2020 CSHA Annual Meeting & Spring Seminar
Resort at Squaw Creek
April 24–26, 2020
Resort at Squaw Creek
CSHA is pleased to announce its 2020 Annual Meeting & Spring Seminar. Plan to join us for this in-depth overview of changes to California health law.
Please join us for the CSHA 2020 Annual Meeting and Spring Seminar at the beautiful Resort at Squaw Creek. Weekend sessions are scheduled in the mornings, leaving the afternoons free for you and your party to enjoy the majestic Lake Tahoe Basin, including a variety of outdoor activities both on and off the ski slopes.
This is a time of uncertainty and change for the healthcare
industry, and we have selected a diverse range of presentations
to assist you in meeting some of the latest challenges and
opportunities facing our clients. We are confident you will be
delighted with both the breadth and depth of our MCLE-approved
sessions, as well as the knowledge and experience of our
presenters. Our topics are specifically designed to appeal to our
members’ diverse practices, whether they represent health
facilities, physicians, health plans or government agencies.
We will hold a brief business meeting to bring you current information about our Society’s operations, finances and initiatives. Our always-popular Friday evening Welcome Reception and Saturday evening Annual Dinner (with live entertainment) provide opportunities to network with your health law colleagues. In addition, we will host a new member luncheon on Saturday afternoon. Attorneys who are new to CSHA, retired attorney members, committee members, current Board members and past presidents are encouraged to attend.
Whether a novice or veteran healthcare attorney, CSHA’s 2020 Annual Meeting and Spring Seminar is sure to be a worthwhile investment of your time. I look forward to greeting you there.
Lisa Matsubara, CSHA President
7:30 – 8:30 am | Registration & Continental Breakfast
8:30 – 8:45 am | Welcome & Introductions
Lisa Matsubara, President, California Society for Healthcare Attorneys
8:45 – 9:30 am | The Future of Medi-Cal
Ryan Witz, California Hospital Association
Momentous changes are on the horizon for Medi-Cal. The “Healthier California for All” initiative will implement broad delivery system, program and payment reforms. In addition, DHCS will carve out the pharmacy benefit from managed care contracts and move it to a standardized fee-for-service benefit. At the federal level, the proposed Medicaid Fiscal Accountability Regulation will significantly impact provider payments and state financing of Medicaid, potentially threatening the program’s financial viability. CMS also plans to permit states to move to a block grant financing mechanism for some beneficiaries, allowing states to limit benefits – and be free from many of the program’s rules. Our speaker will explain these and other developments.
9:30 – 10:30 am | Price Transparency from the Provider
and Plan Perspective: Pending Rules, Legal Challenges, and
Potential Market Impacts
Keith Fontenot, America’s Health Insurance Plans; Katrina Pagonis, Hooper, Lundy & Bookman, P.C.
This presentation will focus on recent rulemaking and legal challenges to two federal price transparency rules. The hospital final rule requires hospitals to publicly disclose payer-specific negotiated rates on a plan-by-plan basis for all services and make similar disclosures for 300 “shoppable” services. The Transparency in Coverage proposed rule would require payers to disclose all negotiated provider rates, as well give consumers cost estimates and other pricing data upon request. These rules pose complex legal, business, and operational challenges for hospitals and payers. Our speakers will describe the requirements of the rules and their implications, as well as litigation over the legality of these rules.
10:45 – 11:30 am | Antitrust and Managed Care
Zuzana Ikels, King & Spalding LLP (moderator); panelists to be announced
At the end of 2019, Sutter Health agreed to pay $575 million to settle claims of anti-competitive behavior brought by the California state attorney general as well as unions and employers. This presentation will explore the legal issues that arise from managed care contracting, including liability under the Cartwright Act and Unfair Competition Law and other issues litigated in the Sutter Health case.
11:30 am – 12:15 pm | A Day in the Life of a Health
System General Counsel: On the Front Lines
Rick Grossman, Sharp HealthCare; Erin Muellenberg, Polsinelli (moderator); and James Watson; St. Joseph Health System
Rick Grossman of Sharp HealthCare and Jim Watson of St Joseph Health System will describe their organizations, a typical day, and the challenges they face in counseling California hospitals and health systems. Learn what keeps hospital general counsel awake at night!
12:15 – 1:30 pm | Lunch (hosted)
1:30 – 2:15 pm | Anti-SLAPP in Peer Review: The Evolution
Debra Albin-Riley and Diane Roldán, Arent Fox LLP
The California Anti-SLAPP statute was enacted to prevent frivolous or malicious lawsuits filed to chill the exercise of certain rights, and has been vigorously litigated in the peer review context. When does peer review involve protected activity? When does an allegation of retaliatory motive remove anti-SLAPP protection? Much has changed since the California Supreme Court decided Kibler in 2006; our speakers will discuss the law, focusing on court decisions including Fahlen, Armin, Park, Melamed, Bonni and Wilson v. CNN.
2:15 – 3:00 pm | Surprise! An Update on the Status of
Surprise Billing Legislation in California and
Eric Chan, Hooper, Lundy & Bookman, P.C.; Dietmar Grellmann, California Hospital Association; Curtis Leavitt, Kennaday Leavitt PC; and Stacey Wittorff, California Medical Association
California is a pioneer in enacting laws about “surprise” medical bills. This presentation will bring you up-to-date on the evolution of prohibitions against surprise bills in California, from the 2009 Prospect decision to AB 1611, currently being debated in the state legislature. Our speakers – who will represent the perspectives of physicians, hospitals, and health plans – will describe the current state of implementation of AB 72, the inherent limitations of state legislation versus legislation at the federal level, and the latest “real time” developments in Congress and the State Legislature.
3:15 – 4:00 pm | Stark, AKS and CMP: Landmark Reforms on
Brian Taylor, Boutin Jones, Inc.
The federal government has proposed the most significant changes to the Stark, Anti-Kickback Statute (AKS), and Civil Monetary Penalty (CMP) regulations in the last decade, with the goal of advancing coordinated, value-based care and reducing regulatory burden. This in-depth analysis of key provisions addresses noteworthy changes, including new exceptions under the Stark and CMP laws as well as new and modified AKS safe harbors. The speaker will also pass on insights gleaned from government agency commentary in the proposed rules.
4:00 – 5:00 pm | Difficult Patient Discharges: Legal
Framework, Considerations, and Solutions
Hope Levy-Biehl, Davis Wright Tremaine, LLP; Julia Michael, Providence St. Joseph Health
Some patients are difficult to discharge from the hospital: patients who lack capacity to make health care decisions and have no one to make decisions on their behalf — or who have multiple family members who disagree on a discharge plan; patients whose behavior is off-putting to potential discharge settings; patients who are uninsured; patients who are unwilling to approve a discharge location; and others. This presentation provides a legal framework for evaluating these cases and practical tools that providers can use to proactively manage these patients.
5:00 – 5:15 p.m. | CSHA Annual Member
Lisa Matsubara, President, California Soceity for Healthcare Attorneys
5:15 – 7:00 p.m. | Welcome Reception (hosted)
7:30 – 8:45 a.m. | Breakfast Roundtables
9:00 – 10:00 a.m. | Health Litigation Update
Peder Batalden and H. Thomas Watson, Horvitz & Levy, LLP
This popular annual session will highlight recent, significant appellate court decisions that will impact the California healthcare industry for years to come. Panelists will focus on decisions impacting hospitals, physicians, medical staffs and payers.
10:15 – 11:15 am | Professional Responsibility: The
Lawyer as Board Member
Dominique Snyder, Dominique Snyder Law; Robert Valencia, Robert Valencia, A Professional Law Corporation
Many lawyers serve as board members of non-profit organizations as a service to their community – sometimes without fully appreciating the distinction between lawyer as board member and lawyer as legal advisor. Non-profit leaders rarely understand that distinction and often assume the lawyer board member will provide pro bono legal advice on topics that arise during board meetings and in the operations of the organization. This presentation will review the applicable rules of ethics and provide practical advice on managing this situation.
11:15 am – Noon | Federal Administrative Enforcement
(OIG and CMS)
Felicia Heimer, Office of Inspector General, Department of Health and Human Services; Judith Waltz, Foley & Lardner LLP
This session will focus on the administrative enforcement authorities and activities of the HHS Office of Inspector General (OIG), including its administrative litigation team and increased use of Corporate Integrity Agreement (CIA) sanctions. We will also look at some CMP authorities (including the ones for retention of Medicare/Medicaid overpayments and for inaccurate enrollment applications) that pose risks for health care entities. In addition, we will discuss certain billing privileges revocations authorities that can be used by the Centers for Medicare & Medicaid Services (CMS) for enforcement purposes, including the newly finalized affiliation rules. We will also address some practical approaches and responses.
Noon – 1:00 pm | New Member Luncheon for Pre-registered
Members who joined CSHA after April 2019 are invited to attend, as are retired attorney members, committee members, current Board members and past presidents.
6:00 – 9:00 pm | CSHA 2020 Annual Dinner
This year’s Annual Dinner, to be held at the Resort at Squaw Creek will feature Nigel and Clive and the British Invasion. Be sure to join us and sing along to your favorite British Invasion hits. Fun for all ages is guaranteed!
8:00 – 8:30 am | Continental Breakfast
8:30 – 9:15 am | How the New California Medical Board
Physician Health and Wellness Program Will Impact
David Balfour, Nossaman LLP; Karen Miotto, MD, UCLA Health
In 2020, the Medical Board of California (MBC) is expected to roll out its new Physician Health and Wellness Program. To understand its likely impact, this discussion will start by providing a history of the MBC Diversion Program, the role hospital well-being committees have assumed since the Diversion program ended in 2008, and the MBC’s Uniform Standards for Substance-Abusing Licensees. The discussion will then turn to the various aspects of the new program as defined in the MBC’s regulations and commentary, and will explore the anticipated impact of the program on physicians and medical residents with substance use disorders, hospital well-being committees, and MBC investigations and prosecutions.
9:15 – 10:15 am | Behavioral Health and Minors: Ethical
and Legal Considerations at the Intersection of Privacy and
Caitlin Costello, MD, UCSF; Joseph Laska; Manatt, Phelps & Phillips, LLP; and Carri Maas, Kaiser Foundation Health Plan, Inc.
When it comes to treating behavioral health issues (mental health and substance use disorders), California law provides special protections for minors with respect to consent and privacy. This timely, lively panel will address the practical, legal, and ethical considerations in serving the unique needs of minors facing mental health and substance abuse challenges. Our speakers will discuss practical and clinical factors, litigation risks, and regulatory considerations.
10:30 – 11:30 am | The Insurance Frauds Prevention Act -
What Every Defendant Must Know to Survive Your Next Qui
Stephen Goff, King & Spalding LLP; Joel Richlin, Prime Healthcare Services
The California Insurance Frauds Prevention Act (IFPA) is a powerful whistleblower statute, providing a qui tam remedy for commercial insurance fraud unrelated to government programs. In recent years, the relators’ bar and the California Department of Insurance have focused on healthcare entities and are increasingly filing qui tam suits against physicians, hospitals, and pharmaceutical manufacturers. The penalties can be devastating. Our speakers will educate you about the basics of the law, unsettled legal questions, and how to manage and survive a qui tam alleging violations of IFPA.
11:30 am – 12:30 pm | Digital Health Advancing in
California: Legal and Regulatory Issues in
Dan Cody and Taylor Goodspeed, Jones Day
Digital health. Telemedicine. Mobile health. Virtual care. The health care industry today is leveraging technology in ways that aim to enable patients greater access to care, more efficient services, and better outcomes. The numerous legal and regulatory considerations applicable to telemedicine offerings in California include, among others, issues regarding establishing a physician-patient relationship, technology-specific requirements, and practice and prescribing standards. Increasingly, more familiar issues regarding reimbursement, privacy, and fraud and abuse concerns are becoming prevalent. The focus of this presentation is to provide a California overview of the legal and regulatory requirements when structuring telemedicine arrangements and developing a telehealth strategy, including a discussion of recent and likely future enforcement activity, including False Claims Act risks.
Breakfast Roundtable Topics
Saturday April 25, 2020 | 7:30 am – 8:45 am
Conscience Rights v. Civil Rights
David Johnson, Molina Healthcare, Inc.; Craig Rutenberg, Manatt Phelps & Phillips LLP
Involuntary Mental Health Treatment Laws
Matthew Soskins and Marc Wirtz, Dignity Health
Alicia Wagnon, California Medical Association
Panelists to be announced
12:30 pm | Adjournment and Distribution of MCLE Certificates
Presentations will be available online only
You will receive an email before the event with instructions on how to download the presentations to your laptop/tablet for viewing on-site or to print and bring with you. Be sure to download the materials in advance; WiFi access on-site may be limited.
Register by March 30 and Save
Registrations received after March 30, 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 hours of MCLE credit, including one hour of elimination of bias special units.
A $75 nonrefundable processing fee will be retained for each cancellation. All cancellations must be in writing and received in the CSHA office by April 5, 2020 and emailed to email@example.com. No refunds will be made after these dates. Substitutions are encouraged and may be arranged by contacting the CSHA offices.
Discount deadline is March 27
CSHA has reserved a limited number of rooms at the Resort at Squaw Creek, available on a first-come, first-served basis at a nightly rate of $239 (Fireplace Suite) or $259 (Deluxe Fireplace Suite), plus tax and $30 resort fee. The deadline for reserving rooms at this rate is March 27, 2020. After that date, reservations will be confirmed subject to general availability. Contact the hotel directly at (800) 404-5544 and ask for the California Society for Healthcare Attorneys (CSHA) group rate.
Due to previous challenges with room reservations, PLEASE MAKE YOUR RESERVATION ONLY WHEN CONFIDENT YOU CAN ATTEND.
Cancellations made just prior to the conference have resulted in many members being unable to obtain rooms at the discounted rate. If you reserve a room and later find you are unable to attend, please either transfer your reservation to a colleague who will attend or email to let us know as we will gladly work with you to ensure your reservation is transferred to another member.
CSHA is fortunate to receive generous sponsorship of the 2020 Annual Meeting & Spring Seminar from the following firms:
American Arbitration Association
Athene Law, LLP
Arent Fox LLP
Best Best & Krieger LLP
Boutin Jones Inc.
Buchalter, A Professional Corporation
Crowell & Moring LLP
DSR Health Law
Davis Wright Tremaine LLP
Dentons US LLP
Doll Amir & Eley LLP
Fenton Law Group, LLP
Foley & Lardner LLP
Hanson Bridgett LLP
Higgs Fletcher & Mack LLP
Hinshaw & Culbertson LLP
Hooper, Lundy & Bookman, PC
Horvitz & Levy LLP
Kennaday Leavitt PC
Kessenick Gamma & Free, LLP
King & Spalding LLP
Latham & Watkins LLP
Manatt, Phelps & Phillips, LLP
Mazars USA LLP
McDermott Will & Emery
Nelson Hardiman, LLP
Nixon Peabody LLP
Perkins Coie LLP
Prospect Medical Holdings, Inc.
Sheppard, Mullin, Richter & Hampton LLP
Theodora Oringher PC