American Health Lawyers Association

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1 American Health Lawyers Association February 11-13, 2013 JW Marriott Desert Ridge Resort & Spa 2013 American Health Lawyers Association

2 This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. From a Declaration of Principles jointly adopted by a committee of the American Bar Association and a committee of publishers and associations. The opinions presented in the papers included in this publication are those of the author(s) and do not reflect or represent the opinions of the American Health Lawyers Association. Program Attendees: Please be aware that all of the sessions at this program are audio recorded. Microphones cannot be turned off and recordings cannot be edited. copyright 2013 American Health Lawyers Association

3 February 11-13, 2013 Keynote Address Robert K. DeConti, Esq. Assistant Inspector General for Legal Affairs Office of the Inspector General United States Department of Health and Human Services Washington, DC

4 February 11-13, 2013 A Marketing Compliance Primer for Healthcare Providers Anna M. Grizzle, Esq. Bass Berry & Sims PLC Nashville, TN Lori S. Richardson Pelliccioni, JD, PhD Chief Risk Officer and Chief Compliance Officer Simplex Healthcare, Inc. Beverly Hills, CA

5 February 11-13, 2013 The MSO s Prognosis after the ACA: A Viable Integration Tool? Gregory D. Anderson, CPA/ABV, CVA HORNE LLP Hattiesburg, MS Emily B. Grey, Esq. Breazeale Sachse & Wilson LLP Baton Rouge, LA

6 February 11-13, 2013 The Evolution of HIPAA: Impact of HITECH and Increased HIPAA Enforcement on Physician Practices Kimberly Short Kirk, Esq. Moore & Van Allen PLLC Charlotte, NC Brad M. Rostolsky, Esq. Reed Smith LLP Philadelphia, PA

7 February 11-13, 2013 Audits and Appeals: Pre- and Post-Audit Strategies Frank Cohen, Esq. The Frank Cohen Group LLC Clearwater, FL

8 February 11-13, 2013 How to Determine Commercial Reasonableness of Hospital-Physician Compensation Arrangements Marc D. Goldstone, Esq. Vice President and Associate General Counsel Community Health Systems Franklin, TN Daryl P. Johnson, MACC, AVA HealthCare Appraisers, Inc. Delray Beach, FL Daniel H. Melvin, Esq. McDermott Will & Emery LLP Chicago, IL

9 February 11-13, 2013 Staying the Course: Maintaining a Physician Group Practice in Today s Healthcare Environment R. Michael Barry, Esq. Arnall Golden Gregory LLP Atlanta, GA Barbara Grant PYA Atlanta, GA

10 February 11-13, 2013 Building Practice Acquisition and Employment Strategies that Stand the Test of Time in a Changing Regulatory Environment Christopher T. Carnahan Carnahan Group, Inc. Tampa, FL David T. Lewis, Esq. Vice President and Associate General Counsel LifePoint Hospitals Brentwood, TN

11 February 11-13, 2013 Caught between Scylla and Charybdis: Reconciling Incentive Payments for Value with Government Concerns about Clinical Quality and Overutilization Daniel F. Murphy, Esq. Bradley Arant Boult Cummings LLP Birmingham, AL Bruce J. Toppin, Esq. Vice President and General Counsel North Mississippi Health Services Tupelo, MS

12 February 11-13, 2013 Reimbursement: Getting Physicians Paid Andrew H. Selesnick, Esq. Michelman & Robinson LLP Encino, CA

13 February 11-13, 2013 A 12-Step Program to Better Compliance: A Practical Approach Julie E. Kass, Esq. OBER KALER Baltimore, MD Kim Harvey Looney, Esq. Waller Lansden Dortch & Davis LLP Nashville, TN

14 February 11-13, 2013 Top Legal Developments for Hospitals and Physicians Elizabeth Carder-Thompson, Esq. Reed Smith LLP Washington, DC Jack S. Schroder, Jr., Esq. Ret. Alston & Bird LLP Big Canoe, GA

15 February 11-13, 2013 Why Quality of Care Should Matter to You: FCA Enforcement in 2013 and Beyond George B. Breen, Esq. Epstein Becker & Green PC Washington, DC Kevin A. Cornish Navigant Jeffrey Dickstein, Esq. AUSA US Department of Justice Miami, FL

16 February 11-13, 2013 Complex Fair Market Value/ Commercial Reasonableness Compensation Issues Robert A. Wade, Esq. Krieg DeVault LLP Mishawaka, IN

17 February 11-13, 2013 You Say Tomato: Employer and Employee Perspectives on the Physician Employment Contract Philip M. Bluestein, Esq. Law Office of Philip M. Bluestein Boulder, CO Martha S. Henley, Esq. Operations Counsel Community Health Systems Franklin, TN

18 February 11-13, 2013 Bundled Payments Practicalities, Contractual and Governance Issues Alice G. Gosfield, Esq. Alice G. Gosfield & Associates PC Philadelphia, PA

19 February 11-13, 2013 I ll Have What She s Having Harry Hospital Meets Sally Specialist Robert G. Homchick, Esq. Davis Wright Tremaine LLP Seattle, WA Cynthia Y. Reisz, Esq. Bass Berry & Sims PLC Nashville, TN

20 February 11-13, 2012 Consolidation in a Rapidly Changing Industry: Navigating Options, Antitrust & Other Obstacles David A. Ettinger, Esq. Honigman Miller Schwartz and Cohn LLP Detroit, MI Lynn Gordon, Esq. Ungaretti & Harris LLP Chicago, IL

21 February 11-13, 2012 Buyer Beware! The Value of Due Diligence in Hospital-Physician Transactions Lori A. Foley PYA Atlanta, GA Judd A. Harwood, Esq. Bradley Arant Boult Cummings LLP Birmingham, AL

22 February 11-13, 2012 Physician Compensation: Legal and Valuation Trends Today, Tomorrow and Beyond Kimberly A. Mobley Sullivan Cotter and Associates, Inc. Southfield, MI Claire M. Turcotte, Esq. Bricker & Eckler LLP West Chester, OH

23 February 11-13, 2012 Legal Ethics: What Penn State and Lehman Brothers Can Teach Healthcare Lawyers about Conflicts of Interest William W. Horton, Esq. Johnston Barton Proctor & Rose LLP Birmingham, AL Jeff Sconyers, Esq. Senior Vice President and General Counsel Seattle Children s Hospital Seattle, WA

24 February 11-13, 2012 A Practitioner's Toolkit for Addressing "Technical" Violations of the Stark Law Kristin M. Bohl, Esq. Adelman Sheff & Smith LLC Annapolis, MD Robert D. Stone, Esq. Alston & Bird LLP Atlanta, GA

25 February 11-13, 2012 The Top 10 Conflicts of Interest Developments Healthcare Lawyers Need to Know About Gregory S. Radinsky, JD, MBA Vice President, Chief Corporate Compliance Officer North Shore Long Island Jewish Health System Great Neck, NY

26 February 11-13, 2012 Physician and Hospital Investment in Ambulatory Surgery Centers Melissa S. Szabad, Esq. McGuire Woods LLP Chicago, IL Martha J. Talley, JD Chief, Industry Guidance Branch United States Department of Health and Human Services Office of the Inspector General Washington, DC

27 February 11-13, 2012 How Health Reform Has Reduced Fraud Enforcement Risk for Hospitals and Physician Organizations Patrick S. Coffey, Esq. Locke Lord Bissell & Liddell LLP Chicago, IL Linda A. Wawzenski, Esq. Assistant US Attorney and Deputy Chief of Civil Division United States Attorney s Office, Northern District of Illinois Chicago, IL

28 February 11-13, 2012 Clinically Integrated Networks: The PHOs of the 21st Century Peter A. Pavarini, Esq. Squire Sanders LLP Columbus, OH Michael F. Schaff, Esq. Wilentz Goldman & Spitzer PA Woodbridge, NJ

29 February 11-13, 2012 Hospital Acquisition of Physicians Groups William E. Berlin, Esq. OBER KALER Washington, DC John P. Wiegand, Esq. Staff Attorney Federal Trade Commission San Francisco, CA

30 February 11-13, 2012 OIG Enforcement Initiatives Relating to Hospitals S. Craig Holden, Esq. OBER KALER Baltimore, MD Lewis Morris, Esq. Adelman Sheff & Smith LLC Annapolis, MD

31 February 11-13, 2012 Knowing When and How to Protect Quality Information in an Employed Physician World Catherine M. Ballard, Esq. Bricker & Eckler LLP Columbus, OH Barbara Harbor Evert, MD Vice President Medical Affairs Ohio Health Dublin Methodist Hospital and Grady Memorial Hospital Columbus, OH

32 February 11-13, 2012 Strategies behind Successfully Resolving Compliance Issues and Government Investigations Brian D. Roark, Esq. Bass Berry & Sims PLC Nashville, TN Richard L. Shackelford, Esq. King & Spalding LLP Atlanta, GA

33 February 11-13, 2012 Health Reform Fatigue: Which Health Reform Models Have the Strongest Chance of Success? James C. Pyles, Esq. Powers Pyles Sutter & Verville PC Washington, DC

34 February 11-13, 2012 Reimbursement Rules that Could Trip Up Hospital Attorneys Cynthia F. Wisner, Esq. Associate Counsel Trinity Health Farmington Hills, MI

35 February 11-13, 2012 Analysis of the New Omnibus HIPAA/HITECH Regulations Marilyn Lamar, Esq. Liss & Lamar PC Oak Brook, IL Patricia A. Markus, Esq. Smith Moore Leatherwood LLP Raleigh, NC

36 February 11-13, 2012 If You Can t Monitor It, Don t Execute It: Ways to Develop Compliant Agreements that Are Commercially Reasonable and Consistent with FMV Curtis H. Bernstein, CPA/ABV, ASA, CVA, MBA Altegra Health Los Angeles, CA Jill H. Gordon, Esq. Nixon Peabody LLP Los Angeles, CA

37 February 11-13, 2012 Best Practices for Achieving Complex Patient Discharges Mary Daymont, Esq. Executive Director of Clinical Resource Management Children s National Medical Center Washington, DC Alice M. MacDermott, Esq. Vice President, Associate General Counsel Health Alliance Plan Detroit, MI

38 February 11-13, 2012 Non-Profit/For-Profit Joint Ventures Structuring and Valuing the Deal Elliott Jeter VMG Health Dallas, TX James M. Pinna, Esq. Hunton & Williams LLP Richmond, VA

39 February 11-13, 2012 Social Media Compliance Challenges: From HIPAA to the NLRA Kimberly W. Daniel, Esq. Hancock Daniel Johnson & Nagle PC Glen Allen, VA Sara S. Rorer, Esq. Taft Stettinius & Hollister LLP Cincinnati, OH

40 February 11-13, 2013 Speakers Biographies

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