Physicians and Physician Organizations Law Institute - American ...

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Hospitals and Health Systems Law Institute Program Agenda j Relevant considerations for determining the historical lookback period j Privilege/work product concerns and pitfalls to avoid during the investigation of complex compliance issues j Factors to consider when deciding where to make a voluntary disclosure E. I’ll Have What She’s Having… Harry Hospital Meets Sally Specialist (repeat) H. Physician Compensation: Legal and Valuation Trends Today, Tomorrow and Beyond (repeat) K. A Practitioner’s Toolkit for Addressing “Technical” Violations of the Stark Law (repeat) O. Clinically Integrated Networks: The PHOs of the 21st Century (repeat) 5:15-6:30 pm Networking Reception, sponsored by HORNE LLP (attendees, faculty and registered spouses and guests are welcome to attend) 6:30-7:30 pm Fair Market Value Affinity Group Happy Hour (attendees and faculty are welcome to attend; please see page 20 for a descriptinons and sign-up on the registration form pages 21-22) 7:00 pm Young Professionals Networking Dinners (Sign-up at the AHLA Resource Center Table) Wednesday, February 13, 2013 7:30 am-3:25 pm Registration and Information 7:30-8:30 am Continental Breakfast, sponsored by HORNE LLP (attendees, faculty, and registered spouses and guests welcome) 7:30-8:30 am Fair Market Value Affinity Group Breakfast (attendees and faculty are welcome to attend; please see page 20 for a descriptions and sign-up on the registration form on pages 21-22) CONCURRENT SESSIONS 8:30-9:30 am T. Health Reform Fatigue: Which Health Reform Models Have the Strongest Chance of Success? (not repeated) James C. Pyles j The objectives that any healthcare delivery model will have to achieve in order to succeed and which models stand the best chance of achieving those objectives j Which models provide the best return on investment now and in the future U. Reimbursement Rules that Could Trip Up Hospital Attorneys Cynthia F. Wisner j The 3 day rule and in particular its application to joint ventures that the hospital manages j The provider-based rule and the problems with system signage j The physician supervision rule and the effect on hospitals departments not located on the hospital campus -- appropriate levels of supervision for individual hospital outpatient therapeutic services j The 340b drug pricing program and the effect on the pharmacy of enhanced scrutiny j Changes in reference lab billing for lab services to inpatients j Patient freedom of choice and Important Message from Medicare obligations of hospitals j The locums tenems rule and the limits on billing for coverage j Anesthesia for preventive services – Medicare free screenings j The use of physician extenders and the effects on scheduling j Practical steps that hospital counsel can recommend to ensure that reimbursement is not lost V. Analysis of the New “Omnibus” HIPAA/HITECH Regulations Marilyn Lamar Patricia A. Markus j Security breach notification j Enforcement j Marketing and sale of PHI j Other topics (depending on content of omnibus rule) j Guidance in transitioning from the current rules to the new rule j How business associates are affected j Any impact on providers seeking meaningful use incentives j If the rule isn’t out by the time of the program, the speakers will address an alternative topic related to HIPAA privacy and security W. If You Can’t Monitor It, Don’t Execute It: Ways to Develop Compliant Agreements that Are Commercially Reasonable and Consistent with FMV Curtis H. Bernstein Jill H. Gordon j When to use income, market and asset valuations j Can goodwill be valued? j Application of strategic value j Physician compensation impact on practice value j Should a billing audit be part of valuation process? 12
Hospitals and Health Systems Law Institute Program Agenda j Impact ancillary revenue has on valuation (and on physician’s post-acquisition compensation) j Is it Commercially reasonable to incur losses on physician practices post-acquisition? 9:40-10:40 am X. Best Practices for Achieving Complex Patient Discharges (not repeated) Mary Daymont Alice M. MacDermott j Legal framework for discharge planning j Role of in-house and outside legal counsel in discharge planning j Legal strategies to handling difficult discharges j Best practices to mitigate legal and financial risks – Interdisciplinary team approach – Focus on clinical planning – Early escalation – Communication – Cultural sensitivity j Addressing non-supportive team dynamics Y. Non-Profit/For-Profit Joint Ventures – Structuring and Valuing the Deal Eliot Jeter James M. Pinna j Non-profit / for-profit joint venture trends – Post-acute, rehab, surgery centers, imaging, oncology, urgent care – Operational and financial considerations j Regulatory and compliance issues – Stark, Anti-Kickback, tax exemption, antitrust, licensure, reimbursement j Hypothetical transaction structure – Legal and regulatory structure – Business valuations – Service agreement valuations – Interrelation of pre- and post- transaction structure on valuations j Service agreement valuations j Interrelation of pre- and post- transaction structure on valuations A. Why Quality of Care Should Matter to You: FCA Enforcement in 2013 and Beyond (repeat) P. Hospital Acquisition of Physicians Groups (repeat) j Recent NLRB reports and rulings on employer social media policies and other protected activity j Social media policy language for compliance with recent NLRB rulings j The current vigorous HIPAA enforcement environment j HIPAA compliance risks for providers when employees disclose patient information via social networks (key pertinent HIPAA Rules) j Practical steps that provider should take to minimize potential sanctions if a HIPAA violation occurs G. Consolidation in a Rapidly Changing Industry: Navigating Options, Antitrust and Other Obstacles (repeat) M. The Top 10 Conflicts of Interest Developments Healthcare Lawyers Need to Know About (repeat) S. Strategies Behind Successfully Resolving Compliance Issues and Government Investigations (repeat) 11:50 am-1:05 pm Lunch on your own or attend a Practice Group Luncheon: Health Information and Technology or Healthcare Liability and Litigation (additional fee; limited attendance; pre-registration required; see page 20 for the descriptions and pages 21-22 to register) CONCURRENT SESSIONS 1:15-2:15 pm R. Knowing When and How to Protect Quality Information in an Employed Physician World (repeat) Q. OIG Enforcement Initiatives Relating to Hospitals (repeat) U. Reimbursement Rules that Could Trip Up Hospital Attorneys (repeat) V. Analysis of the New “Omnibus” HIPAA/HITECH Regulations (repeat) 2:25-3:25 pm N. How Health Reform Has Reduced Fraud Enforcement Risk for Hospitals and Systems (repeat) W. If You Can’t Monitor It, Don’t Execute It: Ways to Develop Compliant Agreements that Are Commercially Reasonable and Consistent with FMV (repeat) 10:50-11:50 am Z. Social Media Compliance Challenges: From HIPAA to the NLRA (not repeated) Kimberly W. Daniel Sara S. Rorer j The application of the National Labor Relations Act to nonunionized employers 13 Y. Non-Profit/For-Profit Joint Ventures – Structuring and Valuing the Deal (repeat) Adjournment
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