This program is eligible for 6 hours of CLE credit, in 60-minute states. In 50-minute states, this program is eligible for 7.2 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
Overview
A Day on Health Law is your opportunity to hear the best of the best from the Health Law Institute 2024. These six one-hour topics on a variety of health law issues give you the "must know" information in the ever-changing world of health law. Our outstanding roster of faculty will share their expertise gleaned from years of experience in the industry.
Sessions Include:
Does Chat GPT Dream of Electric Sheep?: Legal Implications of Generative AI in Healthcare
Daniel Shay
This session will explore the ways in which generative AI (e.g., ChatGPT) is currently being used in the health care industry. It will include a brief overview of how generative AI programs function (as distinct from other software), how various aspects of the health care industry, how it may be used in the future, and the legal issues posed by its use. The session will examine real-world examples of generative AI use, including "horror stories" to illustrate when and how that use may run into legal trouble, and will offer practical advice to attorneys regarding both their clients' and their own potential uses of generative AI.
Tax Issues for Tax-Exempt Healthcare - A 2023-24 Update
Daniel Hennessey
The session would cover a range of tax issues and developments over 2023 and early 2024 that specifically impact the tax-exempt healthcare industry. Topics covered would include IRS exempt organization initiatives, regulatory changes and rulings, trends in Section 501(c)(3) compliance and enforcement, tax exemption and community benefit standards for hospitals, tax-exempt M&A and corporate structure topics and developments in state/local tax exemption matters, among other salient issues.
Physician Employment Agreements - Perspectives of Physician and Employer Counsel
Dennis Hursh & Henry Casale
This session will cover why a “standard contract” is used and how the physician may respond, why certain actions, and not a certain date, are used to define the start date of employment, the pros and cons of restrictive covenants, when tail coverage needed and show should pay for it, and termination terms and why no cause termination does not mean no cause of action.
HIPAA 2024: Enforcement Trends in a Changing Regulatory Landscape
Brad Rostolsky & Kelly Walenda
Since 2018, the Office for Civil Rights has spent considerable effort ramping up enforcement in furtherance of its “Right of Access Initiative.” This effort, in combination with OCR’s response to ransomware attacks, hacking incidents, and impermissible uses and disclosures of protected health information, provides an instructive 12 months of enforcement actions from which to glean prospective guidance. We will discuss key aspects of OCR’s enforcement during this period, and offer attendees a pragmatic perspective on how to approach HIPAA compliance in light of these trends. In combination with reviewing recent enforcement actions, we will also review the four outstanding proposed HIPAA regulations, and discuss how key aspects of these proposed changes can be operationalized. Ultimately, this session will provide attendees with practical guidance regarding how to approach HIPAA compliance, and offer an opportunity for attendees to workshop pressing questions relating to current trends.
False Claims Act Update
Marc Raspanti, Deborah Frey & Meredith Auten
This session features an FCA update from the perspectives of the U.S. Attorney’s Office, defense counsel, and relator’s counsel. Speakers will provide an overview of the law, exemplar cases, and areas of particular interest for the government, defense, and relator’s bar.
State Regulation, Compliance, and Enforcement: Large Nonprofit Hospital Systems
James Sheehan
Large nonprofit hospital systems have grown over the past ten years. The top ten systems now control over 750 hospitals, and are continuing to merge and consolidate. State regulators are looking more critically at these consolidations, particularly when they involve multistate systems. This session will examine key “bigness” governance, charitable mission, fiduciary and control issues for nonprofit hospital systems and recent investigative, regulatory, and enforcement trends.
All attendees will receive the course book as a digital download.
Recorded in September 2024.
Faculty
Kelly A. Walenda, Esq.
Kelly Walenda is SVP-Privacy Counsel for Thomas Jefferson University overseeing the Privacy Office for the clinical area as well as advising on privacy issues related to its health plans, and now various areas related to issues generally protecting PII (personally identifiable information). TJU owns 18 hospitals, multiple urgent care centers, over 50 primary and specialty care practices, as well as the Jefferson Health Plans. Ms. Walenda graduated from The Georgetown University Law Center and has been practicing for 30 years.
Marc S. Raspanti, Esq.
Mr. Raspanti is a Partner at Pietragallo Gordon Alfano Bosick Raspanti, LLP in Philadelphia. He is recognized as one of the most successful, skilled and experienced qui tam attorneys in the United States. Since 1989, Mr. Raspanti has litigated many complex and important federal False Claims Act cases. He has served as lead counsel for whistleblowers in false claims cases that have resulted in over $2.0 billion in recoveries for federal and state taxpayers. Mr. Raspanti was the lead counsel for whistleblowers in a number of successful false claims cases, including: United States ex rel. Lutz v. Laboratory Corporation of America Holdings, 2019 WL 236799 (D.S.C. Jan. 16, 2019)(resulting in a $19 million recovery for federal taxpayers); United States ex rel. Merena v. Smithkline Beecham Clinical Laboratories, 205 F.3d 97 (3d Cir. 2000) (resulting in a $334 million recovery for federal taxpayers); United States ex rel. Monahan v. St. Barnabas Health System, No. Civ. A. 02-5702 (D.N.J., June 15, 2006) (resulting in a $265 million recovery for federal taxpayers); and United States ex rel. Hunt v. Merck-Medco Managed Care, LLC, No. 00-CV-737 (E.D.Pa., Sept. 22, 2004) (resulting in a $185 million recovery for federal and state taxpayers). Mr. Raspanti is frequently invited to speak to audiences across the United States on the federal and state false claims acts. He serves as an Adjunct Professor of Law at Hamline University School of Law in Minnesota. Mr. Raspanti has also written a number of authoritative articles on federal and state false claims statutes, including: “Laboratory Fraud: What Was Old is New Again,” Compliance Today, June 5, 2023; “Are Courts Still the Best Place to Litigate a Qui Tam Action?” American Health Law Association, August 16, 2022; “International Whistleblowing Legislation and America’s False Claims Act,” CEP Magazine, January 6, 2020; “Vive La Différence? American and French Healthcare Fraud, Waste, And Abuse Laws,” Compliance Today, December 2, 2019; “The Impact of International Whistleblowing on Global Corporate Compliance,” CEP Magazine, November 25, 2019; “Why is Qui Tam Litigation Often So Difficult to Resolve?” AHLA Connections, September 2011; “The IRS’s Proposed Amendments to Its Informant Award Program,” The Legal Intelligencer, March 2, 2011; “Proposed SEC Rules Undermine Dodd-Frank’s Whistleblower Incentives,” The Legal Intelligencer, February 10, 2011; “Defense Contracting Fraud Prosecutions: Is the Past Prologue?” The Legal Intelligencer, July 29-30, 2010. He is a 1979 graduate of Villanova University and a 1984 graduate of Temple University School of Law. Philadelphia magazine has named Mr. Raspanti one of the best white collar criminal defense lawyers in Philadelphia, as well as a Pennsylvania Super Lawyer selected annually since 2004. He was selected as “Lawyer of the Year” for the Philadelphia Health Care sector for 2018 and 2024. In addition, in 2007-2014, he was listed as one of the Top 100 Pennsylvania Super Lawyers. He was also selected by his peers annually since 2006 as part of the Best Lawyers in America in the areas of Health Care Law Litigation and Qui Tam Law. In 2012, Mr. Raspanti was elected as a Fellow of the American College of Trial Lawyers, an organization devoted to recognizing outstanding civil and criminal trial lawyers in the United States and Canada. Mr. Raspanti is a member of the American Health Lawyers Association, the Federal Bar Association’s Qui Tam Section, the National Association of Criminal Defense Lawyers, The Pennsylvania Association of Criminal Defense Lawyers and the Health Care Compliance Association, as well as the American, Pennsylvania and Philadelphia Bar Associations. Within the American Bar Association, he currently serves as the National Co-Chair of the Criminal Justice Section White Collar Sub-Committee on Qui Tam Litigation.
Deborah W. Frey, Esq.
Deborah W. Frey has been an Assistant United States Attorney since 2018 in the Civil Division of the United States Attorney’s Office for the Eastern District of Pennsylvania. Prior to joining the office, AUSA Frey worked at two large international law firms for 14 years, defending corporations and individuals in healthcare fraud, securities fraud, and other white collar criminal matters. As an AUSA, she serves as counsel for the government in affirmative matters ranging from the prosecution of health care fraud to tax and civil rights matters, against both individual providers, hospital systems and Fortune 500 companies. AUSA Frey also represents the government in defensive matters including tort, constitutional tort, employment, and medical malpractice cases. AUSA Frey is the recent recipient of the Department of Justice’s Director’s Award for Superior Performance as an Assistant United States Attorney, for her extraordinary accomplishments in an array of civil matters, both affirmative and defensive. AUSA Frey was part of a team from her office, the U.S. Attorney’s Office for the Southern District of New York, and the Department of Justice-Civil Frauds that recently resolved a multi-year investigation into the Cigna Group’s Medicare Advantage program. In September 2023, the Cigna Group paid $172 million to resolve allegations that it violated the False Claims Act by submitting and failing to withdraw untruthful diagnosis codes for its Medicare Advantage Plan enrollees in order to increase its payments from Medicare. In addition, AUSA Frey led investigations into various responsible distributors and marketers of electroacupuncture P-Stim devices, which had cost Medicare over $100 million in billing. AUSA Frey successfully recovered millions with the most responsible parties, including 20-year exclusions for the most culpable individuals. In addition to this multi-year investigation, AUSA Frey has also successfully resolved numerous pharmacy fraud cases resulting in millions in recovery, as well as exclusion of the pharmacists and/or owners, and future oversight through integrity agreements. AUSA Frey has also successfully negotiated a civil rights resolution with a major hospital system for violations under the Americans with Disabilities Act (ADA). AUSA Frey has practiced under the False Claims Act for both the federal government and in private practice for over a decade. She provides a unique perspective on FCA matters since she has both prosecuted and defended individuals and corporations, large and small, in these matters.
Dennis G. Hursh, Esq.
Dennis Hursh, a veteran physicians’ lawyer, with over 40 years of health-law experience is a frequent lecturer on physician contracts to residency and fellowship programs and has spoken at events sponsored by the American Health Law Association, the American Osteopathic Association, the White Coat Investor, the American College of Rheumatology, the American Podiatry Association, and numerous health systems and physician organizations. A former contributing editor to Physicians News Digest, Dennis has authored several published articles on physician contractual matters and has literally “written the book” on physician employment agreement negotiation – “The Final Hurdle – A Physicians’ Guide to Negotiating a Fair Employment Agreement”. Dennis represents physicians in all 50 states in reviewing and negotiating employment agreements from both a legal and financial perspective. His firm, Physician Agreements Health Law, was the first law firm in the nation to focus exclusively on physician employment agreements and offers a fixed fee review of physician employment agreements to protect physicians in one of the biggest transactions of their careers. Dennis has also published information you may find useful in his Physician Contracts Blog, at https://pahealthlaw.com/physician-contracts-blog/ .
Daniel F. Shay, Esq.
Mr. Shay is an attorney with Alice G. Gosfield and Associates, P.C. His practice is restricted to health law and health care regulation focusing primarily on physician representation, fraud and abuse compliance, Medicare Part B reimbursement, and HIPAA compliance in the physician context. He also has a keen interest in intellectual property issues, including copyright, trademark, data control, and confidentiality. Applying this interest to the firm’s practice focus, he is especially involved in issues of provider ownership and control of their data, software license agreements, and the developing world of sharing and interface of healthcare data systems and the data within them. Mr. Shay received his Bachelor of Science degree cum laude in 2000 from Vanderbilt University and his juris doctorate degree from Emory University School of Law in 2003. Mr. Shay is a member of the Pennsylvania Bar and the American Health Law Association.
Daniel J. Hennessey, Esq.
Mr. Hennessey focuses his practice on health care and human service matters including tax, regulatory, corporate and transactional issues, and has represented health care systems, hospitals, human service providers, managed care organizations, accountable care organizations, clinically integrated provider networks, group purchasing organizations, post-acute care providers, medical laboratories, physician practices, pharmacies, and other health care and human service providers. He advises clients on a variety of issues involving fraud and abuse laws, tax-exempt organization matters, state and federal licensure and regulation of health care entities, human service providers and managed care organizations/insurance companies, corporate transactions, mergers and acquisitions, joint ventures, health care contracting, group purchasing and physician compensation. Mr. Hennessey has presented and written on various health care, regulatory and tax issues affecting the health care organizations including, among others, health care reform initiatives and new payment models, fraud and abuse matters, accountable care organizations, federal tax reform and tax exemption requirements for Section 501(c)(3) hospital facilities under Section 501(r) of the Internal Revenue Code. In law school, Mr. Hennessey served as a member of the George Mason Law Review and as Managing Editor of The Docket.
Brad M. Rostolsky, Esq.
Mr. Rostolsky is a member of Greenberg Traurig’s Health Care & FDA Practice in practicing in the area of health care and regulatory law. Mr. Rostolsky represents a range of clients in the health sector including hospitals, health plans, medical practices, pharmacies, long term care facilities, electronic health records providers, management companies, pharmaceutical manufacturers, and medical device companies. He regularly advises clients on virtually all aspects of health information privacy and security compliance under HIPAA and state law, and spends considerable time helping clients navigate the multi-specialty realm of digital health, including providing business structuring advice to facilitate pursuing desired operational outcomes without running afoul of regulatory constraints. Mr. Rostolsky also has deep experience guiding clients through significant privacy and security incident response and associated investigations. Mr. Rostolsky received his B.A. from Emory University, his Masters in Public Health from Emory’s Rollins School of Public Health, and his J.D. from the Duquesne University School of Law, where he was an editor of the Law Review. He is a past member of the Philadelphia Bar Association Business Law Section’s Executive Committee and co-chair of its Health Law Committee.
Henry M. Casale, Esq.
Henry M. Casale, B.S. University of Pittsburgh; J.D., University of Pittsburgh School of Law is a partner with the law firm of Horty, Springer & Mattern, P.C. in Pittsburgh, Pennsylvania and was a licensed pharmacist. He is a frequent editor of the Health Law Express, a weekly e-newsletter on health law developments and, with Hala Mouzaffar, presents The Kickback Chronicles on the firm’s Health Law Expressions podcast. He is an adjunct professor in the Carnegie Mellon University Master of Medical Management for Physicians Program, and has also served on the faculty of seminars sponsored by the firm, as well a meeting and seminar sponsored by numerous hospital, managed care, legal and physician organizations, including the Pennsylvania Bar Institute and the American Health Lawyers Association. Mr. Casale has been listed in The Best Lawyers in America and Pennsylvania Super Lawyers. He also co-authored, with Eric W. Springer, Hospitals and the Disruptive Health Care Practitioner: Is the Inability to Work With Others Enough to Warrant Exclusion?, 24 Duq. L.R.377 (1985). He has served as a member of the Board of Directors and a the President and Vice-President of the Society of Healthcare Attorney of Western Pennsylvania. He has also served as a member of the Health Law Section of the Allegheny County Bar Association.
James G. Sheehan, Esq.
James Sheehan is the Chief of the New York Attorney General’s Charities Bureau, which James oversees compliance and regulation of the nation’s largest Charities sector. From 2018-2025, he has supervised an enforcement case against the National Rifle Association. After a six-week trial, the civil jury found violations by the NRA of statutory whistleblower protections for 8 NRA officers and board members. Prior to this role, he was the New York City Human Resources Administration’s first Chief Integrity Officer, overseeing audit, investigations, and whistleblower compliance, for the nation’s largest social services agency. From 2007 to 2011, he was New York’s first Medicaid Inspector General, overseeing the country’s first mandatory compliance program, including whistleblower protection requirements. Prior to his New York public service roles, Mr. Sheehan was an Assistant and Associate US Attorney in the Eastern District of Pennsylvania, where he developed a nationally recognized program working with whistleblowers under the False Claims Act. During his career at the US Attorney’s Office, he also supervised attorneys defending whistleblower retaliation claims. He is a nationally recognized speaker on compliance and governance policies, and programs, and conflicts-of-interest. He has spoken on medicine, research, and institutional governance for twenty years at academic medical center programs such as NYU, Penn, Cleveland Clinic, AAMC, Harvard, and state and national bar, pharmaceutical, and accounting programs. He has been an instructor and course planner at the Department of Justice Advocacy Institute, the National Association of Attorneys’ General Training Institute, and the Medicaid Integrity Institute. He is a graduate of Swarthmore College and Harvard Law School.

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