2014 CSHA Annual Meeting & Spring Seminar
Resort at Squaw Creek - Olympic Valley
April 11 – 13, 2014
Resort at Squaw Creek, Olympic Valley
CSHA is pleased to announce its 2014 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 2014 Annual Meeting & 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, committee members and current Board members are encouraged to attend.
Please read this web page carefully for further information on our program. Whether a novice or veteran healthcare attorney, CSHA’s 2014 Annual Meeting & Spring Seminar is sure to be a worthwhile investment of your time. I look forward to greeting you there.
Raja Sekaran, CSHA President
Friday, April 11
8:00 a.m. – 8:45 a.m. | Registration and Continental Breakfast
8:45 a.m. – 9:00 a.m. | Welcome &
Raja Sekaran, President, California Society for Healthcare Attorneys
9:00 a.m. – 10:15 a.m. | The ACA
and the Transformation of the California Health Care
Jane Ogle, former Deputy Director of the Department of Health Care Services; Katrina Pagonis, Hooper, Lundy & Bookman, P.C.; and Julie Simer, Buchalter Nemer
Millions of previously uninsured Californians started receiving health care coverage from the California health insurance exchange or the expanded Medi-Cal program in 2014. In addition, many Californians have been moved into a new private plan or into Medi-Cal managed care. California has been at the forefront of implementing the provisions of the ACA, from the exchange (Covered California), Medi-Cal’s Coordinated Care Initiative (CCI) (including the Duals Demonstration/Cal MediConnect), and efforts with respect to Medicaid expansion, including presumptive eligibility. Our speakers will provide detailed, up-to-the minute information as well as predictions for the future of California’s health care industry.
10:30 a.m. – 11:30 a.m. | Don’t Sign
That Yet! – Avoiding Typical Traps and Potential Litigation in
Health Care Contracting
Andrew Hefty, Crowell & Moring LLP (moderator); Laura Jackson, Aetna; and Devin Senelick, Hooper, Lundy & Bookman, P.C.
This panel of experts — who typically are on opposite sides of negotiations and related disputes — will focus on health care contracting issues, sharing their experiences and providing examples from contract negotiations and litigation. The panel will address topics such as consents, integration clauses, non-waiver, no oral modification, the use of payment rates tied to Medicare, dispute resolution provisions and arbitration, contingencies relating to the sale of contracting entities, limitations of liability, indemnification, confidentiality, and more.
11:30 a.m. – 12:15 p.m. | In the Event
of a Breach …
Marty Knutson, Law Practice of Martha Ann Knutson
Healthcare organizations, health plans and their “business associates” all face heightened reporting obligations under the California and federal rules regarding breaches of protected health information. The overlapping requirements are detailed and the time frame for compliance is short. This presentation will focus on both the legal and practical aspects of whether and how to report particular situations and what happens next. Learn from an experienced practitioner what questions to ask and how to guide your clients through their responsibilities.
12:15 p.m. – 1:30 p.m. | Lunch (hosted)
1:30 p.m. – 3:00 p.m. | Fraud and Abuse
Michael A. Dowell, Hinshaw & Culbertson (moderator); Curtis H. Bernstein, Altegra Health; Katherine A. Lauer, Latham & Watkins LLP; Kevin G. McAnaney, Law Offices of Kevin G. McAnaney; and Kurt C. Peterson, Reed Smith
This interactive panel will discuss recent trends in hospital-physician transaction enforcement action judgments and settlements related to the anti-kickback statute, Stark self-referral prohibition, and False Claims Act. Attendees will learn about key valuation considerations and valuation report content requirements, as well as how to determine fair market value and commercial reasonableness. The panelists will describe the roles and responsibilities of hospital administrators, legal counsel and valuators in hospital-physician transactions. Defense counsel will discuss strategies to resolve compliance and enforcement matters with government regulators. Lastly, the panelists will outline hospital-physician transaction compliance program best practices and explain how to conduct compliance audits.
3:15 p.m. – 4:00 p.m. | Mental Health Coverage in 2014:
Federal and State Mental Health Mandates after the
David Johnson, Crowell & Moring LLP
Private and public coverage of mental health conditions is being transformed by successive waves of federal and state parity and mandate statutes. Some of the greatest changes are being made by the federal Mental Health Parity and Addiction Equity Act (MHPAEA), with final rules taking effect in July 2014. Must plans increase coverage? What changes are in store regarding medical management practices and provider contracting and reimbursement?
This session will describe the new rules and provide guidance for compliance. It will explain the interaction between the MHPAEA and other state and federal mental health mandate rules. Finally, this session will explore how the new MHPAEA rules impact the current and future litigation environments.
4:00 p.m. – 5:15 p.m. | Mediation Best Practices for
Viggo Boserup, JAMS; Frank Fedor, Murphy Austin Adams Schoenfeld LLP; and Martin Quinn, JAMS
Mediation has become the predominant forum for resolving health care reimbursement disputes. This panel discussion will include both mediators and advocates in order to provide different perspectives on concrete “best practices” to make these mediations successful for all parties. Specific discussion points will include preparing for mediation and categorizing the claims in dispute; negotiation approaches, including sampling techniques; navigating through impasse; and effecting changes to claim processing and approval procedures.
5:15 p.m. – 5:30 p.m. | CSHA Business
Raja Sekaran, President, California Society for Healthcare Attorneys
5:30 p.m. – 7:00 p.m. | Welcome Reception (hosted)
Saturday, April 12
7:45 a.m. – 8:45 a.m. | Breakfast
9:00 a.m. – 10:15 a.m. | Health Litigation
Joseph Laska, Manatt, Phelps & Phillips LLP; Abbie P. Maliniak, Davis Wright Tremaine LLP; and Erin Muellenberg, Arent Fox LLP
This popular annual session will highlight some of the recent significant court decisions that will affect the California health care industry for years to come. This year’s panel has been expanded to focus on litigation that impacts payers as well as hospitals, physicians, and medical staffs.
10:15 a.m. – 11:00 a.m. | ACA Implementation from the
Joel Ario, Manatt Health Solutions
This session will explore the national dynamics of the Affordable Care Act (ACA) and how they affect California. Regulations, delays, cancellations — and un-cancellations! — get the latest news from the former director of the HHS Office of Exchanges on what is progressing with the ACA, what stumbling blocks remain, and how the ACA is likely to change the marketplace in the years ahead.
11:15 a.m. – 12:15 p.m. | Detection, Treatment and
Current Systemic Challenges in the Management of
John G. Rosenberg, M.D., M.P.H., Berkeley Therapy Institute
This session will examine the substance abuse and mental illness difficulties often encountered by legal and medical professionals, including the behavioral, health and work-related consequences of addiction. The presentation will address the warning signs of addiction, treatment interventions and options for monitoring to maximize ongoing stability after treatment.
12:15 p.m. – 1:00 p.m. | Credentialing and Peer Review
for Accountable Care Organizations
Jennifer Hansen, Hooper, Lundy & Bookman, P.C.
As ACOs continue to develop, many challenges remain regarding how credentialing and peer review are handled to successfully implement ACOs’ cost reduction and quality improvement goals. This presentation will examine some of the questions facing ACOs, including whether an ACO is eligible for Evidence Code 1157 confidentiality or Civil Code 47 immunity protections; whether hearing procedures should be the same for ACOs and medical staffs, or streamlined; the risks if different credentialing/privileging/peer review standards are developed for ACOs versus medical staffs; how an ACO can best implement ACO quality metrics, value-based purchasing and similar quality standards as part of its credentialing/peer review procedures, and how information sharing can be structured to maintain confidentiality protections.
1:00 p.m. – 2:00 p.m. | New Member Luncheon for
Members who joined CSHA after April 2013 are invited to attend, as are CSHA committee and current Board members. Please RSVP with your registration, or contact the CSHA office no later than March 28, 2014.
6:00 p.m. – 9:00 p.m. | CSHA 2014 Annual Dinner
This year’s Annual Dinner, to be held at the Resort at Squaw Creek, features California cuisine, local wines and live entertainment. Be sure to join us for this ever-popular event!
Sunday, April 13
7:30 a.m. – 8:30 a.m. | Registration and Continental Breakfast
8:30 a.m. – 9:30 a.m. | How Will You Vote?
Gail Blanchard-Saiger, California Hospital Association; William Helvestine, Crowell & Moring LLP; Alicia Wagnon, California Medical Association
Five initiatives on the November 2014 ballot may dramatically change the healthcare industry in California. Voters will decide whether to impose caps on hospital executive compensation and hospital billings, as well as whether to allow an elected official — the California Insurance Commissioner — to regulate health plan and health insurance premiums. In addition, voters may impose drug and alcohol testing on physicians, mandatory reporting of standard of care violations by colleagues, mandatory checking of the CURES database before prescribing or dispensing controlled substances, a quadrupling of the cap on pain and suffering damages in medical malpractice cases and a presumption of negligence against physicians. Finally, voters will decide whether to limit the legislature’s ability to redirect federal health care dollars away from health care. This presentation will give you the back story on each initiative, and help you advise your clients regarding their business decisions as well as inform your friends about these hot topics.
9:30 a.m. – 10:30 a.m. | Pandemic or Panacea? The
Financial Impact of the ACA on the Modern Health Care
Craig Garner, Craig Boyd Garner, A PLC and Sam Maizel, Pachulski Stang Ziehl & Jones LLP
Four years into its evolution, the political debates surrounding the Affordable Care Act continue to engage the nation. From its inception, the impact of the ACA on the changes in health care for individuals has held center stage. However, what will be the fiscal ramifications for the health care industry as a whole? With a revamped emphasis on efficiency and quality of service on the part of providers, transparency for payers and the notion of patient responsibility, how will the industry fare as it transitions from its cost-based legacy toward a performance-based model? Like it or not, America’s new health care structure is here to stay, and so we must be mindful of the collateral damages faced by the industry as the ACA works through its growing pains, while paying special attention to the burdens placed on smaller systems, hospitals and providers who find themselves ill-prepared to weather such storms. This panel will discuss the impact of the ACA on the financial wellbeing of California’s hospitals and physicians.
10:45 a.m. – 11:45 a.m. | Quasi-Judicial Authority: What
Hearing Officers Do, Don’t Do (as Well as They Should) and
Arthur Chenen, Theodora Oringher, PC (moderator); Lowell Brown, Arent Fox LLP; Carlo Coppo, DiCaro, Coppo & Popcke; John Harwell, Law Offices of John D. Harwell
This panel will review the authority and limitations of hearing officers in peer review proceedings. The panelists will examine exemplary bylaws, decisions in important cases — including Mileikowski and Sadeghi — and suggestions for reducing the length and expense of judicial review proceedings. Most importantly, panelists will share war stories and practical advice for counsel presenting in such hearings.
11:45 a.m. | Adjournment and Distribution of MCLE Certificates
Register by March 14 and Save
Registrations received after March 14, 2014, 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 14.25 hours of MCLE credit.
All cancellations must be in writing and received in the CSHA office by March 21, 2014. Seminar registration fees, minus a $75 processing fee, will be refunded for cancellations received by the March 21 deadline. Substitutions may be arranged by contacting the CSHA offices.
Discount deadline is March 20, 2014
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 $189 (Deluxe Guestroom), $219 (Fireplace Suite) or $239 (Deluxe Fireplace Suite), plus tax and $18 resort fee. The deadline for reserving rooms at this rate is March 20, 2014. After that date, reservations will be confirmed subject to general availability. Contact the hotel directly at (800) 403-4434 and ask for the California Society for Healthcare Attorneys (CSHA) group rate or reserve your room online.
CSHA is fortunate to receive generous sponsorship of the 2014 Annual Meeting & Spring Seminar from the following firms:
Arent Fox LLP
Best Best & Krieger LLP
Carr, McClellan, Ingersoll, Thompson & Horn
Crowell & Moring LLP
Davis Wright Tremaine LLP
DiCaro, Coppo & Popcke
Doll Amir Eley LLP
Duckor Spradling Metzger & Wynne, A Law Corporation
Fenton Law Group
Foley & Lardner LLP
Hanson Bridgett LLP
Hinshaw & Culbertson LLP
Hooper, Lundy & Bookman, P.C.
Horvitz & Levy LLP
Locke Lord LLP
Manatt, Phelps, & Phillips, LLP
Michelman & Robinson LLP
Murphy Austin Adams Schoenfeld LLP
Pachulski Stang Ziehl & Jones LLP
Paul Hastings LLP
Theodora Oringher PC