Event

2023 CSHA Annual Meeting & Spring Seminar
Renaissance Esmeralda Resort & Spa, Indian Wells

February 24, 2023

May 5–7, 2023
Renaissance Esmeralda Resort & Spa, Indian Wells

CSHA is pleased to announce its 2023 Annual Meeting & Spring Seminar. Plan to join us for this in-depth overview of changes to California health law.

Overview

I look forward to seeing you soon at the CSHA 2023 Annual Meeting & Spring Seminar, May 5-7, at the gorgeous Renaissance Esmeralda Resort & Spa in Indian Wells. You will have three days of opportunities to connect with other CA health lawyers, attend 12 hours of participatory CLE, and free time for you and those with you to enjoy features of the Coachella Valley such as –

Two National Parks (Joshua Tree and San Jacinto Mountain)
Palm Canyon Drive, which includes the Palm Springs Aerial Tramway, Art Museum, classic “mid century” architecture and a “walk” of more than 250 stars amid the shops and restaurants
Historic and scenic desert canyons to explore via hiking trails, by horseback or in off road vehicles
Shields Date Garden – home of the Date Shake (Indio)
The Living Desert Zoo and Gardens (Palm Desert)
Sunnylands Center and Gardens (Rancho Mirage)
Cabot’s Pueblo Museum and many natural Hot Springs (Desert Hot Springs)
The 9-block El Paseo shopping district (Palm Desert)
Golf – on courses designed by Nicholas, Norman, Palmer, Player, Dye, and others, there is a challenge for just about any game.

On Friday afternoon we will hold a brief business meeting to bring you current information about our Society’s operations, finances, and initiatives. Then our Friday evening Welcome Reception and Saturday evening Annual Dinner will provide opportunities to catch up with long time health law colleagues and meet new ones. Also, our new member luncheon on Saturday afternoon welcomes attorneys new to CSHA, committee members, current Board members, and past presidents.

CSHA’s 2023 Spring Seminar is sure to be an event to remember. See you soon in beautiful Indian Wells!

Marty Knutson, CSHA President

Friday – 5/5

7:45 – 8:45 a.m. | Registration & Continental Breakfast

8:45 – 9:00 a.m. | Welcome & Introductions
Marty Knutson, President, California Society for Healthcare Attorneys

9:00 – 9:45 a.m. | Common Pitfalls with Physician Recruitment
Gayland Hethcoat II, ArentFox Schiff; Arnold Pamplona, CommonSpirit Health/Dignity Health

Physician recruitment agreements (PRAs) are an important strategic tool that hospitals and health systems use to cultivate long-lasting medical practices in targeted need areas. A PRA may present a promising opportunity to develop a medical practice in a new community with the support of an established hospital partner or medical group. However, PRAs do not always work out as intended. In this presentation, our speakers will identify three common pitfalls for PRAs and offer suggestions for minimizing the associated litigation, regulatory, and reputational risks. A brief overview of physician recruitment models that hospitals commonly use in California and an overview of the Stark Law recruitment exception will also be included.

10:00 – 11:00 a.m. | Fostering a Just Culture to Promote Patient Safety: Legal and Regulatory Challenges
Margia Corner and Valerie Shelton, University of California, Office of the President

This presentation will explore the challenges of balancing the competing public policy interests established by the various California laws encountered by those working to foster a just culture and promote patient safety. For example, California’s statute keeping peer review information confidential potentially conflicts with state laws that protect whistleblowers or require healthcare professionals to notify government entities of suspected unsafe patient care conditions. The presenters will also address specific challenges related to resident physicians, such as competing education policy objectives of the ACGME and proposed changes to the Medical Board’s license application.

11:00 – 11:45 a.m. | What Every Healthcare Attorney Needs to Know About Employment Law – A Primer
Lil Delcampo and Erika Iler, Carlson & Jayakumar LLP

Whether you represent physicians, health care facilities, payers, or other clients, employment law is a concern for your clients. Our speakers will explain fundamental employment law concepts such as employee handbooks, anti-discrimination and protected class laws as well as employment topics unique to health care and new employment-related laws that took effect in 2023.

11:45 a.m. – 1:15 p.m. | Lunch (hosted)

1:15 – 2:00 p.m. | Defending Healthcare Entities Against Class Actions Based on the Use of Website Cookies and Pixels
Michael Abraham and Stephen Steinberg, Bartko Zankel Bunzel & Miller, APC

More than 50 class action lawsuits have been filed recently against healthcare systems based on their alleged use of cookies and pixels on their websites. Cookies and pixels can be useful tools for providing information about utilization of healthcare resources, evaluating users’ experience with the website, providing website security, and determining the effectiveness of marketing efforts. However, they can also be a source of potential litigation and risk. Our speakers will discuss recent developments in the courts, recent OCR guidance, proactive measures to avoid litigation, and effective strategies to defend against causes of action alleging violation of wiretap laws, privacy-related statutes, common law, and constitutional privacy rights.

2:00 – 3:00 p.m. | Chief Diversity Officers and Partners
Komal Chokshi, San Francisco City Attorney’s Office; Eileen Ridley, Foley & Lardner LLP; Yusuf Zakir, Davis Wright Tremaine LLP

Diversity, equity, and inclusion (DEI) in the workplace continues to be a critical objective for law firms and legal departments alike, as diversity allows for a broader range of perspectives to ultimately achieve the best solutions. Our speakers will share with CSHA their experiences and best practices as the Chief Diversity Partners/Officers in their respective organizations working toward attaining this important goal. They will offer tools and tips for implementing DEI practices in their different organizational models. This presentation qualifies for one credit hour in the Recognition and Elimination of Bias in the Legal Profession and Society.

3:15 – 4:15 p.m. | Hot Topics in Managed Care Reimbursement
Damaris Medina, Buchalter APC; Joel Richlin, Prime Healthcare Services

According to the 2021 census, two-thirds of all Americans with health insurance were enrolled in managed care. Managed care reimbursement, then, is of enormous significance to the entire healthcare system, as it determines who has access to needed healthcare services and whether providers can afford to continue providing that care. This presentation will analyze emerging and disputed issues in managed care reimbursement, including the practical impacts of these issues.

The discussion will include recent cases addressing the following topics:

non-contracted provider payment disputes with Medicare Advantage Organizations;
potential governmental immunity for county-organized health plans offering coverage under the Exchange;
non-contracted provider payment disputes with Medi-Cal Managed Care Organizations; and
non-contracted provider payment disputes with Knox-Keene plans.

Finally, the speakers will discuss a new process developed by the Department of Managed Health Care, the Department of Health Care Services, and the California Hospital Association to report reimbursement concerns to the appropriate government oversight agency.

4:15 – 5:00 p.m. | Update: Implementation of the No Surprises Act and the Independent Dispute Resolution Process
Amanda Hayes-Kibreab, King & Spalding LLP

The rollout of the federal No Surprises Act has been bumpy – to say the least – with more than a few surprises. This session will provide a comprehensive update on the implementation of the No Surprises Act, including the Independent Dispute Resolution (IDR) process and the Good Faith Estimate (GFE) requirements. The speaker will also analyze developments in recent and ongoing litigation challenging various aspects of the IDR process as well as the status of existing and expected regulations addressing the IDR process and GFE requirement. Finally, the session will explore what practical steps providers are taking to implement the GFE requirements as well as solutions for engaging in the IDR process efficiently and effectively.

5:00 – 5:15 p.m. | CSHA Annual Member Meeting
Marty Knutson, President, California Society for Healthcare Attorneys

5:15 – 7:00 p.m. | Welcome Reception (hosted)

Saturday – 5/6

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 a.m. | Involuntary Psychiatric Holds and Due Process Rights: What’s New in 2023
Linda Garrett, Garrett Law LLP; Alicia Macklin, Hooper Lundy & Bookman, PC; Mike Phillips, Jewish Family Service of San Diego

Governor Newsom signed legislation last year that amends the Lanterman-Petris-Short Act (LPS) and will impact hospitals, facilities and providers that assist individuals on involuntary “5150 holds” prior to their transfer to “designated LPS facilities.” AB 2275, effective January 1, 2023, addresses delays associated with medical clearance and patient transfers in several ways: it clarifies the “start time” for the 72-hour detention period, requires facilities to notify the Patient’s Rights Advocate if a patient who has not yet been admitted into an LPS designated 72 hour care facility remains detained longer than 72 hours, and gives patients detained longer than 72 hours the right to a certification review hearing within 7 days. Our panelists will describe best practices for implementing these new requirements, noting also the tension between EMTALA obligations and California’s involuntary hold statutes.

11:15 a.m. – 12:15 p.m. | California’s Skilled Nursing Sector: Crisis, Reaction & Opportunity
Mark Reagan, Hooper Lundy & Bookman, PC

The COVID-19 pandemic created dramatic challenges for California’s skilled nursing sector – and these challenges have been exacerbated by a series of legislative and regulatory actions seeking to ensure greater oversight, compliance, and transparency. This patchwork of governmental actions will change how post-acute and long-term care services are delivered and financed in California. This session will explore these changes, their impact on California health care and Californians, and the chances for success — or at least survival — of skilled nursing providers.

12:15 – 1:15 p.m. | New Member Luncheon
Members who joined CSHA after April 2022 are invited to attend, as are retired attorney members, committee members, current Board members and past CSHA presidents. Please note that advance registration is required.

6:00 – 8:30 p.m. | CSHA 2023 Annual Dinner (hosted)
Join us for casino night — an evening of casino games, food, fun, and excitement! Fun for all is guaranteed! Spouses and adult guests are welcome to attend the dinner for an additional fee.

Sunday – 5/7

8:00 – 8:30 a.m. | Continental Breakfast

8:30 – 9:30 a.m. | Navigating the 340B Universe: Critical Developments and Practice Points
Emily Jane Cook, McDermott Will & Emery; Natalia Mazina, Mazina Law

This presentation will provide an update on the federal 340B program, which allows safety net providers to purchase outpatient drugs at a deeply discounted price. Our speakers will focus on the following issues:

The anatomy of 340B pharmacy contracts;
Updates on drug manufacturers’ restricting policies and attempts to limit 340B drug access at contract pharmacies;
Overview of key legal actions seeking to enforce covered entities’ right to 340B prices for drugs dispensed at contract pharmacies;
Discussion of state and federal legislation aimed at curbing manufacturers’ restricting policies;
The future of the 340B program; and
Practice points for covered entities to overcome or minimize issues with drug manufacturers.

9:30 – 10:30 a.m. | Identifying Red Flags for California Public Agencies
Adriana Ochoa, Procopio, Cory, Hargreaves & Savitch LLP

This presentation will cover special legal issues for public agency clients, including how to properly hold virtual meetings under the Brown Act in a post-Covid landscape and other new public meeting requirements; which records are public records and how to avoid disclosure of exempt records; how to create new opportunities through Joint Powers Authorities; and how public officials can comply with conflict of interest rules.

10:45 – 11:45 a.m. | Ethical Considerations Involved in the In-House/Outside Counsel Relationship
Jonathan Herman, Herman Law Firm; Chris Mardesich, Molina Healthcare, Inc

Join us for a practical and candid discussion of the top do’s and don’ts between in-house and outside counsel, with ethical considerations faced by each in representing their respective clients. Particular attention will be given to the role of an attorney serving as a compliance officer, ethical issues that can arise for the attorney serving as a compliance officer, ethical issues inherent in an attorney representing an organization, and ethical constraints to alternative fee arrangements. This presentation will incorporate references to the CA Rules of Professional Responsibility applicable to each of these topics and qualifies for one credit hour of Ethics.

11:45 a.m. | Adjournment and Distribution of MCLE Certificates

Tuition/MCLE

Register by April 11 and Save!

Members $645

Non-members $925

Registrations received after April 11, add $55

Note: CSHA grants a discount to eligible government attorneys, new attorneys, and law students. Please call the CSHA office for additional information.

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 12 hours of MCLE credit, including one hour of legal ethics special units.

Cancellation Policy

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 14 and emailed to i nfo@csha.info. No refunds will be made after this date. Substitutions are encouraged and may be arranged by contacting the CSHA offices.

Hotel Information

The Palm Springs area has a variety of experiences to explore – from a national park (Joshua Tree) and an aerial tramway up to coolness, hiking, and views in the San Jacinto Mountains to classic mid-century art and architecture available on exhibit and tours. Or grab some sunscreen, rent a bike or a dune buggy, and head out to explore. Indian Wells lies between the cities of Palm Desert and La Quinta—just a 20-minute drive from the Palm Springs International Airport.

CSHA has reserved a limited number of rooms at the Renaissance Esmeralda Resort & Spa starting at a nightly rate of $294, plus resort fee and tax. Contracted discounted rates will be available up to three days before and after our conference dates – so you can relax and explore the Palm Springs area.

To make your reservation, call the hotel at (800) 446-9875 and ask for the California Society for Healthcare Attorneys (CSHA 2023 spring seminar) group rate or book online through the Renaissance Esmeralda Resort & Spa website (Please do not use the regular Renaissance Esmeralda Resort website or other hotel booking sites to make your reservation; the only way to access the special CSHA reduced rate is through our group’s unique reservation link above.) The deadline for obtaining the discounted rate is April 7, 2023 – but book early because our “block” usually sells out.

2023 CSHA Annual Meeting & Spring Seminar Renaissance Esmeralda Resort & Spa, Indian Wells

May 5–7, 2023 Renaissance Esmeralda Resort & Spa, Indian Wells