2017 CSHA Hearing Officer Training Program
Trident Center, West Los Angeles
June 23, 2017
Trident Center, West Los Angeles
CSHA is pleased to announce its 2017 Hearing Officer Training Program. Plan to join us for this informative and educational event.
In California, statutes provide that physicians facing disciplinary action regarding their practice privileges are entitled to a “fair procedure” – a quasi-judicial hearing commonly conducted before a panel of peers, presided over by an attorney serving as a Hearing Officer.
Concerned about the availability of qualified and experienced Hearing Officers, the CSHA Board of Directors and Hearing Officer Committee developed the Hearing Officer Program as a method to identify and promote suitable qualifications for attorneys to serve in this capacity. One criterion to be listed as a Hearing Officer by CSHA is completion of an educational program developed by CSHA. This year, CSHA is holding another program to accommodate interested attorneys who could not attend the prior programs and to update those with a focused interest in this area of the law.
While the myriad requirements may seem daunting at first, we have again selected expert presenters and assembled valuable course materials to address typical issues encountered by Hearing Officers. New attendees will benefit from this presentation of basic considerations that apply to the role of a presiding officer, while those more experienced will enjoy the opportunity to refresh heir knowledge and interact with others who deal with these issues on an ongoing basis.
Please join us for this interesting and instructive program!
Friday, June 23
8:30 – 9:00 am | Registration and Continental Breakfast
9:00 – 9:15 am | Welcome & Opening Remarks
Abbie Maliniak, Chair, CSHA Hearing Officer Committee
9:15 – 10:00 am | Preliminary Considerations
Patrick Moore, Patrick K. Moore Law Corporation
When contacted to serve as a Hearing Officer, a number of preliminary steps typically need to be addressed, including conflict evaluation, engagement arrangements, early communications with parties or counsel and the JRC, and confidentiality arrangements. This first segment will review some of those tasks and related considerations.
10:00 – 10:30 am | Voir Dire of Hearing Officer and Panel
Daniel Willick, Law Offices of Daniel H. Willick
Reasonable voir dire of the Hearing Officer and the JRC is a mechanism designed to promote a fair process. Issues may arise during voir dire or the hearing that the Hearing Officer will need to address. This segment will address these issues and identify related procedural and substantive issues.
10:30 – 10:45 am | Break
10:45 am – 12:00 pm | Notice of Hearing/Charges and Discovery
David Rosenberg, Rosenberg, Shpall, & Zeigen, APLC and Doreen Shenfeld, Manatt, Phelps & Phillips, LLP
The Hearing Officer exercises a central role in the ability of both sides to secure and disclose documentation of the charges, a process that can be problematic and at times contentious. The presenters will address these issues with some comment on opposing perspectives of the parties.
12:00 – 1:00 pm | Networking Luncheon (hosted)
1:00 – 2:15 pm | Conduct of Hearing and Evidence
Carlo Coppo, Nossaman LLP, John Harwell, Law Offices of John D. Harwell and Brock Phillips, Pacific West Law Group, LLP
A central responsibility of the Hearing Officer is to preside over the evidentiary hearing sessions to ensure they move forward in an effective and efficient manner, with due consideration for the procedural and substantive rights of both sides, including rulings on evidence to be allowed. This presentation will focus on the common problems confronted.
2:15 – 2:30 pm | Break
2:30 – 3:15 pm | Deliberations and Panel Decision
Cary Miller, ADR Services, Inc.
The duties of the Hearing Officer don’t end when evidentiary sessions conclude. This session will explore the Hearing Officer’s pre-deliberation instructions, potential participation in the JRC’s deliberations and drafting the decision.
3:15 – 4:00 pm | Appellate Review
John Harwell, Law Offices of John D. Harwell, and Terri Keville, Davis Wright Tremaine LLP
Although not expressly required by statute, appellate review of peer review hearings is required by the Joint Commission and routinely included in medical staff bylaws. The evolving body of law regarding the responsibilities of the governing body and the role of the Hearing Officer in such review will be reviewed and analyzed.
4:00 pm | Adjournment & Distribution of MCLE Certificates
4:15 – 5:15 pm | Welcome Reception (hosted)
Register by June 3 and save!*
Members $195 per program
Non-members $195 per program + membership dues**
Registrations received after June 3, add $50.*
Initial membership dues are $255. Discounted membership programs are available to eligible individuals. Please visit www.csha.info/pilot-membership-programs to determine if you qualify. Your CSHA membership will be valid through 2017.**
Minimum Continuing Legal Education
The California Society for Healthcare Attorneys is a State Bar of California-approved MCLE provider. The Hearing Officer Training Program offers up to 5.25 hours of participatory MCLE credit.
All cancellations must be in writing and received in the CSHA office by June 10. Seminar and/or program registration fees, minus a $75 processing fee, will be refunded for cancellations received by the June 10 deadline. Substitutions may be arranged by contacting the CSHA offices.