2016 CSHA Annual Meeting & Spring Seminar
Monterey Plaza Hotel & Spa
April 8–10, 2016
Monterey Plaza Hotel & Spa
CSHA is pleased to announce its 2016 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 2016 Annual Meeting & Spring Seminar at the beautiful Monterey Plaza Hotel & Spa. Weekend sessions are scheduled in the mornings, leaving time for you and your family to enjoy the Monterey Bay, the world-renowned aquarium, Carmel and other local attractions.
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 or former Board members are encouraged to attend.
Please read this brochure carefully for further information on our program. Whether a novice or veteran healthcare attorney, CSHA’s 2016 Annual Meeting & Spring Seminar is sure to be a worthwhile investment of your time. I look forward to greeting you there.
Stephen K. Phillips, CSHA President
Friday, April 8
7:30 a.m. – 8:15 a.m. | Registration & Continental Breakfast
8:15 a.m. – 8:30 a.m. | Welcome &
Stephen K. Phillips, President, California Society for Healthcare Attorneys
8:30 a.m. – 9:30 a.m. | From Revolution
to Evolution: The Next Chapter of Health Reform
Katrina A. Pagonis and Felicia Sze, Hooper, Lundy & Bookman, P.C.
The ACA catalyzed significant changes to the healthcare reimbursement climate for healthcare providers in California. This panel will focus on the health care delivery system changes begun by the ACA, including an update on Covered California, the Medi-Cal expansion and reimbursement reform, site neutrality, and Medicare reform. This panel will also provide concrete recommendations for providers to prepare for the continuing evolution of health care reform.
9:30 a.m. – 10:30 a.m. | The New World
of Anti-Discrimination Law for Health Providers and
Marisa Adelson and David Johnson, Crowell & Moring LLP
Health reform has imposed successive waves of anti-discrimination rules on health providers and plans. Affordable Care Act Section 1557 applies pre-existing civil rights laws to health providers and plans that receive federal financial assistance. Under its proposed rule, HHS is expanding this authority to cover operations that don’t participate in federal programs and impose costly IT and translation accessibility requirements. The Mental Health Parity and Addiction Equity Act (MHPAEA) requires parity in treatment limitations between mental and physical health coverage. Regulators have also given MHPAEA far more sweeping scope. This session will explore how regulators and courts are interpreting and enforcing these new anti-discrimination rules and offer strategies to help providers and plans cope.
10:45 – 11:30 am | Implementation of the ACA From a
National Perspective: What’s Happened, and What’s to
Lanhee J. Chen, Arent Fox LLP
This session will provide a national overview of the implementation of the Affordable Care Act, and a look-ahead to how the coming elections might impact the law in future years. The goals of the ACA were to expand affordable coverage to more Americans, migrate payments in health care away from volume toward value, and reduce the growth in health costs. Have these goals been achieved and what have been the impacts of reform on the health care system and economy more broadly? How might these goals be impacted by the electoral context? And what policy changes should we expect to see in 2017 and beyond?
11:30 am – 12:15 pm | Issues in Negotiating Healthcare
Michael Ellis, Blue Shield of California; Melody Harris, Qualcomm Life, Inc.; and Stephen K. Phillips, Hooper, Lundy & Bookman, P.C.
This panel will discuss common issues that arise in the negotiation of
healthcare technology agreements between technology vendors and their health care customers. The core of the discussion will address common points of contention stemming from different perspectives on what is fair and reasonable with respect to risk sharing and remedy provisions, as well as different operational and compliance needs. In addition, the participants will address legal issues in new healthcare technologies and best practices in organizing and conducting healthcare technology negotiations.
12:15 – 1:30 pm | Lunch (hosted)
1:30 – 2:45 pm | Compliance Update 2016: Issues You Need
to Prepare for NOW
Zuzana Ikels, Polsinelli LLP and Judith A. Waltz, Foley & Lardner LLP
Government agencies and private whistleblowers have become more aggressive in interpreting, pursuing actions under, and enforcing the federal and state false claims acts. This presentation will highlight some of the biggest recent developments and their actual and potential impact. The topics to be covered include CMS rules regarding the FCA amendments and the obligations of providers to report and refund overpayments; recent revisions to the Stark regulations; new strategies by private relators, both in federal and California state court, including qui tam actions against individual defendants; and a new focus for OIG, DOJ, and CMS: drug diversion and related drug enforcement actions.
3:00 – 3:45 pm | Human Resources Overview
Spencer Hamer, Michelman & Robinson, LLP
Employment-related lawsuits are on the rise nationwide, and health care industry employers must comply with an ever-increasing variety of state and federal employment laws. This session will provide an overview of the risks health care industry employers face, key employment policies to implement, how to manage an investigation, and advice about how to recognize and respond to risky situations.
3:45 – 4:30 pm | Antitrust Update
David Garcia, Sheppard, Mullin, Richter & Hampton LLP; Martin Thompson, Manatt, Phelps & Phillips, LLP; and John Wiegand, Federal Trade Commission
The ACA has led to consolidation among hospitals, physician groups and other companies … not to mention that the nation’s top five health insurance companies are now jockeying through merger proposals that could leave just three large national health insurers. The big question is, what do these consolidations mean for consumers and the rest of the healthcare industry – and how do you advise your clients? We’ll hear from a healthcare antitrust attorney from the Federal Trade Commission, and an attorney who focuses on antitrust litigation and counseling on provider side healthcare joint ventures, mergers and acquisitions and competitor collaborations.
4:30 – 5:15 pm | The Increasing Importance of Physician
Tom Curtis, Nossaman LLP and Michel A. Sucher, Greenberg & Sucher, PC
The physician population is aging and is experiencing increasing rates of stress, burnout and substance abuse. At this time of physician shortages, physician wellness is vitally important. This presentation will address the responsibility of the medical staff to provide a non-disciplinary, rehabilitative approach to issues of physician wellness and suggest strategies to fulfill that responsibility
5:15 – 5:30 pm | CSHA Annual Member Meeting
Stephen K. Phillips, President, California Society for Healthcare Attorneys
5:30 – 7:00 pm | Welcome Reception (hosted)
Saturday, April 9
7:30 a.m. – 8:45 a.m. | Breakfast Roundtables
Life and the Law After Fahlen
Barry Landsberg, Manatt, Phelps & Phillips, LLP and Long Do, California Medical Association
Executive and Physician Deferred Compensation Programs for Tax-Exempt and Governmental Health Systems
Samuel Hoffman, Foley & Lardner LLP
Insurance for Cyber Threats to the Healthcare Industry: Do You Have What You Need? (and what to do if you don’t!)
Carl Blumenstein, Nossaman LLP and Jacquelyn Garman, California Hospital Association
9:00 – 10:00 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 – 10:45 am | Who’s in Charge of Peer Review?
Medical Staff Self-Governance vs. Hospital Board Corporate
Carlo Coppo, DiCaro, Coppo & Popcke; John Harwell, Attorney at Law; and Terri Keville, Davis Wright Tremaine, LLP
Hospital boards and medical staffs are interdependent—but controversy persists over who has what authority when the two groups disagree about peer review matters. The presenters in this session will review relevant legal authorities and discuss differing perspectives on practical issues such as who can conduct peer review; who has legitimate access to peer review records; whether/when a physician can be terminated (or not reappointed) by administrative/board action or inaction; whether administrative members of medical staff committees can vote; and whether a medical executive committee can hold executive sessions from which ex officio non-physician members such as the hospital CEO are excluded.
11:00 – 11:45 am | Collaborative Peer Review: What It Is
and How It Can Improve Peer Review and Patient Care
Richard Barton, Procopio, Cory, Hargreaves & Savitch LLP, and Arthur R. Chenen, Theodora Oringher PC
Many insiders believe the hospital peer review system is broken.The Business and Professions Code mandates that peer review “be done efficiently, on an ongoing basis, and with an emphasis on early detection of potential quality problems and resolutions through informal educational interventions.” However, the process is now far too adversarial. This presentation will focus on practical and concrete steps that can be taken to help steer the process in a direction that is more collaborative, cost-effective and fair.
Noon – 1:00 p.m. | New Member Luncheon for Pre-registered
Members who joined CSHA after April 2015 are invited to attend, as are current CSHA committee and Board members.
6:00 – 9:00 pm | CSHA 2016 Annual Dinner
This year’s Annual Dinner, to be held at the Monterey Plaza Hotel & Spa, features California cuisine, local wines and specialentertainment. Be sure to join us for this ever-popular event!
Sunday, April 10
7:30 a.m. – 8:30 a.m. | Registration & Continental Breakfast
8:30 – 9:15 am | Understanding HIPAA, HITECH and
E-Discovery Obligations in the Context of ADR: What Every Health
Lawyer Needs to Know
Barbara A. Reeves, JAMS
Health care lawyers often handle massive volumes of electronic protected health information in the course of litigation, arbitration, mediation and counseling. When handling this PHI, it is essential to have a complete understanding of the confidentiality obligations imposed by HIPAA and HITECH and the significant legal liability for non-compliance. In addition, careful consideration must be given to your clients’ e-discovery obligations. This session will provide an overview of the rules and the most important steps attorneys can take to ensure compliance.
9:15 – 10:00 am | Cal/OSHA’s Impending Regulations on
Healthcare Workplace Violence Prevention
Gail Blanchard-Saiger, California Hospital Association
Cal/OSHA is developing comprehensive healthcare workplace violence prevention regulations that will apply to all providers, including hospitals, physician offices, skilled nursing facilities, retail pharmacies, firefighters and paramedics, home health, mobile clinics and others. Our speaker will explain the details of the proposed regulations and review steps that providers should take now to prepare for compliance by the Oct 1 deadline, including developing a written plan and training employees.
10:15 – 11:15 am | Legal Ethics for the Healthcare
Christopher Bakes and Brandie Gasper, Locke Lord LLP
This session will outline the most pressing and prevalent issues in legal ethics and professional liability that are likely to be encountered by healthcare attorneys, focusing on the California Rules of Professional Conduct and the ABA Model Rules of Professional Conduct as well as recent and pending decisions and ethics opinions. This presentation provides the hard-to-get ethics credit while focusing on ethical issues that you may find yourself grappling with in your healthcare law practice.
11:15 a.m. – Noon | Navigating the Hornet’s Nest of
Amir Shlesinger, Reed Smith LLP, and Andrew H. Selesnick, Michelman & Robinson, LLP
Attorneys representing provider and payer perspectives will address the reimbursement conundrum in the face of payment pressures and increased regulatory and payer scrutiny. Attendees will learn about the different methodologies for determining Usual & Customary Reimbursement (UCR), what providers and payers can do to defuse and avoid reimbursement disputes, resolving issues pre-litigation, and if necessary, what to expect in litigation. In addition, the panelists will discuss reimbursement audits, compliance programs, and valuable contracting tips.
Noon | Adjournment and Distribution of MCLE Certificates
Register by March 11 and Save
Registrations received after March 11, 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 hours of MCLE credit, including one hour of legal ethics special units.
All cancellations must be in writing and received in the CSHA office by March 18, 2016. Seminar registration fees, minus a $75 processing fee, will be refunded for cancellations received by the March 18 deadline. Substitutions may be arranged by contacting the CSHA offices.
Discount deadline is March 21
CSHA has reserved a limited number of rooms at the Monterey Plaza Hotel & Spa, available on a first-come, first-served basis at a nightly rate of $224 (inland view), $264 (partial-ocean view), $324 (ocean view), or $394 (ocean view/balcony), plus resort fee of $27 and tax. The deadline for reserving rooms at this rate is March 21, 2016. After that date, reservations will be confirmed subject to general availability. Contact the hotel directly at (800) 334-3999 and ask for the California Society for Healthcare Attorneys (CSHA) group rate.
CSHA is fortunate to receive generous sponsorship of the 2016 Annual Meeting & Spring Seminar from the following firms:
Alvarez & Marsal Healthcare Industry Group
Arent Fox LLP
Best Best & Krieger LLP
Crowell & Moring
Davis Wright Tremaine LLP
Dentons US LLP
DiCaro, Coppo & Popcke
Doll Amir & Eley LLP
Epstein Becker & Green
Fenton Law Group, LLP
Foley & Lardner LLP
Garner Health Law Corporation
Hanson Bridgett LLP
Hinshaw & Culbertson LLP
Hooper, Lundy & Bookman, PC
Horvitz & Levy LLP
Kennaday, Leavitt & Daponde PC
Kessenick Gamma & Free, LLP
King & Spalding
Latham & Watkins LLP
Locke Lord LLP
Manatt, Phelps & Phillips
Michelman & Robinson, LLP
Outwater & Pinckes, LLP
Procopio, Cory, Hargreaves & Savitch LLP
Ropes & Gray
Schiff and Bernstein, APC
Theodora Oringher PC
Download 2016 CSHA Annual Meeting
& Spring Seminar materials.
PLEASE NOTE: Seminar attendees must log in to the CSHA web site to access these resources.