Here is your chance to hear the best of the best from the Health Law Institute 2020. These six one-hour topics on a variety of health law issues give you the "must know" information in this ever-changing world of health law. With an outstanding roster of faculty who represent the healthcare industry here in our own backyard, you will gain first-hand access to the thought leaders and expertise of professionals from the area's healthcare industries.
False Claims Act Update
Ms. Brecht, Mr. David, Mr. Hogan
The number of False Claims Act cases filed and settled continues to rise. Join our distinguished panel as they examine the most notable False Claims Act cases from the past year. The panel will also discuss major issues that have arisen - or that loom on the horizon - involving the FCA. Always a lively discussion!
Corporate Minutes for Healthcare Entities - Who, What, When, Where and Why and Best Practices
Ms. Hepp, Ms. Schreiber
We will address best practices for corporate minute taking on the board of director level, board committee level, and for internal department meetings. Specifically, we will discuss the format for taking minutes, what is required to be included and what should be omitted and the reasons for inclusion or omission. Finally, we will address the risks associated with improper minute taking.
Finding the Value in Value-Based Contracts
Ms. Gopal, Mr. Rotella
Come to learn how to negotiate managed care contracts on behalf of health care providers with commercial payors that include value-based elements. Some of the issues include: shared savings arrangements; quality incentives; privacy law considerations; antitrust concerns; attribution of patients to providers for performance measurement purposes; payment mechanics, including upside and downside provider risk, care coordination fees and the timing of supplemental payments; key contract provisions, such as termination rights, rights to recoup by offset and incorporation of general payor policies and procedures into value-based contracts.
Cyber Ethics: The Crossroads of Cybersecurity and Ethics
Mr. Chu, Mr. Fliszar
We will focus on a lawyer's ethical duty to safeguard sensitive client information and steps to take if the lawyer experiences a breach of client information. We will address an attorney's duties of confidentiality and competence in regard to securing client information, cloud computing concerns and recent ABA ethics opinions on securing client information and obligations after an electronic data breach.
Surprise Billing: Can Plans Dictate Provider Prices?
Mr. Raphaely, Ms. Sapega
Providers are seeing a rise in health plans that do not contract with providers, but offer payment to the provider based on a reference price (e.g. a percentage of Medicare) after the plans' members are treated as these types of plans gain traction in the market. We will explain referenced based pricing, as well as the public perception and the political and legal realities facing providers who treat members of plans which utilize referenced based pricing. Providers will be armed with the information they need to navigate the complex intersection of surprise billing legislation, the ACA, the Fair Debt Collection Act and common law contract theory to preserve the integrity of their pricing structure.
How to Manage Physician Expectations of Private Equity Investment in Medical Practices
Mr. Schaff, Mr. Washlick
We will provide a real-world look at private equity investments in healthcare and what it means for providers and what advisors and attorneys need to know to counsel their clients. Topics include: review of PE activity in healthcare space; PE business model - real world fact pattern case study; why are PE firms interested in medicine?; what does the influx of PE mean for physicians and other healthcare providers?; review of typical deal terms in PE transactions; examine restrictive covenants and liquidating and exit rights; regulatory issues presented by PE deals; legal traps and how to avoid them; planning considerations.
All attendees will receive the course materials as a digital book. A printed copy of the course book is available, at a discount to attendees, for $40. Additional copies are available at full price. If you wish to purchase the printed version of the course book, please call PBI Customer Service at 800-932-4637. Printed versions of the course book will not be distributed at the course; please allow up to two weeks after the program for the printed versions of the course book to be shipped.
Recorded in October 2020.