2022 CSHA Annual Meeting & Spring Seminar
Silverado Resort and Spa
April 1–3, 2022
Silverado Resort and Spa
CSHA is pleased to announce its 2022 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
2022 Annual Meeting & Spring Seminar, April 1-3 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.
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.
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. 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 2022 Annual Meeting & Spring Seminar is an event you will not want to miss. I look forward to greeting you in beautiful Napa!
Brian Taylor, CSHA President
Friday – 4/1
7:45 – 8:45 a.m. | Registration & Continental Breakfast
8:45 – 9:00 a.m. | Welcome & Introductions
Brian Taylor, President, California Society for Healthcare Attorneys
9:00 – 9:45 a.m. | The Future of
Margia Corner, University of California; Felicia Sze, Athene Law LLP
Momentous changes are on the horizon for Medi-Cal. With the federal approval of a Medicaid waiver and demonstration project, the State of California is embarking on an exciting new initiative called CalAIM, which will implement broad delivery system, program and payment reforms. Our speakers will describe the key components of CalAIM, including the Medi-Cal managed care Enhanced Care Management benefit, Community Supports, and other efforts to improve health equity, address social determinants of health, and improve access to behavioral health services, as well as related Medi-Cal proposals included in the Governor’s proposed FY 2022-2023 budget.
10:00 – 11:00 a.m. | Diversity, Equity and
Rachel Nosowsky, University of California, Office of General Counsel
Law firms and legal departments are struggling to achieve diversity, equity and inclusion in their ranks. Diverse lawyers offer diverse perspectives and opinions, allowing for more innovative and creative solutions. The topic of diversity, equity and inclusion (commonly referred to as “DEI”) in the legal profession has been discussed for many years. But discussion is not enough. Diversity requires action and greater inclusion in terms of race, ethnicity, gender, disabilities, sexual orientation, gender identity, age, and other factors. It is time for the legal community to step up as DEI leaders. Our speaker will explore the topic of bias and provide strategies for how you can build a diverse, equitable and inclusive law firm or legal department. This presentation qualifies for one credit hour in the Recognition and Elimination of Bias in the Legal Profession and Society.
11:00 – 11:45 a.m. | Antitrust and Managed Care
Gregory Jones, Polsinelli LLP; Christopher Wheeler, Farella Braun + Martel LLP
In October 2019, Sutter Health agreed to injunctive relief and to pay $575 million to settle claims brought by the California Attorney General as well as a class of self-funded payors, including unions and employers, regarding allegedly anticompetitive contracting practices. Related private litigation in federal court is still ongoing. 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 cases.
11:45 a.m. – 1:15 p.m. | Lunch (hosted)
1:15 – 2:00 p.m. | What’s Next for Prescription
Carl Gardner, USC Gould School of Law
This session will discuss the trends in drug pricing/PBM transparency laws, drug benefit carve-outs from Medicaid managed care (including Medi-Cal’s carve-out), Medicare drug price negotiation proposals, and other hot topics in the prescription drug world.
2:00 – 3:00 p.m. | The No Surprises Act, Four Months In:
What You Should Know About the Interpretation and Enforcement of
State and Federal Surprise Billing Laws in
Eric Chan, Athene Law LLP; Harvey Rochman, Manatt, Phelps & Phillips, LLP
California is a pioneer in enacting laws about “surprise” medical bills — but the federal government has caught up. The No Surprises Act took effect January 1 and is now on everyone’s radar. This presentation will explore a number of advanced topics that are of practical importance to hospitals, physicians, and health plans. In particular, the speakers will explain when California rules apply and when the federal protections apply; offer tips on developing an independent dispute resolution (IDR) strategy; discuss hospital and physician implementation of the good faith estimate requirement; and provide an update on litigation challenging portions of the No Surprises Act. A representative from the Department of Managed Health Care has been invited but is not confirmed.
3:15 – 4:15 p.m. | View from the Other Side:
Insights into Working with the Government
Emily Brinkman, Paul Garcia, and Matt Lahana, Hooper Lundy & Bookman PC
The government is a large, opaque entity that can at times be very confusing – we can help! This presentation will address practical insights from three former government attorneys who will discuss the differences between working for the government versus the private sector, including the motivations, considerations and realities that arise throughout the investigation, regulatory, and litigation processes. Attendees will come away with a better understanding of the inner workings of government agencies — knowledge you can use to benefit your clients.
4:15 – 5:00 p.m. | Difficult Patient Discharges:
Your Limited Legal Toolkit and Other Strategies
Hope Levy-Biehl, Davis Wright Tremaine, LLP; Julia Michael, Kaiser Foundations Health Plan, Inc. and Hospitals
Discharging patients who no longer require acute care can be challenging. Some patients just refuse to leave. Others lack capacity, and their decisionmakers disagree or refuse to agree to the discharge plan. In other cases, even when the patient or decisionmakers will agree to the discharge, there is no appropriate (covered) placement or accepting post-acute facility. Patients experiencing homelessness or who have mental health or behavioral challenges raise a host of other complications. These issues are particularly pressing given the COVID pandemic and hospital surges. This presentation provides a legal framework for evaluating these cases and provides practical tools and anecdotes for how to proactively help your clients manage these difficult cases.
5:00 – 5:15 p.m. | CSHA Annual Member
Brian Taylor, President, California Society for Healthcare Attorneys
5:15 – 7:00 p.m. | Welcome Reception (hosted)
Saturday – 4/2
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. | Professional Responsibility:
Lawyers Serving on Corporate Boards or Representing
Renée Delphin-Rodriguez, Crowell & Moring LLP
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. This presentation qualifies for one credit hour in Ethics.
11:15 a.m. – 12:15 p.m. | Federal Fraud
Benjamin R. Barron, Office of the United States Attorney, Joshua Robbins, Buchalter APC; Judith Waltz, Foley & Lardner LLP
A former federal prosecutor who has experience prosecuting and defending kickback charges will discuss trends in enforcement of the Enforcing Kickbacks in Recovery Act, a recent statute that expands the scope of the Anti-Kickback Statute and is increasingly being used in investigations and prosecutions. Both prosecution and defense perspective on various issues will be addressed, including charging decisions, statutory interpretation, and legal defenses. Our second speaker will focus on the OIG’s enforcement efforts, its increased use of Corporate Integrity Agreement (CIA) sanctions, some OIG-delegated CMP authorities (including the one for retention of Medicare/Medicaid overpayments), and CMS’ use of billing privileges revocations and CMS-delegated CMPs, that pose risks for health care entities. Finally, some practical approaches for responses will be described.
12:15 – 1:15 p.m. | New Member Luncheon for
Members who joined CSHA after April 2021 are invited to attend, as are retired attorney members, committee members, current Board members and past CSHA presidents.
6:00 – 9:00 p.m. | CSHA 2022 Annual Dinner
This year’s Annual Dinner features California cuisine, local wines and live entertainment. Plan to join us for this ever-popular event!
Sunday – 4/3
8:00 – 8:30 a.m. | Continental Breakfast
8:30 – 9:15 a.m. | Your Cuppa: Something’s
Brewing at the Medical Board
David Balfour, Buchalter APC; Sara Hersh, Nelson Hardiman, LLP
The Medical Board of California has a new Executive Director and new Board members, and it is facing increasing public, media and legislative scrutiny over allegations that it does not discipline physicians harshly enough. Our speakers will discuss the Medical Board’s responses to these pressures, including recasting the Death Certificate Project aimed at excessive opiate prescribing; imposing high licensee fees and cost recovery to fund quicker investigations and prosecutions; intensifying its use of investigational subpoenas/interrogatories/production demands; and putting pressure on hospitals and medical staffs to release medical staff documents and medical staff committee information. The impact of these Medical Board actions on hospitals, medical staffs and other mandated reporters will be discussed.
9:15 – 10:00 a.m. | Taking a Red Pencil to
Section 809: What Would Peer Review Lawyers Change?
Lowell Brown, Arent Fox Schiff LLP; Art Chenen; Theodora Oringher PC; and Shelley Carder, Law office of Shelley A. Carder
California Business and Professions Code Sections 809 et seq. have been in place since 1990. After more than 30 years of experience, what changes would peer review lawyers make? What shortcomings in the law would they like to see revised – or eliminated outright? Our panel represents the perspectives of hospitals, medical staffs and physicians; they will talk about the use of arbitrators and mediators, hearing officer authority, terminating sanctions, panel member bias, hearsay, and the meaning of “great weight.” Feel free to add your two cents to the discussion!
10:15 – 11:00 a.m. | Behavioral Health and
Minors: Ethical and Legal Considerations at the Intersection of
Privacy and Consent
Caitlin Costello, MD, UCSF; Joseph Laska; Manatt, Phelps & Phillips, LLP; and Carri Maas, Kaiser Foundation Health Plan, Inc.
When it comes to treating 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.
11:00 a.m. – Noon | 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 the IFPA.
Noon | Adjournment and Distribution of MCLE Certificates
Breakfast Roundtable Topics
Saturday April 2, 2018 | 7:30 am – 8:45 am
Price Transparency in 2022 and Beyond
Katrina Pagonis of Hooper Lundy & Bookman PC
Join Katrina to talk about key federal price transparency developments from the provider perspective. Since 2021, providers have been required to publicly disclose payer-specific negotiated rates on a plan-by-plan basis for all services in a machine-readable format and make similar disclosures in a consumer-friendly format or through an online price estimator tool for 300 shoppable services. In 2022, the No Surprises Act started requiring hospitals, ambulatory surgery centers, physicians and other providers to provide good faith estimates to uninsured and self-pay patients. In July 2022, plans and issuers will be required to publish in-network rates and out-of-network allowed amounts under the Transparency in Coverage final rule. Finally, after further rulemaking, providers will also be required to provide good faith estimates to health plans and insurers, and these estimates will be used by them to provide advance explanations of benefits to patients. Discuss the challenges, solutions, and what’s coming next with your colleagues.
Presenting an Efficient Healthcare Arbitration
Aaron Gothelf, American Arbitration Association Commercial Division VP / Western U.S. Chair for AAA’s Healthcare Dispute Resolution Advisory Council
Bill Helvestine, AAA Healthcare Arbitrator and former CSHA President
Join Aaron Gothelf and former CSHA President Bill Helvestine to discuss best practices for resolving healthcare arbitrations quickly and economically. Topics may include arbitrator selection, holding a productive preliminary hearing, drafting effective prehearing filings/briefs, presenting witnesses and evidence, how to handle closing arguments and attorney fee applications, the advantages and disadvantages of in-person, remote, and hybrid evidentiary hearings, and how COVID-19 has impacted healthcare arbitrations. Bring your questions and dilemmas to these uber-experienced arbitration thought-leaders to get their perspectives and ideas.
Peer Review Potpourri
David Balfour, Buchalter APC; Lowell Brown, Arent Fox LLP; Shelley Carder, Law office of Shelley A. Carder; and Sara Hersh, Nelson Hardiman, LLP
Join your friends who participate in peer review proceedings — either as an advocate or hearing officer — to discuss whatever’s on your mind relating to peer review.
Register by March 11 and Save!
Registrations received after March 11, add $55
Note: CSHA has a pilot project that 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 12.25 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 18, 2022 and emailed to firstname.lastname@example.org. No refunds will be made after these dates. Substitutions are encouraged and may be arranged by contacting the CSHA offices.
Room Block Update
For those who have yet to book a hotel room at the
Silverado Resort and Spa, please note that the room block is
almost sold out (depending on the nights you plan to stay) –
Saturday night is currently completely sold out. The room block
sells out in a week or two every year but as the conference dates
get closer, rooms will begin to open up due to
cancellations. Attendees are welcome to reach out
to the resort in case any additional rooms open up due to
cancellations, however, there are other local
hotel that CSHA recommends:
The Westin Verasa Napa
4 miles from the Silverado Resort and Spa
1314 McKinstry St, Napa, CA 94559
River Terrace Inn
4 miles from the Silverado Resort and Spa
1600 Soscol Ave, Napa, CA 94559
Napa Valley Marriott Hotel & Spa
4 miles from the Silverado Resort and Spa
3425 Solano Ave, Napa, CA 94558
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 $239, plus resort fee and tax. Contracted discounted rates will be available up to three days before and after our conference dates, on a first-come, first-served basis.
To make your reservation call the hotel directly at (888) 882-3780 and ask for the California Society for Healthcare Attorneys (CSHA 2022) group rate or book online through the Silverado Resort and Spa website (Please do not use the regular Silverado 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 special reservation link above.)
- The discounted rate is available until the cut-off date, March 14, 2022, or until the room block is full, whichever occurs sooner.
- No shows or guests who cancel their reservation within seven (7) days of arrival will be charged the full length of stay. Prior to that, you may cancel your reservation without charge.
- Space is limited, so be certain to book early.
CSHA is fortunate to receive generous sponsorship of the 2022 Annual Meeting & Spring Seminar from the following firms:
American Arbitration Association
Arent Fox, LLP
Athene Law LLP
Best Best & Krieger LLP
Boutin Jones Inc.
Buchalter, A Professional Corporation
California Medical Association
Crowell & Moring LLP
Davis Wright Tremaine LLP
Dentons US LLP
Doll Amir & Eley LLP
DSR Health Law
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 PC
Kessenick Gamma & Free, LLP
King & Spalding LLP
Latham & Watkins LLP
Manatt, Phelps & Phillips, LLP
Mazars USA LLP
Morgan, Lewis & Bockius LLP
Nelson Hardiman, LLP
Nixon Peabody LLP
Outwater & Pinckes, LLP
Perkins Coie LLP
Planned Parenthood Education Fund
Procopio, Cory, Hargreaves & Savitch LLP
Prospect Medical Holdings, Inc.
Reed Smith LLP
Rogers Joseph O’Donnell, PC
Sheppard, Mullin, Richter & Hampton LLP
Theodora Oringher PC
COVID Event Safety and Responsibility
CSHA will continue to monitor and update safety precautions for the CSHA Annual Meeting and Spring Seminar regularly and coordinate with local public health agencies, and the hotel hosting the event.
CSHA leadership has decided that all participants at the in-person 2022 Annual Meeting and Spring Seminar, whether a presenter, attendee, staff, or guest will be required to be fully vaccinated.
Attendees will be required to attest to their vaccination during the registration process.
We are continuing to develop onsite protocols for seating, signage, meals, and other events during the Annual Meeting & Spring Seminar. More information will be posted on this website throughout the preparation for your arrival. We look forward to welcoming you to Napa for what we hope to be a wonderful CSHA reunion!
2022 Annual Meeting & Spring Seminar materials.
PLEASE NOTE: Seminar attendees must log in to the CSHA website to access these resources.