Reserve Your Space at the. 24th Annual National Institute on Health Care Fraud. May 14-16, 2014 Hotel Nikko San Francisco, CA

Transcription

1 Reserve Your Space at the 24th Annual National Institute on Health Care Fraud May 14-16, 2014 Hotel Nikko

2 24th Annual National Institute on Health Care Fraud To register, visit Program Description The 23rd Annual National Institute on Health Care Fraud provides a rewarding educational experience for health care attorneys, regulators, compliance professionals, prosecutors, criminal defense attorneys, and qui tam relators counsel. This National Institute draws panelists, facilitators, and participants from each of these significant groups and offers unique opportunities to meet and share experiences and concerns in a non-adversarial setting. The program planning committee is committed to creating a program that advances education, communication, professionalism, and discussion of current legal and ethical issues that arise in the health care fraud practice. These issues are addressed in panel discussions and small workshop formats designed to maximize audience participation. ABA CLE National Institutes bring you face-to-face with nationally recognized experts on substantive topics often while fulfilling most of your annual CLE requirements.

3 May 14-16, 2014 Hotel Nikko Register Now and Save! Standard Rate Effective April 16, 2014 Public $1,375 ABA Members $1,255 Criminal Justice Section Members $1,095 Health Law Section Members $1,095 Young Lawyers Division Members $1,095 National Association of Medicaid Fraud Control Units $1,095 Government Lawyers/Employees $550 Fees do not include travel or lodging. Presented by Criminal Justice Section Health Law Section Young Lawyers Division National Association of Medicaid Fraud Control Units Platinum Sponsor Earn up to 16.0 CLE Credits Including 1.0 hours of Ethics Credit Not an ABA Member? Join Now!

4 Faculty Nancy Allstrom Senior Assistant Attorney Georgia Medicaid Fraud Control Unit Office of Attorney Daniel R. Anderson Deputy Director Commercial Litigation Branch Civil Division U.S. Department of Justice Audrey Andrews Senior Vice President Counsel Tenet Healthcare Corporation Dallas, TX James Barger, Jr. Frohsin & Barger LLC Birmingham, AL Hon. Laurel Beeler U.S. Magistrate Judge United States District Court Northern District of California John T. Boese Fried, Frank, Harris, Shriver & Jacobson LLP Joyce Branda Deputy Assistant Attorney Civil Division Commercial Litigation Branch U.S. Department of Justice Renee Brooker Assistant Director Civil Division, Commercial Litigation Branch Fraud Section U.S. Department of Justice Nicole Caucci Senior Counsel Office of Counsel to the Inspector U.S. Department of Health and Human Services Salt Lake City, UT Joseph A. Chavez Chief of Prosecutions Bureau of Medi-Cal Fraud & Elder Abuse Office of the Attorney Sacramento, CA Thomas F. Corcoran Assistant U.S. Attorney District of Maryland Baltimore, MD Maria Currier Holland & Knight LLP Miami, FL Benton Curtis Assistant Chief Criminal Fraud Section U. S. Department of Justice Alan Dasher Assistant U.S. Attorney Middle District of Georgia Albany, GA Jonathan L. Diesenhaus* Hogan & Lovells US LLP David L. Douglass* Sheppard Mullin LLP Michael Fee Latham & Watkins San Diego, CA Elisabeth L. Fitzgerald Assistant U.S. Attorney Medicaid Fraud Control Unit Civil Investigations Squad Virginia Attorney s Office Richmond, VA Laurence J. Freedman Mintz Levin Robert Gallagher PricewaterhouseCoopers, LLP Janet Goldstein Vogel, Slade & Goldstein Ryan Hassanein Morrison & Foerster LLP Felicia E. Heimer Office of the Inspector U.S. Department of Health and Human Services Miami Lakes, FL John R. Hellow Hooper Lundy & Bookman PC Los Angeles, CA Michael G. Hercz Director Deloitte & Touche LLP Costa Mesa, AZ David Hilgers Husch Blackwell Austin, TX S. Craig Holden Ober, Kaler, Grimes & Shriver Baltimore, MD Gabriel L. Imperato* Managing Partner Broad and Cassel Fort Lauderdale, FL Linda Kontos Assistant U.S. Attorney Central District of California Deputy Chief Civil Fraud Section Office of the Attorney Los Angeles, CA Katherine A. Lauer* Partner Latham & Watkins LLP San Diego, CA David J. Leviss O Melveny & Myers LLP Washington, D.C. Gregory M. Luce Skadden Arps Kevin McAnaney Keesha Mitchell Director Ohio Medicaid Fraud Control Unit Office of the Attorney Columbus, OH Paul B. Murphy King & Spaulding LLP Jenny O Brien Chief Medicare Compliance Officer United Healthcare Minnetonka, MN Kirk Ogrosky Arnold & Porter LLP Steve Ortquist Vice President Chief Ethics and Compliance Officer Sutter Health Nicholas Paul Supervising Deputy Attorney Bureau of Medi-Cal Fraud and Elder Abuse Office of the Attorney California Department of Justice Andrew Penn Trial Attorney Commercial Litigation, Fraud U.S. Department of Justice Chet Rabon Rabon Law Firm PLLC Charlotte, NC John Rah Morgan, Lewis & Bockius LLP Tim Renjilian* Senior Managing Director FTI Consulting Vicki Robinson Senior Counselor Policy Office of Inspector U.S. Department of Health and Human Services Christopher T. Rohn PricewaterhouseCoopers LLP Chicago, IL Amie Rooney Assistant U.S. Attorney Northern District of California San Jose, CA Steven H. Sadow Steven H. Sadow, PC Steven Saltiel Assistant U.S. Attorney Northern District of California Donald F. Samuel Garland Samuel & Loeb PC Paul D. Scott Law Office of Paul D. Scott Peter Spivack Hogan & Lovells LLP Andrew Stone Stone Law Firm Pittsburgh, PA Claire M. Sylvia Phillips & Cohen LLP Robert Vogel Vogel Slade & Goldstein Alonzo Weems Vice President and Deputy Counsel Biomedicines Business Unit Eli Lilly and Company Indianapolis, IN Heidi A. Wendel Jones Day New York, NY Richard W. Westling First Assistant United States Attorney U.S. Attorney s Office New Orleans, LA Joe D. Whitley Greenberg Traurig Sara Winslow Deputy Civil Chief U.S. Attorney s Office Northern District of California Barbara L. Zelner* Executive Director National Association of Medicaid Fraud Control Units * Planning Committee Faculty subject to change without notice.

5 Agenda Day One Wednesday, May 14, :00 p.m. Registration Open 2:00 p.m. The Foundations of Health Law Maria Currier, David Hilgers Moderator: Vicki Robinson This session is intended to serve as both an introduction to and a review of current aspects of public and private health care programs, including discussion of developing aspects of health care reform and implementation of the Affordable Care Act to understand the context in which health care fraud and abuse occurs and to examine those aspects of the health care delivery and regulatory system that subjects providers to the most scrutiny. 4:00 p.m. Break 4:15 p.m. Introduction to Fraud and Compliance for Industry Groups These breakout sessions are designed to introduce the basic fraud and abuse and compliance issues associated with the designated industry sectors, while also providing a forum for dialogue and networking between experienced practitioners. A. Providers (Hospitals and Physicians) Audrey Andrews, Felicia E. Heimer B. Manufacturers (Pharmaceutical and Medical Devices) Nicole Caucci, John Rah, Alonzo Weems C. Payors (Commercial Payors and Managed Care) Keesha Mitchell, Jennny O Brien 5:30 p.m. Adjourn Day Two Thursday, May 15, :45 a.m. Registration and Welcoming Remarks Gabriel L. Imperato, Program Chairman 9:00 a.m. Keynote Speaker Benton Curtis, Assistant Chief, Criminal Fraud Section, U.S. Department of Justice, 9:45 a.m. Criminal Dispositions and Managing Collateral Consequences Joseph A. Chavez, Amie Rooney Moderator: Michael Fee This panel will discuss the resolution of criminal enforcement matters and the options for dealing with the collateral civil and administrative consequences of criminal dispositions. 10:45 a.m. Break Agenda subject to change without notice.

6 Agenda (continued) 11:00 a.m. False Claims Act Developments (Plenary Panel) Daniel R. Anderson, Jack T. Boese, Claire M. Sylvia Moderator: Jonathan L. Diesenhaus This panel will discuss important legal developments and current litigation and settlements in False Claims Act cases. 12:30 p.m. Luncheon Keynote Speaker Joyce Branda, Deputy Director, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, 2:00 p.m. Litigating False Claims Act Cases Hon. Laurel Beeler, Paul Scott, Sara Winslow Moderator: Laurence J. Freedman This panel will examine the key considerations, strategies and timing involved in motion practice, discovery, and procedural issues when it becomes necessary to litigate a health care False Claims Act case. 3:00 p.m. Break 3:15 p.m. Health Care Fraud Workshops Workshops have been planned to cover a variety of interesting and current topics. Facilitators experienced in the subject matter of each workshop will lead the discussions, with the goal of eliciting the views and knowledge of the participants, many of whom have a vast amount of practical experience. The workshops during this initial session are intended to focus on important topics which arise during litigation of False Claims Act cases. The number and subject matter of the workshops may be determined by registration and thus are subject to change. A. Public Disclosure, Original Source and First to File Workshop Leaders: Heidi A. Wendel, Andrew Stone B. Pre-Trial Motions Workshop Leaders: Robert Vogel, Gregory M. Luce C. State False Claims Act Practice Workshop Leaders: Nicholas Paul, Ryan Hassanein 4:15 p.m. Break 4:30 p.m. Concurrent Panel Sessions A. Anti-Kickback, Stark Enforcement Developments S. Craig Holden, Kevin McAnaney This session will examine recent cases and settlements involving Kickback and/ or Stark developments. B. Calculating Damages and Liability to Government Programs Paul B. Murphy, Christopher T. Rohn, Steven Saltiel This session will examine the alternatives for calculating damages to Federal Health Programs. Agenda subject to change without notice.

7 Agenda (continued) 5:30 p.m. Adjourn 6:00 to 8:00 p.m. Welcome Reception Sponsored By: Broad and Cassel; Fried, Frank, Harris, Shriver & Jacobson LLP; Hogan Lovells; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; Skadden, Arps, Slate, Meagher & Flom LLP; Ober Kaler Day Three Friday, May 16, :30 a.m. Trial Practice Demonstration Nancy Allstom, Alan Dasher, Steven Sadow, Donald F. Samuel Moderator: Joe D. Whitley U.S. v. Harris Morgan (M.D. Ga.) This case involved the owner of a pharmacy who was charged with executing a scheme to defraud the Georgia Medicaid program for the submission of claims for drugs that the patients did not receive, the use of false diagnosis to the Georgia Medicaid program to obtain approval to administer drugs and overall implementation of a billing system that resulted in systemic overbilling of the Medicaid program for more doses of a certain drug than the pharmacy had actually purchased. The evidence at trial established that the defendant was the owner of the pharmacy and knowingly and willfully executed this scheme of health care fraud through his active role in managing the pharmacy, specific instructions to employees on submitting false diagnosis and actual personal submission of false claims to the Medicaid program. The case was appealed and remanded and appealed again to the United States Court of Appeals for the Eleventh Circuit and the trial and appellate issues will be discussed during this trial practice demonstration. 10:00 a.m. Break 10:15 a.m. Health Care Fraud Workshops Workshops have been planned to cover a variety of interesting and current topics. Facilitators experienced in the subject matter of each workshop will lead the discussions, with the goal of eliciting the views and knowledge of the participants, many of whom have a vast amount of practical experience. The number and subject matter of the workshops may be determined by registration and thus are subject to change. A. Best Practices and Internal Investigations Workshop Leaders: Gabriel L. Imperato, Tim Renjilian B. Fraud and Abuse in Nursing Homes Workshop Leaders: Andy Penn, Elizabeth Fitzgerald C. Compliance Practices and Overpayment Liability Workshop Leaders: Steve Ortquist, John R. Hellow D. Managed Care Fraud Workshop Leaders: David J. Leviss, Linda Kontos 11:15 a.m. Break Agenda subject to change without notice.

8 Agenda (continued) 11:30 a.m. Concurrent Panel Sessions These extended sessions are designed to address some of the most important current fraud and abuse and compliance issues. A. Quality of Care and Medical Necessity Thomas F. Corcoran, Richard Westling B. Hospice and Home Health: Enforcement and Compliance Renee Brooker, Peter Spivack, James Barger, Jr. 12:45 p.m. Lunch (On Your Own) 2:00 p.m. Specialty Workshops These workshops are designed to be confidential sessions where defense, government and relator s counsel can discuss matters unique to their roles in criminal and civil health care fraud cases. A. Workshop for Defense and In-House Counsel Workshop Leaders: Katherine A. Lauer, Kirk Ogrosky B. Workshop For Government Counsel Workshop Leaders: Keesha Mitchell, Daniel R. Anderson C. Workshop for Qui Tam/Relators and Other Plaintiffs Counsel Workshop Leaders: Robert Vogel, Claire M. Sylvia 3:00 p.m. Break 3:15 p.m. Ethics Panel Janet Goldstein, Michael G. Hercz, Chet Rabon Moderator: Kirk Ogrosky Ethics Credit This session will examine rules and factual scenarios and discuss the application of ethical considerations in health care fraud compliance and case matters. 4:15 p.m. Adjourn Agenda subject to change without notice.

9 Register CEN4HCF Visit Complete and mail this form: The American Bar Association Financial Services Dept. CEN4HCF P.O. Box Chicago, IL Call (800) Fax this form to (312) Step 1: Registration Rates Standard Rate Effective April 16, 2014 Public $1,375 ABA Members $1,255 Criminal Justice Section Members $1,095 Health Law Section Members $1,095 Young Lawyers Division Members $1,095 National Association of Medicaid Fraud Control Units $1,095 Government Lawyers/Employees $550 q I qualify for a $50/person group discount. Enter your $50 discount on line 5B. To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Not applicable to government rates. Step 2: Health Care Fraud Receptions and Workshops Please check each box if you plan to attend the reception: q Thursday, May 15, 2014 Welcome Reception 6:00 p.m. 8:00 p.m. Please check one workshop for each day and time slot: Wednesday, May 14, 2014 Introduction to Fraud and Compliance for Industry Groups 4:15 p.m. q A. Providers (Hospitals and Physicians) q B. Manufacturers (Pharmaceutical and Medical Devices) q C. Payors (Commercial Payors and Managed Care) Friday, May 16, 2014 Health Care Fraud Workshops 10:15 a.m. q A. Best Practices and Internal Investigations q B. Fraud and Abuse in Nursing Homes q C. Compliance Practices and Overpayment Liability q D. Managed Care Fraud Thursday, May 15, 2014 Health Care Fraud Workshops 3:15 p.m. q A. Public Disclosure, Original Source and First to File q B. Pre-Trial Motions q C. State False Claims Act Practice Thursday, May 15, 2014 Concurrent Panel Sessions 4:30 p.m. q A. Anti-Kickback, Stark Enforcement Developments q B. Calculating Damages and Liability to Government Programs Friday, May 16, 2014 Concurrent Panel Sessions 11:30 a.m. q A. Quality of Care and Medical Necessity q B. Hospice and Home Health: Enforcement and Compliance Friday, May 16, 2014 Concurrent Panel Sessions 2:00 p.m. q A. Workshop for Defense and In-House Counsel q B. Workshop for Government Counsel q C. Workshop for Qui Tam/Relators and other Plaintiffs Counsel! Step 3: Section Membership q Enroll me in the Criminal Justice Section - $45. Enter your $45 fee on line 5C. q Enroll me in the Health Law Section - $45. Enter your $50 fee on line 5C. q Enroll me in the Young Lawyers Division. Membership in the Young Lawyers Division is free and automatic for all ABA members under age 36 or admitted to practice 5 years or less. Step 4: Course Materials Electronic course materials are provided on-site as part of your registration. Printed course materials are available on-site for an additional fee. q Please provide printed course materials on-site for $50. Enter your $50 fee on line 5D. I f you cannot attend, but would like to order the Course Materials, please visit us at or call (800) for pricing and availability. Course materials will be shipped after the event.

10 ! Register (continued) CEN4HCF Step 5: Your Total Amount Due Registration Rate (from Step 1) 5A $ Three or More People Registering (from Step 1) ($50/person discount. Applicants must register together to receive discount. Not applicable to government rates.) ABA Section of Criminal Justice Enrollment - $45 ABA Section of Health Law Enrollment - $50 (from Step 3) 5B $ 5C $ + Printed Course Materials - $50 (from Step 4) 5D $ + Total $ Step 6: Your Information Name Law Firm/Organization Address Suite/Apt. City State Zip Code Telephone ABA Member ID The ABA and many of its entities provide content through . We do not share addresses with anyone outside the ABA. Step 7: Payment Information q ABA Credit Card from Bank of America q Visa q American Express q Check Payable to American Bar Association q Mastercard Name as it appears on Card Account Number Expiration Date Signature Billing Zip Code Step 8: 4 Easy Ways to Register Visit Call (800) Fax this form to (312) Complete and mail this form: The American Bar Association Financial Services Dept. CEN4HCF P.O. Box Chicago, IL

11 Register (continued) CEN4HCF MCLE ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 16.0 CLE credit hours in 60-minute-hour states, including 1.0 ethics hours and 19.2 credit hours in 50-minute-hour states including ethics hours. This transitional program is approved for both newly admitted and experienced attorneys in NY and is expected to qualify for CLE credit hours in NY including ethics hours. For more information about CLE accreditation in your state, visit Scholarships For more information on scholarships, visit Attire Business casual attire is appropriate for all activities. Cancellations Cancellations received five business days or more before the program will receive a full refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA at (800) or fax your request to (312) Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the course materials after program completion. Services for Persons with Disabilities If special arrangements are required, please contact Melissa Calahan at (312) or Melissa. calahan@americanbar.org. Reasonable advance notice is requested. In-Person Registration If you plan to register in person, please call the ABA at least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Cash payments will not be accepted. Program Confirmation Written confirmation of your registration will be sent to you upon receipt. If you do not receive the confirmation notice prior to the program, please call the ABA at (800) at least 24 hours in advance to confirm that your registration was received and that the program is being held as scheduled. Hotel Information Hotel Nikko 222 Mason Street (415) Rate: $269 Call (800) and mention this ABA meeting. Hotel Deadline: Tuesday, April 22, 2014 Airline Information Airline discount codes are available for ABA meetings as follows: American Airlines: Call (800) ; Discount Code: A5414SS. Discount NOT available at United Airlines: Call (800) ; Agreement Code: , Z Code: ZR45. Discount available at Online Discount Code: ZR Delta Airlines: Call (800) ; Discount Code: Domestic: NMFUD; International: NMGGY. Discount available at Virgin America Airlines: Go to Discount Code: VXABA312 More details at Standing Committee on Continuing Legal Education Under the guidance of the Standing Committee on Continuing Legal Education, the Center for Professional Development administers and produces National Institutes, webinars, teleconferences, other technology-based products and written course materials to assist lawyers continuing legal education efforts.

12 24th Annual National Institute on Health Care Fraud AMERICAN BAR ASSOCIATION 321 N CLARK STREET CHICAGO, ILLINOIS Look inside for Course Curriculum, Faculty Roster, Savings and more! Like Us Follow Us Presort Non-Profit U.S. Postage PAID American Bar Association