day compliance training sessions for hospice and home health providers; lectured for the American Telemedicine Association; and taught quality, coverage and legal issues in end of life care for health attorneys. She spoke at the 2010 International Medetel Conference in Luxembourg on the subject of telehospice and palliative care. She was an Advisor to the Partners Healthcare Connected for Health information technology Symposiums. She has also provided pro bono education for the non-profit Continua Alliance regulatory committee on the governmental rules affecting medical devices and health information technology. APPOINTMENTS; MEMBERSHIPS Chair, Workgroup on Telehospice and Palliative Care, American Telemedicine Association/ Member, New York ehealth Collaborative, Consumer Advisory Council Editorial Board, Compliance Today magazine Articles Reviewer, Journal of Intravenous Nursing Member: The American Telemedicine Association, the National Hospice and Palliative Care Organization, the Health Care Compliance Association; and Fellow, the American Health Lawyers Association EDUCATION Columbia University School of Law, J.D. (Stone Scholar) Harvard University, B.A. cum laude, Government studies. Proficient in French

104 Mark Reagan Mark Reagan is the managing partner of the San Francisco office of Hooper, Lundy & Bookman, P.C. Mr. Reagan represents the long term care profession in California. He is general counsel to the California Association of Health Facilities and represents a significant number of long term care companies operating in California. He is a member of the legal committee of the American Health Care Association and served as chair of the committee for four years. Mr. Reagan is an expert in Medicare and Medicaid reimbursement as well as fraud and abuse, licensing and certification and administrative and false claims litigation. He frequently testifies before the California legislature and a variety of state agencies. He is regularly involved in the legislative and rulemaking processes in California. He received a Bachelors Degree in Economics and Communication from Stanford University in He graduated from Loyola Law School in Los Angeles with a Juris Doctor degree in 1989.

105 Charles H. Roadman II, M.D. is the President and CEO of Assisted Living Concepts, Inc and is the retired President and Chief Executive Officer of the American Health Care Association (1999 to 2004) and former Surgeon General of the U.S. Air Force (1996 to 1999). Prior to November 10, 2006, he was a director of Extendicare Inc. (now Extendicare Real Estate Investment Trust). Dr. Roadman serves as a director and advisor on a number of private corporate boards and associations.

106 Vicki L. Robinson is the Senior Advisor for Health Care Reform for the Office of Inspector General (OIG) at the United States Department of Health and Human Services. She previously served as Chief of the Industry Guidance Branch in the Office of Counsel to the OIG where she was responsible for reviewing business arrangements for compliance with the fraud and abuse laws, preparing advisory opinions, drafting safe harbor regulations, and providing guidance to industry and government stakeholders on the anti-kickback statute, safe harbor regulations, and other fraud and abuse authorities. Prior to joining the OIG, Ms. Robinson was in private practice in Washington, D.C. Ms. Robinson is a graduate of Harvard Law School and Stanford University. She currently serves on the Board of Directors of the American Health Lawyers Association. She has also served on the governing council of the Health Law Section of the American Bar Association. Ms. Robinson is a frequent speaker on health care fraud and abuse topics.

107 Resume EXPERIENCE: Skilled Nursing Facility Reimbursement Serves as the Firm s primary contact with Medicare and Michigan Medicaid on reimbursement issues. Managed all aspects of third party reimbursement for long-term care facilities, including cost report preparation, reimbursement maximization strategies, third party payor audit analysis and appeals. Active in Industry Association reimbursement committees and initiatives. Expert in Medicare prospective payment system, including revenue optimization, ancillary contract negotiation and cost containment. Operational Reviews Firm Leader on creation and maintenance of Long Term Care Benchmarking Database developed for the purpose of assisting providers in analyzing operations. Conducted numerous assignments for senior living providers including benchmark studies, operation reviews and cost containment projects. Elizabeth V. Rust, CPA Healthcare Management Consulting Partner Financial Feasibility Participated in numerous projects assessing the financial feasibility of proposed long-term care facility acquisitions and new developments. The scope of these projects included analysis of demand and market share, preparation of financial models of revenue, expense and cash flows, certificate of need submissions and evaluation of financing alternatives. Long-Range Planning - Assisted various health care organizations in identifying their strategic direction based on internal and external analyses. The process focused on defining organizational vision, purpose and values; identifying goals and objectives; developing action plans; and assigning responsibilities for implementation. Long-Term Care Operations Managed the budgeting process for thirteen facilities with consolidated revenues in excess of $50 million. Performed the financial analysis necessary to evaluate the utilization of financial and personnel resources for long-term care facilities. Participated in numerous financing projects. Participated in the development and implementation of long-term care accounting and information systems. PRIOR ORGANIZATIONAL AFFILIATIONS: Trinity Senior Living Communities (formerly Mercy Services for the Aging) Manager responsible for budgeting, financial analysis and third party reimbursement for thirteen long-term care facilities. KPMG Peat Marwick Supervising Senior Auditor responsible for managing auditing engagements for clients in the health care, governmental and manufacturing industries. EDUCATION: Michigan State University, Bachelor of Arts, Accounting (with Honor) PROFESSIONAL AFFILIATIONS: Health Care Association of Michigan American Healthcare Association Aging Services of Michigan Health Care Financial Management Association Michigan Association of Certified Public Accountants N:\PROGRAMS\ \LTC\bios\rust_bio.doc

108 PROFESSIONAL ACTIVITIES: Frequent speaker on finance, reimbursement and operational issues for long term care facilities sponsored by Aging Services of Michigan, the Health Care Association of Michigan, the Michigan County Medical Care Facilities Council, the Health Care Financial Management Association. Active participant on the HCAM Reimbursement Committee. CONTACT INFORMATION: Northwestern Hwy Southfield, Michigan N:\PROGRAMS\ \LTC\bios\rust_bio.doc

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111 Todd J. Selby Hall, Render, Killian, Heath & Lyman, P.C. One American Square Suite 2000 Indianapolis, IN Phone: (317) Fax: (317) PRACTICE AREAS Long-Term Care Licensing & Accreditation Compliance Counsel Reimbursement Provider/Supplier Enrollment Government Investigations BIOGRAPHY Todd focuses on regulatory and compliance issues affecting all health care providers with an emphasis on long-term care, home health and hospice providers. His practice is concentrated in the areas of licensure, certification, compliance and reimbursement at the local, state and federal levels. Todd also assists clients with Medicare and Medicaid enrollment and participation requirements and serves as a liaison between the clients and the regulatory agencies. Todd has extensive knowledge and experience in these areas and is recognized nationally by long-term care, home health and hospice clients for his skills and proficiency. In addition to his representation of this unique client base, Todd is a frequent speaker before national and state health care providers and associations. PREPARATORY EDUCATION Indiana University, B.S LEGAL EDUCATION Indiana University - Robert H. McKinney School of Law, J.D ADMITTED TO BAR Indiana U.S. District Court, Northern & Southern Districts of Indiana MEMBERSHIPS Indianapolis Bar Association American Health Lawyers Association Health Care Compliance Association American College of Healthcare Executives EXPERIENCE Staff Counsel, Indiana State Department of Health

112 Donna J. Senft is a principal in OberKaler s Health Law Practice Group where she focuses on health care transactions and regulatory matters. She represents various providers, including hospitals, nursing facilities, assisted living facilities, home health agencies, hospices, adult day care centers, rehabilitation agencies, clinical laboratories, and DMEPOS suppliers, in Medicare and Medicaid certification and compliance issues, billing and reimbursement, and state licensure. Donna s practice includes advising health care providers and practitioners regarding acquisitions, mergers, and internal reorganizations, focusing on obtaining licenses, certifications, and billing privileges. Donna s practice also include providing advice regarding coding and payment issues, licensure matters, peer review and professional standards, and professional disciplinary matters. Prior to attending law school, Donna used her physical therapy degree to provide more than 20 years of clinical and administrative services to rehabilitation departments in various health care settings, including five years of consultative services to nursing facilities and other long term care settings throughout the United States. Ms. Senft graduated from the University of Pittsburgh in 1978 with a B.S. in Physical Therapy, and from the University of Baltimore, School of Law in January

113 Richard L. Shackelford +1 (404) Rick Shackelford is a partner in King & Spalding s Atlanta office and is a member of the firm s Healthcare Practice and Business Litigation Groups. He is the Immediate Past President of the American Health Lawyers Association. Mr. Shackelford represents health systems, academic medical centers, pharmacy providers, pharmaceutical and medical device companies, health plans, pharmacy benefits managers, managed care organizations and physician organizations in connection with government investigations and a wide variety of litigation and regulatory matters. He regularly represents healthcare clients in the defense of civil False Claims Act actions, government investigations, and whistleblower actions. He has also litigated numerous complex matters for healthcare clients in federal and state courts around the country, including class actions. These matters typically involve healthcare payment, healthcare regulatory, managed care or complex commercial issues. He also regularly advises healthcare clients on federal and state regulatory issues, including selfdisclosures, compliance, fraud and abuse, managed care, peer review/medical staff and certificate of need. Mr. Shackelford is a frequent lecturer and writer on False Claims Act investigations and healthcare regulatory, fraud and abuse, compliance and healthcare litigation issues. He has been listed for many years in the leading attorney rankings such as Best Lawyers, Chambers, etc. Practice Areas Healthcare Litigation Government Investigations False Claims Act Defense Class Actions Managed Care Litigation Healthcare Regulatory Education B.A., summa cum laude, University of Georgia J.D., summa cum laude, Order of the Coif, University of Georgia School of Law Awards & Recognition Listed in The Best Lawyers in America 1

114 Listed in Chambers USA Client Guide Named by Nightingale s Healthcare News in 2003 and 2007 as an Outstanding Healthcare Litigator Designated a Top 100 Lawyer in Georgia and a Georgia SuperLawyer by Atlanta Magazine. Listed in The Best of the Best: USA (one of 33 lawyers in the U.S.) Listed in Guide to the Leading U.S. Healthcare Lawyers Bar & Court Admissions Georgia trial and appellate courts; Eleventh Circuit Court of Appeals; Northern and Middle Districts of Georgia American Bar Association, State Bar of Georgia, Atlanta Bar Association Memberships Immediate Past President and Member of the Board of Directors of the American Health Lawyers Association ( AHLA ) Past President of the Georgia Academy of Healthcare Attorneys ( ) Past Chair ( ) and Vice-Chair ( ) of AHLA s Committee on HMOs and Health Plans 2

115 SUZANNE SHELDON 11 Marymount Court Valley Park, MO (314) Employment Lutheran Senior Services Director of Risk Management and Corporate Compliance, In-House Counsel St. Louis, MO 2/2010-Present Responsible for the management of enterprise-wide Risk Management activities Responsible for monitoring of corporate compliance activities Responsible for monitoring of claims and claims status Responsible for the review and revision of contracts Liaison between employees, trial counsel and insurance carrier Gonnerman, Reinert & Cantalin, P.C. Of Counsel Health Care Liability and Risk Management St. Louis, MO 6/09-1/2010 Responsible for case management and development of strategy Responsible for trial preparation Preparation of witnesses for trial and deposition Claim investigation Legal research and writing Development and presentation of numerous Risk Management programs for physicians and other health care providers across the state Carmody MacDonald, P.C., Associate Attorney Health Care Liability 6/06 6/09 St. Louis, MO Responsible for case management and development of strategy Responsible for trial preparation Preparation of witness for trial and deposition Conduct depositions Legal research and writing Development and presentation of numerous Risk Management programs for physicians and other health care providers across the state Brown & James, P.C., Senior Associate Attorney Health Care Liability 8/05 6/06 St. Louis, MO All duties as listed below Increased responsibility for case management and development of strategy Increased responsibility for trial preparation Brown & James, P.C., Junior Associate Attorney Health Care Liability 8/02-8/05 St. Louis, MO Responsible for legal research and writing Conduct depositions Case development Trial preparation Attend hearings and motion dockets Missouri Attorney General s Office, Law Clerk Labor Division 6/01-7/01 St. Louis, MO

116 Responsible for legal research and writing, assistance with settlement proposals Conducts depositions as a Rule 13-certified law student Attend hearing and motion dockets Registered Nurse In-patient and out-patient obstetrical and women s health nursing, including management experience EDUCATION Saint Louis University School of Law Juris Doctorate, Top 20% of the class Honors/ Activities Member, Alpha Sigma Nu, the Jesuit Honor Society Lead Editor, Health Law Journal, Summer Issue 2001 Editorial Staff, Health Law Journal, Member, Student Bar Association, 1999 University of Missouri Columbia Bachelor of Science in Nursing, December MEMBERSHIPS AHLA Long Term Care Practice Group In-House Counsel Practice Group PRESENTATIONS AHLA Long Term Care and the Law February 2012: When EMRs Meet Surveyors and Other Things That Go Bump in the Night ECRI 2011 National Risk Management Fall Forum: Electronic Medical Records in Long-Term Care 2010 National Risk Management Fall Forum: Surviving Litigation for Risk Managers

117 Raymond J. Sierpina, Jr. As Vice President of Public Policy and Government Affairs for Kindred Healthcare (NYSE: KND), based in Louisville, Kentucky, Mr. Sierpina manages the Fortune 500 company s federal and state government relations programs in Washington, D.C. and state capitols across America. In addition to overseeing Kindred s sizable and growing PAC program, he manages all aspects of the company s engagement with professional associations such as the American Hospital Association (AHA), American Health Care Association (AHCA), and others, in addition to overseeing an expansive federal and state strategic advocacy program. Mr. Sierpina s well rounded health policy, governmental affairs and advocacy background also includes having served from as the Director of Legislative Affairs at the American Health Care Association (AHCA), in Washington, D.C. There, he provided senior counsel to the organization s tort subcommittee and tort reform task force regarding state and federal medical liability reform issues. In this capacity, he developed a strategic work plan articulating the legal, legislative, political and communications strategies needed to win the ongoing battle for long term care medical liability reform. Mr. Sierpina holds a J.D. from the Massachusetts School of Law in Andover, MA (1997), and a B.A. in History from Saint Anselm College in Manchester, NH (1993). He was admitted to the Commonwealth of Massachusetts Bar in He lives in Louisville, KY with his wife Karen and three children.

118 John P. Stearns John P. Stearns Director Navigant Consulting 1180 Peachtree Street Suite 1900 Atlanta, Georgia Cell: Tel: Office Fax: Professional History Navigant Consulting, Inc. Ernst & Young LLP Integrated Health Services, Inc Sinai Hospital of Baltimore Education B.S. in Physical Therapy, Northeastern University MBA, University of Baltimore Mr. Stearns is a Director with NCI s healthcare team and specializes in providing financial, economic, investigative, clinical, operational, and industry expertise assistance to health sciences providers, payers, physicians and the health law community. Mr. Stearns has over 25 years of progressive management experience in acute and post acute care. He is well versed in Medicare reimbursement, fraud and abuse issues, and ancillary operations. As a Vice President of Clinical Services, he oversaw the clinical aspects of rehabilitation for a national long term care and home health company. In the course of his work experience, he has developed complex financial models and analyzed large volumes of coding, billing, and reimbursement data in a wide variety of industry areas including direct patient care providers, DME suppliers, and other service providers. He has also led Independent Review Organization engagements involving large scale medical records sampling and review for patient care providers and a third party billing company. As a licensed physical therapist, John has practical work experience in the acute hospital setting including inpatient and outpatient rehabilitation, brain injury rehabilitation, and intensive care. Professional Experience The following is a brief list of recent representative engagements: Investigations Engagement Director for an independent investigation of ambulance services to dialysis patients as part of the defense of a qui tam investigation. The results of our work resulted in the case being dismissed on summary judgment. Page 1

119 John P. Stearns Engagement Director for several investigations of payments to several large hospitals on outliers as paid based on cost to charge ratios as set by the Fiscal Intermediary. The analysis focused on cost report analysis, comparisons of key operating statistics to other hospitals, and analysis of the impact of charges on total revenues for the hospital. Engagement Director of defense of an OIG investigation of Skilled Nursing Facility billing practices focusing on high therapy RUG classifications. Our analysis included focused review of key SNF cost report statistics and comparison to other providers. Engagement Manager for a complex investigation that focused on organ transplants and Medicare cost reports for organ related costs as reported on the hospitals cost reports. Engagement Director for an investigation of Medical Director costs claimed on cost reports including an analysis of reimbursement impact in the Long Term Acute Care setting. Engagement Director for a review of physician organizational compliance for a large hospital system. The engagement focused on physician compliance controls, physician contractual arrangements, and physician practice acquisitions. Engagement Director for a compliance controls review at a four hospital system including operational controls around billing and coding, joint venture arrangements with physician ownership, and internal audit planning. Engagement Director for an independent investigation of a nine hospital chain s outpatient services in defense of an OIG investigation. The results of our work significantly reduced the settlement amount and allowed the hospitals to settle without any integrity agreements. Independent Review Organization Engagement Director for several Independent Review Organization engagements according to Corporate Integrity Agreement requirements for a number of provider types: Skilled Nursing Facilities Hospitals Physician third party billing company Durable Medical Equipment (wheelchairs). These engagements required development of sampling and testing protocols that were acceptable to the Office of the Inspector General as well as annual reporting of findings. Analyses performed include: Unallowable Cost Reviews Page 2

120 Jill A. Steinberg Arent Fox Page 1 of 2 1/11/2013 Jill A. Steinberg Overview Newsroom Bar & Court Admissions New Jersey Bar New York Bar Pennsylvania Bar Education Boston University,JD,1992 State University of New York at Binghamton,BA,1986 JillA.Steinberg Partner New York, NY T E [email protected] Download vcard Jill A. Steinberg is a partner in the New York office, where she focuses on handling health care issues for the full spectrum of health care providers, investors, and lenders. She is an appointed member of the Steering Committee for the firm s Women s Leadership Development Initiative. Practices Health Care Accreditation Contract Negotiations False Claims Act Fraud & Abuse Compliance HIPAA / Health Privacy & Security Licensure, Certificates of Need & Certifications Physician Compensation & Financial Arrangements Regulatory Due Diligence Transactions Industries Life Sciences Health Care Long Term Care & Senior Living Compliance Medical Devices Recent News January 8, 2013 Long Term Care and Senior Living Partner Jill Steinberg Speaks at AHLA s Long Term Care and the Law Conference October 31, 2012 Arent Fox Named Strategic Affiliate for 2012 Mobile Health (mhealth) Summit; Slated to Provide Office Hours for Startups Client Work Jill has particular experience in representing health care providers, including skilled nursing facilities, assisted living facilities, long-term care hospitals, home health agencies, continuing care retirement communities, ambulatory surgery centers, durable medical equipment providers, pharmacies, therapy companies, and vaccine providers. She has extensive experience in managing the regulatory aspects involved in health care transactions, ranging from single facility deals to some of the industry s largest multistate transactions across multiple business lines. She also advises clients on health care regulatory issues involved in bankruptcies. In recent years, Jill has overseen the health care regulatory aspects of several complex acquisitions by long-term care and senior living companies. Jill also spends a substantial portion of her practice advising providers and lenders in health care financing transactions. In the course of her representation of health care clients, she advises clients on issues such as licensing, certificate of need, fraud and abuse, health privacy, contracting, Medicare and Medicaid reimbursement, compliance, bankruptcy, and successor liability issues. Previous Work

121 Jill A. Steinberg Arent Fox Page 2 of 2 1/11/2013 Prior to joining Arent Fox, Jill served as of counsel to Harris Beach, LLP s business transactions and health regulatory practice groups. Professional Activities Jill is an active member of the American Health Lawyers Association. Footer Main Firm Deals & Cases People Practices & Industries Newsroom Careers Subscribe Alumni Diversity Legal Notice Privacy Policy Social Media Disclaimer Nondiscrimination Site Map Client/Staff Login Offices Washington, DC 1717 K Street, NW Washington, DC Tel: New York, NY 1675 Broadway New York, New York Tel: Los Angeles, CA 555 West Fifth Street, 48th Floor Los Angeles, California Tel: Copyright 2013 Arent Fox LLP. All Rights Reserved. Legal Disclaimer Contents may contain attorney advertising under the laws of some states. Prior results do not guarantee a similar outcome.

122 Daniel Sternthal 700 Louisiana 37th Floor Houston, TX Tel. (713) Fax (713) Areas of Practice Corporate Experience Mr. Sternthal is a Senior Counsel in the Houston office of Seyfarth Shaw LLP. He focuses his practice on clients doing business within the healthcare industry and represents providers across the continuum of care including individual and group medical practices, hospitals, long term care facilities, and ancillary service providers. Daniel frequently advises clients on issues relating to regulatory, operational, and corporate matters. Mr. Sternthal has repeatedly been identified by Texas Monthly as a Rising Star in the field of health law. In 2008, Mr. Sternthal received the University of Texas "Time and Talent" Award for Distinguished Service. Mr. Sternthal is also a core member of the legal committee of LeadingAge, an association of not-for-profit organizations dedicated to making America a better place to grow old. Betty Ulmer Health, Corporate Brookdale Senior Living Inc 6737 W. Washington St., Suite 2300 Milwaukee, WI Tel: (414) Fax: (414) [email protected] Areas of Practice Ms. Ulmer is Associate General Counsel at Brookdale Senior Living Inc. ( Brookdale ). Ms. Ulmer has seventeen years of health care law experience, ten of which have been with Brookdale. Her practice includes advising Brookdale s home health agencies and rehabilitation agencies as well as its assisted living, skilled nursing and continuing care retirement communities in licensure, regulatory matters, compliance, and contracting. Brookdale is the largest operator of senior living communities in the United States based on total capacity, with 647 communities in 36 states and the ability to serve approximately 67,100 residents.

123 Robert J. Tomaso PARTNER St. Louis, MO Direct: Fax: Practices Labor & Employment ERISA/Employee Benefits Litigation An experienced labor and employment attorney, Bob has obtained summary judgment for defendants in more than 50 employment discrimination lawsuits. He has served as first chair in numerous trials involving the Employee Retirement Income Security Act (ERISA) and employment discrimination in federal and state courts. He has successfully defended appeals of favorable employment decisions before the Seventh, Eighth and Tenth U.S. Circuit Courts of Appeal as well as the U.S. Supreme Court. In addition, Bob has represented management before the National Labor Relations Board and drafted and negotiated collective bargaining agreements. He regularly advises employers concerning regulatory issues, including wage and hour and plant closing laws. A member of the firm's Executive and Partner Boards, Bob also serves as an adjunct professor at Webster University, teaching "Legal Aspect of Human Resource Management" since He is a former Captain in the U.S. Army Reserves ( ). Awards & Recognitions The Best Lawyers in America, Employment Law-Management, Labor Law- Management, Litigation-Labor and Employment, Chambers USA, Labor & Employment Law, Missouri & Kansas Super Lawyers, Top 50 Super Lawyer in St. Louis, ; Employment Litigation: Defense, St. Louis Business Journal, "40 Under 40," 2002 Professional Associations & Memberships American Bar Association, EEO Committee, Labor and Employment Section The Bar Association of Metropolitan St. Louis The Missouri Bar Civic Involvement Friends of St. Luke's Hospital, Board of Directors Saint Louis Art Museum, Beaux Arts Council St. Louis Police Athletic League, Board of Directors, 2002-present Washington & Lee University, Alumni Board of Directors, Admissions Missouri, 1989 U.S. District Court, Central District of Illinois, 1996 U.S. District Court, Southern District of Illinois, 1996 U.S. District Court, Eastern District of Missouri, 1989 Husch Blackwell LLP

124 U.S. District Court, Western District of Missouri, 1996 U.S. Court of Appeals, Seventh Circuit, 1997 U.S. Court of Appeals, Eighth Circuit, 1996 U.S. Court of Appeals, Tenth Circuit, 2007 U.S. Supreme Court, 2002 Education J.D., University of Virginia School of Law, 1989 Virginia Environmental Law Journal, Senior editorial board member B.A., Washington and Lee University, summa cum laude, 1985 Distinguished Military Graduate Phi Beta Kappa Husch Blackwell LLP

125 Nancy Taylor, Shareholder, Washington DC. Nancy has over 20 years of legislative and regulatory experience in advising clients on health care related matters having served 10 years in her capacity as Health Policy Director for the Senate Committee on Labor and Human Resources. She has also served as CEO of a start up medical device company where she was successful in obtaining eight product clearances and reimbursement coverage for the products. Nancy concentrates her practice on advising clients on various health care matters, including an evaluation of health care reform on their business practices and in resolving various legal and regulatory matters before Congress and Administrative agencies. She also has special expertise on issues relating to managed care laws, including Medicare risk and ERISA plan requirements and advises clients on the FDA approval process, principally medical devices, biologics, and drug applications. During her tenure on Capitol Hill, she drafted and was instrumental in most major health care laws enacted during the past decade, including the Safe Medical Devices Amendments of 1988; the Nutritional Labeling and Education Act of 1990; the Clinical Laboratory Improvement Act of 1988; COBRA (extension of health benefits); the Orphan Drug Amendments of 1983; the Americans with Disabilities Act (provisions relating to health care); and many other bills included in reconciliation or as freestanding health care.

126 Professional Profile Senior Vice President Healthcare Department Manager Denver, CO As the healthcare department manager and account executive in the Denver office, Maria manages the team responsible for the insurance placement and risk management needs of Lockton s clients in the healthcare industry. This includes hospitals, nursing homes and assisted living facilities, behavioral health and miscellaneous medical facilities. Contact Info [email protected]

127 Jane Hyatt Thorpe, J.D. Jane Hyatt Thorpe, J.D. is an Associate Professor in the Department of Health Policy in the School of Public Health and Health Services at the George Washington University. She specializes in health care law and policy in the areas of Medicare, Medicaid, health care delivery systems and financing, health information technology, and corporate compliance. Professor Thorpe also serves as the program director for the Healthcare Corporate Compliance Graduate Certificate Program. Prior to joining the Department in February 2009, Professor Thorpe served as the Deputy Director of the Office of Policy for the Centers for Medicare and Medicaid Services (CMS) within the U.S. Department of Health and Human Services. In that role, she was responsible for matters related to the Agency's crosscutting policy and strategic planning particularly focusing on emerging issues in healthcare delivery and financing. Professor Thorpe s previous experience includes policy development and serving as a regulatory liaison to CMS in her role as Associate Vice President for Payment and Policy at the Advanced Medical Technology Association (AdvaMed). Prior to joining AdvaMed, Professor Thorpe practiced health care law. Professor Thorpe has an A.B. magna cum laude in History and a Certificate in American Studies from Princeton University and a J.D. from Vanderbilt University School of Law. She is a member of the American Health Lawyers Association and the D.C. Bar Association.

128 Lisa Diehl Vandecaveye JD, MBA, HRM, FACHE Corporate Vice President Legal Affairs Botsford Health Care Grand River Avenue Farmington Hills, MI Lisa Diehl Vandecaveye is currently serving as the Vice President Legal Affairs with Botsford Health Care in Farmington Hills, Michigan and is the Vice President, Corporate Responsibility for Parastar, Inc. As the Senior Executive responsible for all Legal, Risk, Insurance and Compliance she is a strategic leader with a creative vision for the future. Lisa is a graduate from the University Of Toledo College Of Law, earning a Juris Doctorate (JD), and a Master of Business Administration Degree (MBA), specialization in Health Care Administration. Ms. Vandecaveye is a Fellow of the American College of Healthcare Executives, (FACHE). She completed the University of Chicago/MMI Companies, Healthcare Risk Management Certificate Program, and (HRM). She is a former member of the American Health Lawyers Association (Board Member, Board Secretary, Chair of the Public Interest Committee, Executive Committee, Finance Committee, Chair and Past Vice Chair, Teaching Hospitals & Academic Medical Centers Practice Group, 2001 Nominating Committee, Program Chair for the In-House Counsel Program and Chair of the Alternative Dispute Resolution Task Force). She is also a member of the Michigan Society of Healthcare Risk Management (past Board Member),the Michigan Society of Healthcare Attorneys (past President), and Women Business Leaders. In 2006 she was named Outstanding Alumnae from the University of Toledo College of Business Administration. In 2008 she was selected for Nightingale s Healthcare News 2008 list of Outstanding In- House Counsel to Hospitals/Healthcare Systems. She has served as Adjunct Faculty for Health Care Law, University of Toledo College of Law as well as faculty for the American College of Healthcare Executives. She has presented on multiple health care topics and authored many publications both within Michigan and nationally. 2011

129 Susan M. Voigt is a partner with the law firm of Voigt, Rodè & Boxeth and has practiced health care law since Ms. Voigt's practice has a special emphasis in long term care survey and compliance, accounts receivable and administrative litigation. She also works with clients on general business matters. Ms. Voigt is a frequent lecturer on survey and compliance issues and resident behavior, as well as nonpayment discharge issues. Ms. Voigt represents a variety of health care clients including nursing homes, clinics, rehabilitation agencies, nurses and home health care agencies.

130 Chad White Chad White has served as Associate General Counsel and Assistant Secretary at Brookdale Senior Living Inc., a leading owner and operator of senior living communities throughout the United States, since February Prior to that, he was with Dollar General Corporation and Bass, Berry & Sims PLC in Nashville, Tennessee. Chad received his law degree from the Vanderbilt University School of Law where he served as an associate editor of the Vanderbilt Law Review and was elected to the Order of the Coif. Prior to attending law school, he received a B.S. in Mass Communication and Political Science from Middle Tennessee State University. Contact Information: Chad C. White Associate General Counsel Brookdale Senior Living Inc. 111 Westwood Place, Suite 400 Brentwood, Tennessee (615) (phone) (615) (fax) [email protected]

131 DONALD L. YODER JR. 815 Oakwood Court North Red Lion, PA (717) (cell) (717) (work) (717) (fax) Objective: To perform as a healthcare executive in a progressive integrated health care system or consulting firm I desire an innovative organization and responsibilities that allow active participation in developing the new cost-effective health care system. WORK EXPERIENCE: 1994 to current HEALTHCARE PLUS MANAGEMENT Health Care Consultant, York, Pennsylvania Responsibilities: Physician practice management Outpatient and Disease Specific program development and management Rehab Hospital, LTCH and Post Acute operational, financial, and program development and review Managed care delivery system development positioning and integration Marketing system development and implementation 1989 to 1994 REHAB SYSTEMS COMPANY, A DIVISION OF NOVACARE, Camp Hill, Pennsylvania VICE PRESIDENT OF OPERATIONS Responsibilities: Results: Turn-around, opening and management of key hospitals Creation and development of the marketing function for the company Participated in the development of a start-up rehab company Improved loss of over $750,000 to a profit of 2 million in a two year period of time in two Phoenix hospitals Managed the most successful hospital start-up in the company at Morgantown, WV, with the hospital achieving 100% occupancy within two years. This hospital development involved managing the affiliation alignment of a university and a community hospital Developed a level of care program concept that positioned the hospitals in a heavily managed care workplace by establishing a contract function, obtaining 80% of the desired contracts, opening sub acute programs at the hospitals and integrating the physician interest through alignments, salary

132 positions and the development of a management service organization Developed the concept of a rehab managed-care organization that would integrate the NovaCare interest in the Arizona market and into an integrated rehab system of care that allows for capitation of the rehab continuum and positions the system to survive and prosper in a heavily managed care market Established the marketing philosophy, procedures manual, operating system and forms and hired the people to grow the company Achieved rapid growth rate in a two year period from a census of 32 to 280 across a seven hospital system. In addition, established a centralized marketing system for a 5 facility post acute head injury system Hired and supervised a 4 person regional sales force that focused on obtaining regional and national contracts and inculcating marketing culture. Obtained experience in development, strategic planning, investor board interface, preparation for an initial public offering, merger, and integration with a larger company REHAB HOSPITAL SERVICES CORPORATION/NATIONAL MEDICAL ENTERPRISES, Washington, DC REGIONAL VICE PRESIDENT OF OPERATIONS Responsibilities: Results: Development of the Southwest Region of RHSC (start-up facilities), from conception to full operation Administrative leadership of the Southwest Region including: * Dallas Rehab Institute (120 beds) * Fort Smith Rehab Hospital (54 beds) * Rehab Institute of San Antonio (108 beds) * Rehab Hospital of South Texas (80 beds) * Rio Vista Rehab Hospital (80 beds) * Rehab Hospital of Austin (80 beds) Management of a regional team composed of Regional CFO, Regional Marketing Director, and Administrative Assistant Directed the corporate support functions of Development, Construction and Design, Legal, Syndication and Reimbursement, Program Services, Human Relations, and Marketing Improved the region pre-tax contribution from $6 million to $12 million in two years Developed, opened and operated the following facilities from conceptual pro forma to positive pretax contribution: * Montgomery Rehab Hospital (80 beds) * Fort Smith Rehab Hospital (54 beds) * Western Rehab Institute (80 beds) * Rehab Institute of San Antonio (108 beds) Exceeded regional pre-tax contribution budget by 20% and 30%, respectively Hired, developed and supervised the regional team and established policies and directions for the

133 DOUGLAS C. YOHE Douglas C. Yohe is the Senior Vice President and General Counsel for Vibra Healthcare, LLC, a specialty hospital provider based in Mechanicsburg, Pennsylvania that is focused on the development, acquisition and operation of freestanding critical acute care hospitals, acute medical rehabilitation hospitals and outpatient physical rehabilitation centers. Teams of highly trained specialists lead clinical programs at Vibra s specialty hospitals for medically complex patients who suffer from complex orthopedic, neurologic, stroke, multiple trauma, and cardiac and respiratory conditions. Vibra currently operates or manages specialty hospitals and outpatient rehabilitation locations with 1,300-staffed beds in 11 states. Mr. Yohe also acts as General Counsel for The Hollinger Group which owns and manages 11 senior care facilities, consisting of skilled and personal care facilities, in four states. Prior to joining Vibra, Mr. Yohe was a partner in the law firm of Latsha Davis Yohe & McKenna, P.C. where he oversaw the firm s transactional, tax and business practice. Mr. Yohe is a member of the State Bar of Pennsylvania. He is a graduate of Juniata College (B.A.) and Wake Forest University School of Law (J.D., cum laude). He is a member of the American Health Lawyers Association (member of the In-House Counsel, Hospitals and Health Systems, and Long Term Care practice groups), and the Pennsylvania and American Bar Associations. Mr. Yohe has made presentations before the LeadingAge (formerly American Association of Homes and Services for the Aging), Pennsylvania Association of Non- Profit Homes for the Aging, National Business Institute and the Pennsylvania Institute of Certified Public Accountants.

134 DARRELL D. ZUROVEC PLLC ATTORNEY August 17, 2012 Speaking Proposal for Long Term Care and the Law Proposed Title: Presenter: Audience: Bullet Points: How and When to Disclose and Refund Overpayments Darrell D. Zurovec, AHLA Member (Long Term Care, RAP Practice Groups) The paper compares the process for disclosing and refunding overpayments mandated by the Affordable Care Act with the Voluntary Self Disclosure Protocol. The topic is important because providers must carefully consider the pros and cons of the various methods of disclosing and refunding overpayments. The intended audience is attorneys who represent healthcare providers who receive payments from federal healthcare programs. The presentation would cover the following main points: Discussion of the ACA requirement to report and refund overpayments within 60 days Discussion of the Voluntary Self-Disclosure Protocol Comparison of potential advantages and disadvantages of the ACA requirement with the SDP Review Potential Overpayment Scenarios Level: Type of Materials: Biography: Intermediate to Advanced Slide Deck and Paper; Sample Letter Disclosing and Refunding an Overpayment Pursuant to the ACA requirement. Darrell D. Zurovec is the founder and managing member of Darrell D. Zurovec PLLC, an Austin, Texas law firm. Mr. Zurovec represents healthcare clients on compliance, transactional and litigation matters. Previous publications and presentations include: The Application of 42 U.S.C. 405(h) to Claims Challenging Successor Liability, LTC Advisor Volume 12, Issue 4 November 2009 Case Law Update, with Kiepen, S., presented at the 2009 AHLA Long Term Care and the Law Seminar Key Areas in Long Term Care, with Miles, J., presented at the 2005 AHLA Long Term Care and the Law Seminar Key Areas in Long Term Care, with Hasselman, S., presented at the 2004 AHLA Long Term Care and the Law Seminar 1705 S. CAPITAL OF TEXAS HWY, STE 100 P: ONE WESTLAKE PLAZA F: AUSTIN, TX [email protected]

135 Anna Hyde From: Sent: To: Subject: Attachments: Darrell Zurovec Friday, August 17, :13 PM CallForSpeakers Speaking Proposal - Long Term Care and the Law Speaking Proposal LTC Law.pdf; ATT00001.htm Please consider the attached speaking proposal for Long Term Care and the Law. If this proposal is not accepted, I would also be willing to present Key Areas in Long Term Care or Case Law Update if you need someone to present one of those sessions. Thank you for your consideration. Darrell D. Zurovec 1