2017 CSHA Annual Meeting & Spring Seminar
Hyatt Regency Huntington Beach Resort and Spa
April 21–23, 2017
Hyatt Regency Huntington Beach Resort and Spa
CSHA is pleased to announce its 2017 Annual Meeting & Spring Seminar. Plan to join us for this in-depth overview of changes to California health law.
It is my pleasure to invite you to join us for the CSHA 2017 Annual Meeting & Spring Seminar at the beautiful Hyatt Regency Huntington Beach Resort & Spa. This is a time of great uncertainty and change for the healthcare industry, which we believe makes participation in our annual program more valuable than ever. Along with the regular array of MCLE- approved sessions on important and topical issues of interest to healthcare attorneys from a broad range of practices, this year’s Friday morning program will include an extended panel presentation regarding the effect at both the state and federal level of the anticipated transformation of the ACA under the Trump administration.
We will hold a brief business meeting to bring you current information about our Society’s operations, finances and initiatives and to tell you about opportunities to increase your involvement as a CSHA member. As always, there will be many opportunities during the weekend to network with your health law colleagues, starting with the Friday evening Welcome Reception and extending to our Saturday evening Annual Dinner. Entertainment this year will include a Roaring 20s themed Murder Mystery show, with audience participation period–appropriate dress encouraged! CSHA will also once again host a new member luncheon on Saturday afternoon. Attorneys who are new to CSHA, committee members and current or former Board members are encouraged to attend.
Please review the program webpage carefully for further information on our program. Whether a novice or veteran healthcare attorney, CSHA’s 2017 Annual Meeting & Spring Seminar promises to be a worthwhile – and enjoyable – investment of your time. I look forward to greeting you in beautiful Huntington Beach!
Karen Weinstein, CSHA President
Friday – 4/21
7:30 a.m. – 8:15 a.m. | Registration & Continental Breakfast
8:15 a.m. – 8:30 a.m. | Welcome & Introductions
Karen Weinstein, President, California Society for Healthcare Attorneys
8:30 a.m. – 10:00 a.m. | Healthcare Reform Under the Trump Administration: What We Expected, What We Got, and What’s Next
Marisa Adelson and Gary Baldwin, Crowell & Moring LLP; Lloyd A. Bookman, Keith J. Fontenot and Felicia Sze, Hooper, Lundy & Bookman, P.C.
The Republicans who were elected in 2016, most notably President Trump, promised big changes to the U.S. healthcare system. Our panel of speakers will provide up-to-the-minute insight on the outlook from Washington, DC, and updates on how the Trump administration has or may change Medicaid, Medicare, and the insurance market, including the commercial market, Medi-Cal managed care, and Covered California. We will examine the effects of enacted and planned federal reforms on the California market including proposed changes to state law and effects on payors and consumers.
10:15 a.m. – 11:15 a.m. | Allied Health Practitioners and the Medical Level of Care
Sarah G. Benator, Arent Fox LLP
Hospitals, non-acute facilities, clinics, and medical practices increasingly are relying on allied health practitioners (AHPs) to reduce cost and increase access to care. Relying on advance practice RNs and PAs raises comple questions regarding the credentialing, supervision, and scope of AHP practice. This session will explore these and related issues – such as credentialing requirements, documentation obligations, Joint Commission standards, hearing rights and reporting obligations, “scope creep,” and EMTALA – as they relate to APRNs and PAs in various practice environments.
11:15 am – Noon | Medical Coding for Health Care Lawyers: Understanding the Basics
Leslie Murphy, King & Spalding
Our speaker, an attorney and certified coding specialist, will provide an overview of the primary medical coding systems used in in the healthcare industry, including CPT, HCPCS, and ICD-10 coding. The overview will also examine the standard claim information exchanged between payers and providers for reimbursement of hospital and professional services, and describe the roles of coders, clinical documentation specialists and billers. Attendees will learn how basic coding and reimbursement principals relate to many aspects of healthcare law, including, compliance, licensing, physician contracting, fraud and abuse, and False Claims Act matters.
Noon – 1:30 pm | Lunch (hosted)
We will be providing seminar attendees with the opportunity to engage in some fun and easy physical activity. We encourage you to participate!
1:30 – 2:15 pm | A Day in the Life of a Health System General Counsel: On the Front Lines
Carlisle “Ky” C. Lewis, Sharp HealthCare
Sharp HealthCare is a not-for-profit regional health care system located in San Diego that includes four acute care hospitals, three specialty hospitals, over 20 medical centers , two affiliated medical groups, a health plan and 18,000 employees. Sharp Healthcare’s general counsel will describe his organization, a typical day, and the challenges he faces in counseling these entities. Learn what keeps hospital in-house counsel awake at night!
2:15 – 3:00 pm | Recruiting Physicians and Mid-Level Practitioners: Best Practices for Successful Recruitments
Auburn Daily and Elspeth Delaney-Paul, Dignity Health
While physician recruitment agreements may seem like straightforward provider contracts allowing hospitals to offer enticing monetary packages to induce physicians to relocate to the hospital’s service area, in practice they can get very complicated, very quickly. This session will begin with an introduction to physician recruitment agreements and an overview of applicable fraud and abuse criteria and then will delve into how to identify and respond to common problems such as poorly prepared pro formas, ineligible practice expenses, and physician defaults. The second half of the presentation will center on the new Stark Law exception permitting hospitals to offer compensation assistance to physicians/groups to recruit mid-level practitioners; relevant templates and materials will be made available to participants.
3:15 – 4:15 pm | Post-Acute and Long Term Care 101: A Primer for Healthcare Attorneys
Mark E. Reagan and Mark A. Johnson, Hooper, Lundy & Bookman, P.C.
Recent changes to Medicare and Medicaid payment systems have greatly impacted the relationships between hospitals, physicians and post-acute/long term care providers. These changes are reflected in the several forms of ACOs, the numerous bundled payment programs, and the escalating readmission penalties, and have resulted in post-acute providers playing an increasingly important role in the financial outcomes of hospitals, physicians, and other providers across the healthcare continuum. This presentation will provide an introduction to the role of post-acute providers and explore the intricacies of the post-acute and long term care systems and how they relate to the challenges faced by hospitals and physicians. It will describe how hospitals, physicians and post-acute providers can collaborate (financially and otherwise) to provide high quality care and incentivize efficiency and innovation.
4:15 – 5:15 pm | Peer Review for Medical Groups
Arthur Chenen and Anthony Witteman, Theodora Oringher PC
When it comes to peer review and corrective action in California, the rights and obligations of physicians, hospitals and medical staffs are well defined. However, when it comes to peer review in medical groups, especially, but not only, small and medium sized medical groups, there is little statutory or case law guidance. This presentation will discuss the issues unique to peer review in a medical group, including whether a medical group is required to establish a formal peer review system; the advantages and disadvantages of forming such a system; how a medical group can maintain confidentiality of its peer review activities; whether medical group peer review activities have immunity from liability; and whether hospitals and medical staffs can learn any lessons from medical group peer review systems.
5:15 – 5:30 pm | CSHA Annual Member Meeting
Karen Weinstein, President, California Society for Healthcare Attorneys
5:30 – 7:00 pm | Welcome Reception (hosted)
Saturday – 4/22
7:30 a.m. – 8:30 a.m. | Breakfast Roundtables
Challenges Facing Dialysis Providers
Nilay Vora, Jeffer Mangels Butler & Mitchell LLP
Provider Directory and Timely Access Requirements and Challenges
Melissa Borrelli, Western Health Advantage; Stephanie Wittorff, California Medical Association
Self-Disclosure Protocol Experience and Strategies
Judy Waltz, Foley & Lardner LLP
What Health Care Providers Should Know About Marijuana
Natalia Mazina, Kelly, Hockel & Klein P.C.
8:45 – 9:45 am | Health Litigation Update
Peder K. Batalden and H. Thomas Watson, Horvitz & Levy LLP
This popular annual session will highlight recent, significant appellate court decisions that will affect the California healthcare industry for years to come. Panelists will focus on decisions impacting hospitals, physicians, medical staffs and payors.
10:00 – 11:15 am | Defending a Whistleblower Retaliation Case at Trial
Richard D. Barton and Shelley Carder, Procopio, Cory, Hargreaves & Savitch LLP
Health and Safety Code Section 1278.5 explicitly prohibits health care employers and medical staffs from retaliating against physicians or others in response to complaints about patient care issues. The FEHA anti-discrimination and retaliation provisions also protect health care providers. When claims of retaliation and discrimination are pursued, the lawyers must explain to courts and juries the underlying dynamics in our very complicated healthcare delivery system. Our speakers will share their experiences and strategies in successfully defending a health care system in a trial involving a physician’s claims of retaliation and discrimination arising from the non-renewal of a medical director contract. The presentation will explain the complicated legal issues involved, as well as the challenges in the investigation of the incidents raised by the physician, and the presentation of those issues to a jury.
11:15 am – Noon | Employment Law Update
Carla J. Hartley, Dillingham & Murphy, LLP
Complying with the ever changing landscape that is employment law is a challenge for any California employer, but can present particular challenges for healthcare employers. This session will cover the most significant recent employment law developments impacting healthcare employers, including tips for compliance and avoiding lawsuits. Topics will include harassment prevention, the California Equal Pay Act, wage and hour, workplace issues related to the legalization of marijuana, and rights of transgender employees.
Noon – 1:00 p.m. | New Member Luncheon for Pre-registered Participants
Members who joined CSHA after April 2016 are invited to attend, as are current CSHA committee and Board members.
6:00 – 9:00 pm | CSHA 2017 Annual Dinner (hosted)
This year’s Annual Dinner, to be held at the Hyatt Regency Huntington Beach Resort & Spa will feature a Murder Mystery show. Be sure to join us for a night of mystery and intrigue in the wild and romantic era of the roaring 20’s!
Sunday – 4/23
7:30 a.m. – 8:45 a.m. | Registration & Continental Breakfast
9:00 – 10:00 am | Facing the Facts: Attorney Substance Use and Mental Health in 2017
Patrick Krill, Krill Strategies
Our speaker, an attorney and licensed alcohol and drug counselor, will present a summary of current research on attorney substance use and mental health disorders — most notably the 2016 study he led for the ABA & Hazelden Betty Ford Foundation — as the backdrop to a discussion of why the profession struggles with so much dysfunction, as well as why, when and how to take action about the problems.
10:15 – 11:00 am | “How Can I Say This Charitably?: The Background and Current State of Attorney General Supervision of California Nonprofit Health System Transactions
Terri Cammarano, MemorialCare Health System; John Chesley, Ropes & Gray LLP
The presenters will carry on a dialogue about the landscape of nonprofit hospital oversight by the Office of the California Attorney General, with a particular focus on the AG applying, interpreting, waiving and enforcing conditions placed on hospitals to obtain the AG’s consent to changes of control. Topics covered will include: a (brief) history of change-of-control regulation in California, the evolving practice of the AG in designing conditions, the process itself, what to look for from the new AG, and issues that may arise from the impacts of ACA repeal/replacement.
11:15 am – Noon | Hot Topics in Health Care Fraud
Charles “Chuck” La Bella, Bartko, Zankel, Bunzel & Miller
This session will address from the prosecution and defense perspectives current developments in healthcare fraud, including anti-kickback issues, Stark law issues, the September 9, 2015 Yates memorandum, statistical sampling to establish liability, the impact of U.S. ex rel. Escobar v. Universal Health Services, Inc., the trend of declined litigation, and what can be anticipated in light of the new administration.
Noon | Adjournment and Distribution of MCLE Certificates
Register by March 24 and Save
Registrations received after March 24, add $55
Minimum Continuing Legal Education
The California Society for Healthcare Attorneys is a State Bar of California-approved MCLE provider. The Annual Meeting & Spring Seminar provides up to 13.25 hours of MCLE credit, including one hour of substance abuse units.
All cancellations must be in writing and received in the CSHA office by March 31, 2016. Seminar registration fees, minus a $75 processing fee, will be refunded for cancellations received by the March 31 deadline. Substitutions may be arranged by contacting the CSHA offices.
Discount deadline is March 27
CSHA has reserved a limited number of rooms at the Hyatt Regency Huntington Beach Resort & Spa, available on a first-come, first-served basis at a nightly rate of $285, plus tax and $15 resort fee. The deadline for reserving rooms at this rate is March 27, 2017. After that date, reservations will be confirmed subject to general availability. Contact the hotel directly at (888) 421-1442 and ask for the California Society for Healthcare Attorneys (CSHA) group rate.
Additional rooms have been reserved for CSHA Annual Meeting & Spring Seminar participants at the Waterfront Beach Resort (next door to the host hotel), available on a first-come, first-served basis at a nightly rate of $279 (single/double occupancy). The deadline for reserving rooms at this rate is March 27, 2017. After that date, reservations will be confirmed subject to general availability. Contact the hotel directly at (714) 845-8000 and ask for the California Society for Healthcare Attorneys (CSHA) group rate.
CSHA is fortunate to receive generous sponsorship of the 2017 Annual Meeting & Spring Seminar from the following firms:
Alvarez & Marsal Healthcare Industry Group
American Arbitration Association
Arent Fox LLP
Best Best & Krieger LLP
Crowell & Moring
Daponde Szabo Rowe
Davis Wright Tremaine LLP
Dentons US LLP
Doll Amir & Eley LLP
Epstein Becker & Green
Fenton Law Group, LLP
Foley & Lardner LLP
Garner Health Law Corporation
Hanson Bridgett LLP
Helton Law Firm
Hooper, Lundy & Bookman, PC
Horvitz & Levy LLP
Kennaday Leavitt Owensby PC
Kessenick Gamma & Free, LLP
King & Spalding
Latham & Watkins LLP
Manatt, Phelps & Phillips
Outwater & Pinckes, LLP
Pillsbury Winthrop Shaw Pittman LLP
Procopio, Cory, Hargreaves & Savitch LLP
Prospect Medical Holdings, Inc.
Ropes & Gray
Theodora Oringher PC