2018 CSHA Annual Meeting & Spring Seminar
Silverado Resort and Spa
April 13–15, 2018
Silverado Resort and Spa
CSHA is pleased to announce its 2018 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 2018 Annual Meeting & Spring Seminar, April 13-15 at the gorgeous Silverado Resort and Spa in Napa Valley. Although it is difficult to predict with any certainty the road ahead for California’s healthcare industry, it is certain that times are changing, which makes participation in our annual program more valuable than ever.
Virtually every facet of the healthcare industry faces a labyrinth of federal and state laws and regulations. Our distinguished faculty will guide us through today’s most important legal issues and lead us into meaningful discussions designed to further California’s leading role in the development of health care laws and policy. 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, the Friday morning program will include three presentations, including one from a Washington D.C. insider, focused on the transformation of the ACA under the Trump Administration and its impact on California’s budget and Californians’ access to quality care.
We will hold a brief business meeting to bring you current information about our Society’s operations, finances and initiatives and let you know 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 Annual Dinner with entertainment from Jay Alexander, whose comedy and magic has garnered nationwide fame. In addition, CSHA will host a number of breakfast roundtables on breaking news impacting healthcare policy and the laws, as well a new member lunch on Saturday. Please read the brochure carefully for further detail on this year’s program.
Whether you are new to the industry or a veteran healthcare attorney, CSHA’s 2018 Annual Meeting & Spring Seminar is an event you will not want to miss. I look forward to greeting you in beautiful Napa!
Crystal Lautrup, CSHA President
Friday – 4/13
7:30 – 8:15 a.m. | Registration & Continental Breakfast
8:15 – 8:30 a.m. | Welcome & Introductions
Crystal Lautrup, President, California Society for Healthcare Attorneys
8:30 – 9:45 a.m. | Health Reform and the Trump Administration
James Flood, Crowell & Moring LLP and Katrina Pagonis, Hooper, Lundy & Bookman, PC
Over a year has passed since President Trump was elected to office, and although the ACA is still the law of the land, there continues to be significant uncertainty concerning the direction of federal policies. This presentation will examine the outlook for health reform at the federal level, including legislation and executive actions, along with California’s responses, from judicial challenges to premium pricing strategies and outreach efforts. The discussion will look at the impacts of potential and actual changes on providers, payers, the uninsured, Marketplace enrollees, and employers.
9:45 – 10:45 a.m. | Healthy Days Ahead for California?
Brianna Lierman, Local Health Plans of California; Tam Ma, Health Access California; and Felicia Y. Sze, Rotenberg & Sze, LLP
California continues to lead the nation in regulating and ensuring health care for its residents. This panel will discuss current state policy issues affecting consumers, providers and payors, including preservation of the safety net; responses to federal actions, including the elimination of the individual mandate penalty; increased regulation of the insurance market, both for Medi-Cal and under the Knox Keene Act; provider and plan consolidations; health care costs; and proposals to achieve universal coverage in California.
11:00 a.m. – Noon | Tax Reform Act: A California Healthcare Perspective
Travis Jackson, King & Spalding LLP
The tax reform act rewrote the federal tax code for the first time in 31 years. The new law threatens already thin operating margins for California hospitals by raising revenue through sweeping changes to rules governing bond financings, executive compensation, unrelated business income taxes and other excise taxes. The law also affects individual Californians and the entire healthcare industry by repealing the individual mandate, modifying the medical expense deduction, and limiting the deductibility of state and local taxes. This presentation will explore the tax reform act from the California perspective and consider structural or other operational changes to help mitigate the adverse consequences of the new law.
Noon – 1:15 p.m. | Lunch (hosted)
1:15 – 2:00 p.m. | The Legalities of Public Health Data Sharing
Melanie Neumeyer, California Department of Public Health
This presentation addresses both sides of the topic of sharing public health data: health facilities sharing data with a public health department as well as the availability of health data held by public health departments for public use, such as for research activities. The California Department of Public Health (CDPH) has observed an increase in Public Records Act (PRA) requests for specific data queries from statewide databases. Our speaker will discuss the state and federal health information privacy laws that apply to this type of data sharing and the general “open government” laws involved in responding to PRA requests and limiting when they can be satisfied. In addition, CDPH de-identification guidelines and recent cases will be described.
2:00 – 3:00 p.m. | The ABCs of FQHCs and RHCs
Regina Boyle, Law Office of Regina M. Boyle and Kathryn Doi, Hanson Bridgett LLP
Federally-qualified health centers (FQHCs) and rural health clinics (RHCs) are a critical part of the healthcare safety net, serving an underserved area or population. Our speakers will identify the distinguishing characteristics of FQHCs and RHCs, the critical role they play in providing healthcare to medically underserved populations, and the relationships, types of affiliations, and ownership arrangements they have with hospitals and other providers. The session will also highlight reimbursement issues faced by FQHCs and RHCs.
3:15 – 4:00 p.m. | The TCPA is Calling: Everything You Should Know About Healthcare Communications and the TCPA
Christine Reilly, Manatt, Phelps & Phillips, LLP
The Telephone Consumer Protection Act (TCPA), enacted in 1991, protects consumers from receiving unwanted phone calls and faxes. The law has evolved over the years along with technology, and it now applies to text messages as well. The TCPA limits the use of automatic dialing systems (very broadly defined) that use prerecorded messages or live employees or operators; artificial or prerecorded voice messages; SMS text messages; and fax communications. With some notable exceptions, businesses must obtain the consumer’s consent before making these communications. Violations of the TCPA may result in statutory damages of $500 to $1500 per wrongful call, text or fax. This session will describe the portions of the TCPA likely to affect health care businesses and how to avoid these expensive and time-consuming lawsuits.
4:00 – 5:00 p.m. | Where Does Your Organization Stand? A Strategic Perspective on the Evolving Challenges Presented by the Opioid Crisis
Lisa Montague and Harry Nelson, Nelson Hardiman, LLP
As the most prominent public health crisis facing the country, the opioid overdose death rate has given rise to evolving legal risks for healthcare organizations. From pain management standards to privacy and coverage challenges, healthcare organizations face a host of issues in developing responsive strategies. This presentation will provide an overview of areas where standards are changing and where further legislative and regulatory change may be on the horizon. We will address the hornet’s nest of legal issues surrounding the opioid crisis with the goal of supporting healthcare organizations to meet the challenge.
5:00 – 5:15 p.m. | CSHA Annual Member Meeting
Crystal Lautrup, President, California Society for Healthcare Attorneys
5:15 – 7:00 p.m. | Welcome Reception (hosted)
Saturday – 4/14
7:30 – 8:45 a.m. | Breakfast Roundtables
9:00 – 10:00 a.m. | Health Litigation Update
Jeremy Rosen and Peder K. Batalden, 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.
10:15 – 11:30 a.m. | Risky Business: Cruising into a Radically Different World of Healthcare Payment Models and Clinically Integrated Networks
Charles Oppenheim, Hooper, Lundy & Bookman, PC; Scott Schoeffel, CalOptima and Theodora Oringiher PC; and Julie Simer, Dignity Health
Health is better than wealth … but everybody needs to be paid for their work! Our panel will begin by discussing the history of healthcare payment models in California and forecasting likely future trends. The discussion will then focus on clinically integrated networks and risk-based payment in the California commercial market before turning to bundled payment models and other governmental reimbursement methodologies. Our panel will help us understand why a recent JAMA study reported that only 12% of eligible hospitals signed up for the CMS Bundled Payment for Care Improvement initiative, and 47% dropped out within two years.
11:30 a.m. – 12:30 p.m. | Marketing Do’s and Don’ts for Healthcare Systems
Hoyt Sze, UCOP, Office of General Counsel and Taitt Vigus, John Muir Health System
Healthcare systems are increasingly under pressure to find creative and effective ways to promote their services to patients as well as physicians. This presentation will address marketing risk areas including providing benefits to referral sources, physician marketing, marketing communications, tools, practices and use of contracted marketers. We will also discuss the applicable rules, including the Anti-Kickback Statute, Stark Law, False Claims Act and HIPAA, and best approaches to staying compliant. The presentation will also discuss practical strategies from in-house counsel on how best to collaborate with marketing departments to achieve gold stars and positive reviews for your “can-do” approach to legal/compliance oversight.
12:30 – 1:30 p.m. | New Member Luncheon for Pre-registered Participants
Members who joined CSHA after April 2017 are invited to attend, as are retired attorney members, CSHA committee and current Board members.
6:00 – 9:00 p.m. | CSHA 2018 Annual Dinner (hosted)
This year’s Annual Dinner features California cuisine, local wines and entertainment from Jay Alexander, whose comedy and magic has garnered nationwide fame. Plan to join us for this ever-popular event!
Sunday – 4/15
7:30 – 8:15 a.m. | Registration & Continental Breakfast
8:15 – 9:30 a.m. | The Delivery of Prescription Drug Benefits to Health Plan Members: A Primer and Look Ahead
April Alexander, The Pharmaceutical Care Management Association; Carl Gardner, Molina Healthcare, Inc.; and Elizabeth Stone, Daponde Szabo Rowe PC
This session will discuss of the players involved in delivering prescription drug benefits to health plan members, as seen from the perspective of a health plan and a pharmacy benefit manager (PBM). The speakers will discuss the contractual relationships between plans, subscribers, PBMs, manufacturers, wholesalers and pharmacies; the regulatory environments experienced by these entities; contributors to the high cost of prescription drugs; health plan-PBM compensation arrangements and contracting best practices; and the changing legal landscape and marketplace.
9:30 – 10:30 a.m. | The Multi-Faceted Statuses of Hospital Teaching Program Residents
Gail Blanchard-Saiger, California Hospital Association and Steven Schnier, Arent Fox LLP
A PGY resident is somewhat of a trinity (licensed physician, employee, and graduate student) in both the general acute care hospital and the academic medical center. This presentation will address how to coordinate teaching service and traditional medical staff quality assurance programs; achieving fair and efficient peer review; melding the mandates of academic “due process,” common law “fair procedure,” and statutory hearing requirements; PGY physician billing constraints; satisfying the divergent demands of the ACGME, specialty boards, and accrediting organizations; and combining employee support programs and medical staff wellbeing resources for the benefit of residents and patients.
10:45 – 11:30 a.m. | Unresolved Issues in Section 1278.5 Whistleblower Retaliation Claims
Maxwell Cooper and Michael Gawley, Kessenick Gamma & Free, LLP
Health & Safety Code Section 1278.5, the “healthcare whistleblower statute,” is a powerful cause of action for plaintiffs’ attorneys. This statute allows healthcare professionals to bring a whistleblower claim against a health facility, and seemed to offer a plaintiff the ability to obtain reinstatement, damages, attorneys’ fees, and potentially a jury trial. However, recent decisions have deepened the uncertainties about the remedies actually available, particularly for plaintiffs who are not employees of the defendant. This presentation focuses on the unresolved issues surrounding Section 1278.5 claims, with a particular emphasis on those likely to be encountered in representing a physician whistleblower plaintiff. The speakers will also discuss the relationship and effects of a whistleblower claim on peer review action, and vice versa.
11:30 a.m. – 12:30 p.m. | Recent Developments in Legal Ethics and the Law Governing Lawyers
Daniel Sharp, Crowell & Moring LLP
This presentation will cover recent developments in the areas of legal ethics, malpractice, and attorney-client privilege/work product. The focus will be on recent decisions, formal Ethics Opinions issued by Bar Associations, and proposed changes to the California Rules of Professional Responsibility currently under consideration by the California Supreme Court, with a focus on issues of interest to CSHA members.
12:30 p.m. | Adjournment and Distribution of MCLE Certificates
Breakfast Roundtable Topics
Saturday April 14, 2018 | 7:30 am – 8:45 am
New Federal Conscience and Religious Freedom Regulations and Enforcement
Gail Blanchard-Saiger of California Hospital Association and Jessica Rubenstein of California Medical Association
In January, the federal government formed a new Conscience and Religious Freedom office and issued proposed regulations “to enforce 25 existing statutory conscience protections for Americans involved in HHS-funded programs.” In March, this office filed its first enforcement action against a nursing home, accusing it of violating the rights of a nursing aide who refused a flu vaccine without producing a letter from her church confirming her religious objection. How will these regulations affect California health care providers and payers?
Subpoenas and Patient Information – It’s Way More Than HIPAA
Theresa Fuentes of County of Santa Clara Office of the County Counsel and Martha Ann Knutson of County of Riverside
Patient information is sought in many types of litigated matters – criminal, civil and administrative – and often by attorneys who don’t practice health law or represent healthcare providers. The multiple potentially applicable sources of law adds layers of complexity in responding to even a “simple” subpoena. This roundtable will focus on scenarios illustrating frequent challenges and possible strategies for responding to them.
Unique Issues That Arise in a California Healthcare Restructuring
Samuel R. Maizel of Dentons US LLP
The pending bankruptcy case of Gardens Regional Hospital in Los Angeles has raised three issues of first impression: (i) what are the limits, if any, of the Attorney General on the sale of a not-for-profit hospital in a bankruptcy case, (ii) are unpaid Hospital Quality Assurance Fees subject to offset by the state against Medi-Cal payments owed to a hospital after a bankruptcy is filed, and (iii) are Hospital Quality Assurance Fees a tax under federal bankruptcy law. All three issues are now on appeal and issues related to quality assurance fees (hospital or skilled nursing facility) are being litigated nationwide with increasing frequency. This roundtable will discuss these cutting edge issues — and any other healthcare restructuring issues the participants want to discuss.
Trends and Risks in Healthcare Discrimination Enforcement and Litigation: What Does the Future Hold?
Melissa Borrelli of Mazars USA LLP and David Johnson of Michelson and Robinson, LLP
This Roundtable will discuss cases alleging race, sex, disability, age, and communication (i.e., language and auxiliary service assistance) discrimination by healthcare plans and providers. Not only are private lawsuits being brought, resulting in cases of first impressions, but the DOJ and OCR have also stepped up enforcement. In addition to describing how ACA Section 1557 and related federal discrimination law is being enforced, this session will also invite group discussion of current discrimination scenarios. Be prepared to stretch the creative side of your legal mind!
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 18 and Save
Registrations received after March 19, 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.
A $75 nonrefundable processing fee will be retained for each cancellation. All cancellations must be in writing and received in the CSHA office by March 23, 2018 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 12
CSHA has reserved a limited number of rooms at the Silverado Resort and Spa, available on a first-come, first-served basis at a nightly rate of $205 (Resort Guestroom), $255 (Junior Suite) or $285 (One Bedroom Suite), plus tax and $25 resort fee. The deadline for reserving rooms at this rate is March 12, 2018. After that date, reservations will be confirmed subject to general availability.
Contact the hotel directly at (707) 257-0200 and ask for the California Society for Healthcare Attorneys (CSHA) group rate.
The room block at the Silverado Resort and Spa is now sold out. There are several hotel options for those still wanting to attend the Annual Meeting and Spring Seminar, including:
Andaz Napa (707) 687-1234
Archer Hotel Napa (707) 690-9800
Napa Valley Marriott Hotel & Spa (707) 253-8600
The Westin Verasa Napa (707) 257-1800
CSHA is fortunate to receive generous sponsorship of the 2018 Annual Meeting & Spring Seminar from the following firms:
American Arbitration Association
Arent Fox, LLP
Best Best & Krieger LLP
Boutin Jones Inc.
Buchalter, A Professional Corporation
California Medical Association
Crowell & Moring LLP
Daponde Szabo Rowe PC
Davis Wright Tremaine LLP
Dentons US LLP
Doll Amir & Eley LLP
Fenton Law Group, LLP
Foley & Lardner LLP
Garner Health Law Corporation
Hanson Bridgett LLP
Higgs Fletcher & Mack
Hinshaw & Culbertson LLP
Hooper Lundy & Bookman, PC
Horvitz & Levy LLP
Kennaday Leavitt Owensby PC
Kessenick Gamma & Free, LLP
King & Spalding LLP
Latham & Watkins LLP
Manatt, Phelps & Phillips, LLP
Mazars USA LLP
McDermott Will & Emery
Morgan, Lewis & Bockius LLP
Nelson Hardiman, LLP
Outwater & Pinckes, LLP
Pillsbury Winthrop Shaw Pittman LLP
Procopio, Cory, Hargreaves & Savitch LLP
Prospect Medical Holdings, Inc.
Ropes & Gray LLP
Rotenberg & Sze, LLP
Schiff and Bernstein, APC
Sheppard, Mullin, Richter & Hampton LLP
Theodora Oringher PC
Vision Service Plan
Download 2018 Annual Meeting & Spring Seminar materials.
PLEASE NOTE: Seminar attendees must log in to the CSHA web site to access these resources.