Sponsors and exhibitors. Complete program details PIAA award winners. Don t forget your wireless device
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1 Inside Sponsors and exhibitors P. 3 Complete program details P PIAA award winners P. 4 & P. 7 Don t forget your wireless device P. 5 30TH anniversary of the Data Sharing Project P. 8
2 2015 Medical Liability Conference Dear PIAA members and colleagues: We are so pleased that you could join us here in Las Vegas, for what promises to be an exciting and informative conference. We ve got a content-rich schedule lined up for you. You ll hear from high-profile speakers, listen to panels with decades of experience in medical professional liability (MPL), and learn some surprising perspectives on what s happening in our industry. You can get caught up with colleagues and make some new connections with the professionals who share your passion for MPL. PIAA members and stakeholders from around the world are joining us in Las Vegas. While we each bring our unique background and experiences to the conference, we can agree on several foundational principles. We appreciate the critical importance of MPL coverage in our healthcare system. We believe in the relentless pursuit of patient safety. We are dedicated to the quality delivery of healthcare. Over the next few days, you will learn about the current status of MPL in the U.S. and around the world. You ll gain important insights on the multitude of issues you need to think about every day. We all realize that the healthcare system is dynamic. Here, you ll learn how to work best within this evolving system, and transform the new knowledge and insights you gain into action. PIAA developed this event with a focus on the multiple professions that contribute to MPL, as well as on the different levels of experience that various attendees bring to the conference. Whether you re just starting to explore the knowledge and issues that matter in MPL, or are already a seasoned expert in them, we encourage you to learn all you can from the rich diversity of sessions. This is your opportunity to speak with the acknowledged experts in the MPL business so ask all your questions. But don t forget to set aside some time for the exciting social events we have planned. Cordially, Gloria H. Everett Chair, PIAA Tamara D. Huffman Chair, 2015 PIAA Medical Liability Conference Brian K. Atchinson President & CEO, PIAA 2
3 Sponsors and Exhibitors Platinum Sponsors Gold Sponsors Silver Sponsors Additional Sponsors Lanyards F Guy Carpenter WiFi/Mobile App F The Doctors Company Conference Folder F Constellation Exhibitors F Bottomline Technologies Booth #30 F Cincom Booth #18 F Conning Booth #12 F Constellation Booth #8 F Delphi Technology, Inc. Booth #s 9 & 10 F ECRI Institute Booth #32 F ELM Exchange Booth #2 F Empathetics, Inc. Booth #1 F FIRST Insurance Funding Corp. Booth #27 Map F A.M. Best Company Chair s Reception for New Attendees & Guests F The Mutual Risk Retention Group, Inc. Hotel Key Cards F Medical Interactive Community F GR-NEAM Booth #31 F Imperial PFS Booth #20 F Johnson Lambert LLP Booth #16 F MedFax Booth #29 F Medical Interactive Community Booth #s 23 & 24 F Oliver Wyman Actuarial Consulting Booth #14 F Perinatal Quality Foundation Booth #11 F Pinnacle Actuarial Resources, Inc. Booth #19 F Prime Advisors, Inc. Booth #17 Refreshment Breaks F COPIC Popcorn Cart F Freeman Enterprises Attendee Gift F Cincom F S&A Medical Graphics Booth #5 F Saslow Lufkin & Buggy LLP Booth #22 F Sedgwick Booth #13 F SUMIT Holdings TRA Booth #15 F Summit Reinsurance Services, Inc. Booth #25 F Swiss Re Booth #21 F TriNet HR Corporation Booth #3 F Vermont Captive Insurance Association Booth #28 F VisualDx Booth #26 As of 4/1/15 3
4 Conference Agenda Wednesday, May 13, :00 7:00 p.m. Platinum Sponsor Welcome Reception Florentine Ballroom/Promenade Level Registration and Exhibit Area Open Registered Attendees and Paid Guests Welcome 6:30 7:30 p.m. Chair s Reception for New Attendees & Guests Messina/Promenade Level (By Invitation Only) Thursday, May 14, :00 8:30 a.m. Silver Sponsor Breakfast in Exhibit Area Florentine Ballroom/Promenade Level Registered Attendees and Paid Guests Welcome 7:00 8:15 a.m. PIAA PAC Breakfast Pisa and Palermo/Promenade Level (By Invitation Only) 8:30 9:15 a.m. Welcome and Opening Remarks Fellows Recognition Leadership Awards PIAA Award of Excellence in Honor of Peter Sweetland F Gloria H. Everett, Chair, PIAA F Brian K. Atchinson, President & CEO, PIAA F Tamara D. Huffman, Chair, 2015 Medical Liability Conference Congratulations to the 2015 PIAA Award Winners! Victor T. Adamo PIAA Award of Excellence in Honor of Peter Sweetland F Victor T. Adamo, JD, CPCU Leadership Awards F Mary-Lou A. Misrahy, ARM CEO/COO Section F William C. Passolt Leadership Camp Section 9:15 10:15 a.m. Keynote Speaker Seeing Beyond Reform: A Leadership Guide to the Emerging New Normal in Healthcare F James E. Orlikoff, President, Orlikoff & Associates, Inc.; National Advisor on Governance and Leadership to the American Hospital James E. Orlikoff Association The new normal of healthcare is here! In today s landscape, we see depressed hospital volumes and margins, declining reimbursement, mergers and new affiliations creating supersystems, innovations like ACOs emerging daily, and much more. The challenges facing both leaders and individual healthcare professionals are daunting but they can be overcome. First, leaders need to recognize that the changes in healthcare really are transformational not just transactional. Leaders need to position their organizations so they become something radically different. They need to work on the system, not just in it. And they need to work on themselves as well, to leverage leadership best practices at all levels. In this presentation, Mr. Orlikoff, author of the award-winning book, Board Work: Governing Health Care Organizations, and the primary author of Malpractice Prevention and Liability Control for Hospitals, will discuss the macro forces driving revolutionary change in healthcare, and their probable repercussions. He will also suggest approaches to effective transformative leadership, based on more than 25 years experience in consulting for healthcare systems in six countries. 10:15 10:45 a.m. Refreshment Break in Exhibit Area Florentine Ballroom/Promenade Level 10:45 a.m. Noon Concurrent Session I Legal Implications of Genetic Testing/Therapy F Peter Whitted, MD, JD, Director, COPIC; Ophthalmologist, Midwest Eye Care, P.C. F Donna A. Messner, PhD, Vice President and Senior Research Director, Lead, GPC-USA Oncology Consortium, Center for Medical Technology Policy F Gary Marchant, PhD, JD, Faculty Director, Center for Law, Science & Innovation, Sandra Day O Connor College of Law, Arizona State University F Joseph Sanders, JD, PhD, A.A. White Professor of Law, University of Houston Law Center Genetic testing has a key place in the recent trend toward personalized medicine, helping patients and their physicians learn whether they have a predisposition to certain medical conditions, including cancer, as well as providing guidance for genomically targeted therapies for certain diseases. Several companies are marketing genetic testing materials, and the wider availability of these tests appeals to those patients who would like to know what their future may hold. However, some commentators have noted that the ability to identify genetic mutations has outpaced our understanding of their potential consequences. Another avenue of concern are payer policies on reimbursement for genetic testing what does it take to get 4
5 Reminder: Bring your electronic device of choice laptop, tablet, or smartphone so you can take full advantage of the WiFi connection and PIAA s mobile app. this testing covered and what are the costs if health insurers deny coverage for the testing. In light of this environment, will genetic testing be linked with additional liability for physicians? Should genetic testing multi-panel or specific-gene testing become one element in the standard of care for certain patients? What disclosure duties come with genetic test information that may have no significance when other important related findings are not present, i.e., there are variants of unknown significance? How do courts of law look upon genetic testing data? All important elements must be considered to understand what we will face as we begin the journey to the next stage of personalized medicine genetic therapy and genomically targeted therapies for diseases. 10:45 a.m. Noon Concurrent Session I Pompeian Ballroom/Promenade Level What s in Store for the Affordable Care Act and You? F Mary-Lou A. Misrahy, ARM, President and Chief Executive Officer, Physicians Insurance A Mutual Company F Seth J. Chandler, JD, Foundation Professor of Law, Director, Health Law & Policy Institute, University of Houston Law Center F Ardis D. Hoven, MD, Immediate Past President, American Medical Association Quite possibly the most controversial pieces of legislation enacted by Congress in a generation, more than five years after it was signed into law, the Affordable Care Act is still a topic of fervid discussion. As its implementation continues, it is important to know not only what its provisions do now, but also what the future holds as more elements come into play. The speakers will provide insights, from both pro and con perspectives, on what the ACA has done, what it will do, and what is likely to happen as it becomes more fully integrated into the U.S. healthcare system. Noon 1:30 p.m. Gold Sponsor Luncheon Augustus Ballroom I & II/Emperors Level Defensive Medicine and Healthcare Transformation in the United States F Richard E. Anderson, MD, FACP, Chairman and Chief Executive Officer, The Doctors Company The insidious influence of defensive medicine affects medical decision-making at virtually every level of care. Use of defensive medicine is, at once, both indefensible and entirely understandable. Until we confront and resolve the issues it presents, American healthcare will not be able to fulfill its potential, as a cost-effective and efficient system of quality care. 1:30 2:45 p.m. Concurrent Session II Simulation Is Safety: Perspectives from Aerospace, Human Factors, and Healthcare F Cathy M. Treen, Vice President, IU Health Risk Retention Group, Inc. F Louis P. Halamek, MD, Professor of Pediatrics, Stanford University F Michael R. Sterling, SGT, Inc. Training Quality and Standards Group Spaceflight Training Management Office, Flight Operations Directorate NASA/JSC F Luke Sato, MD, Senior Vice President, Chief Medical Officer, CRICO The use of simulation as a learning technique is becoming increasingly popular in healthcare. Unfortunately, most of the current efforts in healthcare simulation are targeted to relatively inexperienced professionals (like students and residents) and are not linked to real-world outcomes. This panel brings together experts who have extensive experience in healthcare, human factors engineering, and the aerospace industry to consider what simulation is, what it can accomplish, and how best to develop and make the best use of a simulation-based learning and assessment program that can directly addresses the areas of known risk for your institution. Panelists will also relate how simulation can be used to re-create near-misses and adverse events, for subsequent detailed root cause analysis. 1:30 2:45 p.m. Concurrent Session II Pompeian Ballroom/Promenade Level Hard Lessons Learned with Systemic Risk: Defense and Plaintiff Counsel Perspectives F Robert M. Jones, President and Chief Executive Officer, Medical Assurance Company of Mississippi 5
6 F Thomas J. Donnelly, Esq., Donnelly Nelson Depolo & Murray F Scott J. Eldredge, Esq., Burg Simpson This session will address the issue of systemic risk, and the sorts of strategies and new theories of liability that plaintiff s attorneys may use to prevail in these cases. Plaintiff s counsel may attempt to insert new elements in the case beyond the mere facts in evidence, and deploy the Reptilian Theory in their attempt to persuade juries. The presenters will explain how attendees can best counter these strategies, and also what they can do to mitigate the frequency of these kinds of claims, which can cause major financial damage to providers and healthcare systems, in the future. They will also hear about what a company s claims staff may expect from the defense attorneys who are working on systemic risk claims. 2:45 3:15 p.m. Refreshment Break in Exhibit Area 3:15 4:30 p.m. Concurrent Session III Patient Safety Organizations: Today s Landscape and Tomorrow s Implications F Joseph S. Wilson, MD, Chairman and Chief Executive Officer, MAG Mutual Insurance Company F Scott D. Geromette, Esq., Partner, Honigman Miller Schwartz and Cohn LLP F Cathy Pusey, RN, Manager, Clinical Analysis, ECRI Institute PSO F D. Scott Jones, CHC, Senior Vice President, Risk Management and Healthcare Compliance, Healthcare Providers Insurance Exchange Patient Safety Organizations (PSOs) provide a vehicle for accelerating improvements in patient safety that, in turn, can decrease adverse events and thus claims and suits. They do so by allowing secure sharing and aggregation of information on serious safety events and near misses, and the responses to them, under federal guarantees of privilege so long as they are retained within a defined Patient Safety Evaluation System (PSES). These guarantees are intended to preempt most state exceptions to such privilege. Nevertheless, we are seeing challenges to PSO rules from plaintiffs attorneys, and other parties, in multiple venues. There also are complex federal rules for developing an institutional PSES and the privileged Patient Safety Work Products (PSWP) within them that, if violated, can void that privilege. The speakers in this session will address some of the complexities of PSOs, PSESs, and PSWP s and other aspects of the federal rules that are relatively unknown. They will, in addition, discuss how PSOs can contribute substantially to patient safety, when properly managed, and will illustrate these contributions with specific examples. 3:15 4:30 p.m. Concurrent Session III Pompeian Ballroom/Promenade Level They Just Won t Quit: Attacks on Civil Justice Reform F W. Stancil Starnes, JD, Chairman, President & Chief Executive Officer, ProAssurance Corporation F Katherine H. Crocker, Esq. F Jim DeBoo, Principal, DeBoo Communications F Christine Tomkins, MD, Chief Executive, The Medical Defence Union Experts with personal experience in advocating for civil justice reform and protecting existing reforms will discuss the attacks on both current and proposed medical liability reform laws. They will relate the strategies that MPL carriers need to deploy to defeat these attacks. A speaker from the U.K. will discuss the push for litigation reform in that country and the challenges faced internationally in promoting fairness and equity in medical liability jurisprudence. Other presenters will focus on challenges in the U.S., where the personal injury bar has been relentless in its campaign to overturn state tort reforms, even in instances where these reforms have been considered settled law. This session also will feature specific lessons learned from California s Proposition 46 debate, how opponents used unrelated issues in trying to undermine the nearly 40-year-old MICRA law, and how the 24/7 news cycle and social media played a major role in both the defense of, and opposition to, MICRA. 4:30 6:00 p.m. Platinum Sponsor Reception Palace Ballroom Foyer/Emperors Level Registered Attendees and Paid Guests Welcome 6
7 Friday, May 15, :00 9:00 a.m. Silver Sponsor Breakfast in Exhibit Area Florentine Ballroom/Emperors Level Registered Attendees and Paid Guests Welcome 8:00 9:00 a.m. Annual Meeting of Members F Gloria H. Everett, Chair, PIAA F Brian K. Atchinson, President & CEO, PIAA This session is the annual business meeting of the PIAA membership. It includes the following agenda items: the election of directors; reports from the Chair, President, and Treasurer; any bylaws modifications deemed necessary and any other business that needs to come before the PIAA membership; and a discussion of the PIAA s governance and business activities. All PIAA members are encouraged to attend. 9:00 9:15 a.m. PIAA Award of Excellence in Public Policy and Advocacy 2015 PIAA Award of Excellence in Public Policy and Advocacy Dustin Corcoran Chief Executive Officer, California Medical Association Jim DeBoo Principal, DeBoo Communications Lisa Maas Executive Director, Californians Allied for Patient Protection 9:15 10:15 a.m. General Session MPL Insurance Industry Performance: What s the Latest? F Chad C. Karls, FCAS, MAAA, Principal & Consulting Actuary, Milliman, Inc. Mr. Karls will brief attendees on the essential historical, and current, financial results of the MPL industry, highlighting the primary drivers behind the industry s improved capital position. He will also comment on the several factors now in play that may well culminate in an emerging hard market. Armed with a better understanding of the underlying drivers of the industry s current financial condition, attendees will be aware of the particular parameters they should be watching closely in anticipation of the eventual hardening market. 10:15 10:45 a.m. Refreshment Break in Exhibit Area 10:45 a.m. Noon General Session Big Data s Big Impact on Healthcare and the MPL Industry F Michelle Hoppes, RN, AHRMQR, DFASHRM, President, Michigan Professional Insurance Exchange F Raju Bohra, Executive Vice President, Willis Re Analytics F Mark E. Dorn, President & CEO, DAVID Corporation F David P. Duden, Director, Deloitte Consulting F Chad C. Karls, FCAS, MAAA, Principal & Consulting Actuary, Milliman, Inc. There is a data revolution occurring and Big Data is a hot topic. Many companies consider data generation and collection as mission critical. Industries are recognizing the need to convert data into knowledge and knowledge into intelligence. In this session, attendees will learn about the analytics imperative, the process for real time operational intelligence to drive key performance indicators, and methods to predict and monitor outcomes and results. There will be a focus on new sources of data for making decisions in underwriting, rating, and pricing that may expand the strategic capacity of liability companies. Learning how to selectively identify and apply this data accurately for risk control and underwriting can have a positive impact on an MPL program s profitability. Big data can also be combined with scoring algorithms and other data analytic tools, to further advance the science of underwriting and risk management. The speakers will also discuss the potential uses of predictive exposure data and how using data coding taxonomies can leverage the value of big data. Noon 2:00 p.m. Gold Sponsor Luncheon Here Come the Millennials: Physicians, Patients, and Presumptions F Scott Hess, Senior Vice President, Human Intelligence, Spark Millennials comprise the biggest living generation, some 80 million strong. Learn more about what to expect Scott Hess from them and how to connect with them as colleagues and clients from someone who s spent the past 15 years studying them. Noted Millennial expert Scott Hess will take us inside their minds and hearts, to explore their attitudes, values, beliefs, and behaviors, and explain why they matter. 2:00 p.m. Adjourn 7
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Dear PIAA members and colleagues: Welcome to the 2014 PIAA Medical Liability Conference!
2014 PIAA Medical Liability Conference Dear PIAA members and colleagues: Welcome to the 2014 PIAA Medical Liability Conference! We are so pleased that you re here with us in Toronto for what promises to
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