Physicians and Physician Organizations Law Institute - American ...

Physicians and Physician Organizations Law Institute/
Hospitals and Health Systems Law Institute
Practice Group Luncheon Presentations
February 11, 2013
Antitrust
Review of Antitrust Enforcement of Hospital-Physician
Transactions
David A. Argue, PhD
Economists Incorporated, Washington, DC
Douglas C. Ross, Esq.
Davis Wright Tremaine LLP, Seattle, WA
Christine L. White, Esq.
Federal Trade Commission, New York, NY
Physician practice consolidations have been the subject of increased
federal and state scrutiny, as well as at least one recently
filed private antitrust action. Several transactions have been
blocked by antitrust enforcers, and some parties have entered into
consent agreements to resolve antitrust concerns. The private case
is currently in litigation. Drawing on these cases, our panelists
will identify factors that may impact the risk of antitrust scrutiny
(including both antitrust red flags and procompetitive justifications
for a transaction) as well as potential means of minimizing or
resolving those concerns.
The panelists will provide specific examples and illustrations based
on actions such as:
j Federal enforcement actions: Renown Health’s acquisition of
Sierra Nevada Cardiology Associates and Reno Heart Physicians;
and Providence Health System’s proposed acquisition of
Northwest Cardiology and Spokane Cardiology)
j State enforcement actions: Urology of Central Pennsylvania;
MaineHealth; and Atrius Health/Fallon Clinic
j Private actions: St. Luke’s Health System’s proposed acquisition
of Saltzer Medical Group
Physician Organizations, sponsored by PYA
Roundtable Discussion of Recent Issues Affecting Physicians
Ann M. Bittinger, Esq. (Moderator)
Bittinger Law Firm, Jacksonville, FL
Rick L. Hindmand, Esq.
McDonald Hopkins LLC, Chicago, IL
Julie E. Kass, Esq.
OBER|KALER, Baltimore, MD
Alyson M. Leone, Esq.
Wilentz Goldman & Spitzer PA, Woodbridge, NJ
David T. Lewis, Esq.
Life Point Hospitals, Brentwood, TN
Sidney S. Welch, Esq.
Arnall Golden Gregory LLP, Atlanta, GA
Join the Physicians Organization Practice Group for an interactive
discussion of hot topics for lawyers who represent physicians. The
topics will include:
j Ways in which physicians are participating in ACOs
j Fraud and Abuse and enforcement update
j Physician quality reporting update
j OIG guidance on on-call arrangements
j US vs All Children's
Labor and Employment
The “Other” Reform; Implications and Realities of Immigration
Reform for Health Care Organizations
Kristen A. Harris, Esq.
Rubman & Harris LLC, Chicago, IL
Gregory Siskind, Esq.
Siskind Susser, Memphis, TN
Immigration reform will impact healthcare organizations both as
employers and as providers. This presentation will explore the effect
of recent and pending immigration reform measures upon the
healthcare industry. The presenters will review changes to healthcare
organizations as visa sponsors for healthcare professionals and
as employers subject to immigration compliance measures (I-9s, E-
Verify, and new enforcement initiatives). The presentation will also
analyze the eligibility of immigrants for various healthcare benefits,
and will review healthcare immigration implications resulting from
other new legislative measures, such as the Affordable Care Act
and budget negotiations.
February 12, 2013
Medical Staff, Credentialing, and Peer Review,
sponsored by MDReview
Implementing “Systemness” into Health System Consolidation
Amy L. Marquardt, Esq.
Vice President and General Counsel Hospitals
Sisters Health System, Clear Lake, IL
Increased hospital and health system consolidation has emphasized
the varied challenges of unifying medical staff cultures and
the ever-growing web of system-wide services lines and hospital
credentialing, privileging and quality activities. Many of these
activities are becoming more centralized as health systems search
for greater standardization, efficiency and cost reduction. This luncheon
presentation will use hands-on experience from an in-house
perspective to discuss the many challenges, opportunities and lessons
learned when integrating services lines and multiple medical
staffs into a health system, including:
j Considerations and lessons learned when merging medical staff
governance and leadership perspectives
j Making system-wide service lines work
j The relationship between health system activities and traditional
medical staff roles, qualifications and standards
j Considering state peer review laws when centralizing service
line, credentialing, privileging and peer review activities
Hospitals and Health Systems, In-House Counsel and the
Enterprise Risk Management Task Force (joint luncheon),
sponsored by Health Capital Consultants LLC
High Reliability Healthcare - The Science of Safety
Kerry M. Johnson
Healthcare Performance Improvement LLC, Virginia Beach, VA
Errors, delays and waste are the results of low performing cultures
and poorly designed systems. High Reliability Organizations manage
to have fewer than their fair share of accidents even under very
complex and challenging conditions. High reliability is the study
of human performance in complex systems and includes: systems
19