Healthcare Transformers: A New Horizon...Quarles & Brady LLP; Jaya F. White, Partner, Quarles &...

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37 th Annual IAHA Health Law Symposium November 6, 2019 Union League Club Healthcare Transformers: A New Horizon

Transcript of Healthcare Transformers: A New Horizon...Quarles & Brady LLP; Jaya F. White, Partner, Quarles &...

  • 37th Annual IAHA Health Law Symposium

    November 6, 2019Union League Club

    Healthcare Transformers: A New Horizon

  • www.iahanet.org

    OFFICERSPresident Carolyn Metnick Akerman LLP [email protected]

    President-Elect Megan Rooney McDermott Will & Emery LLP [email protected]

    Vice President Lisa Katz Polsinelli, PC [email protected]

    Secretary Christopher Anderson JONES DAY® - One Firm Worldwide [email protected]

    Treasurer Nicholas Brescia Walgreen Co. [email protected]

    Executive Director Karen Harris Illinois Health and Hospital Association [email protected]

    DIRECTORSEarl Barnes, II AMITA Health [email protected]

    Limo Cherian K & L Gates, LLP [email protected]

    Deepali Doddi McDermott Will & Emery LLP [email protected]

    Gerald Griffith JONES DAY® - One Firm Worldwide [email protected]

    Linas Grikis Polsinelli, PC [email protected]

    Rick Hindmand McDonald Hopkins LLC [email protected]

    Joan Lebow Quintairos, Prieto, Wood & Boyer, PA [email protected]

    Gregory Rastatter UnityPoint Health [email protected]

    Kathy Roe Health Law Consultancy [email protected]

    Sam Siegfried Tempus Labs, Inc. [email protected]

    IAHA Headquarters: 275 N. York Street, Suite 201 Elmhurst, IL 60126 Phone: 630.433.4516

    2019 board of Directors

  • Dear IAHA Symposium Attendees –

    Thank you so much for joining us for the 37th Annual IAHA Health Law Symposium. We are delighted to have you here and are dedicated to making your time with us both worthwhile and enjoyable.

    We know that transformation can be scary. The theme of this year’s Symposium – “Healthcare Transformers: A New Horizon” highlights that even in the most chaotic and scariest of times, a new dawn bright with promise will eventually come. Our job as attorneys is to help our clients innovate, grow, and improve as they serve their patients, consumers, and constituents so that they can excel in this new era.

    We have tremendous speakers ready to share their insights with you on the issues that are critical to you and your clients. You can earn up to 7.25 CLE hours including 2 hours of professional responsibility credit. We also encourage you to take advan-tage of your time here to network with colleagues. This is a great opportunity to establish new connections and reconnect with old acquaintances.

    IAHA is honored to have very generous sponsors whose support keeps our registra-tion fees very reasonable. Please see the Sponsor List on page four and join us in thanking them.

    Again, we thank you for attending and we appreciate your continued support!

    Best wishes!

    Carolyn Metnick Megan Rooney Karen Harris 2019 President 2019 Symposium Chair Executive Director

  • 37th Annual IAHA Health Law Symposium

    Megan Rooney, Chair McDermott Will & Emery LLPChris Anderson JONES DAY® - One Firm Worldwide

    Earl Barnes AMITA Health

    Anne Brown The Health Law Counsel

    Stacey Callaghan Akerman LLP

    Limo Cherian K & L Gates, LLP

    Celeste Davis U.S. Dept Health and Human Services, OCR, Midwest Region (retired)

    Brad Dennis McDermott Will & Emery LLP

    Sandra DiVarco McDermott Will & Emery LLP

    Randall Fearnow Quarles & Brady LLP

    Linas Grikis Polsinelli, PC

    Rob Guenthner Oak Street Health

    Stephanie Kuhlmann Ann & Robert H. Lurie Children’s Hospital of Chicago

    Kelsey Leingang RUSH University Medical Center

    James Leventis theadvisgroup.com

    Michelle Lin Lin and Patel, LLC

    Jane McCahill McCahill Law Office

    Heather O’Shea JONES DAY® - One Firm Worldwide

    Nancy Paridy Shirley Ryan AbilityLab

    Patricia Pelaez Charles River Associates

    Aaron Perry Advocate Aurora Health

    Richard Prebil Richard L. Prebil, P.C.

    Ila Rothschild Law Office of Ila S. Rothschild

    Larry Singer Beasley Institute for Health Law and Policy

    Lisa Vandecaveye The Joint Commission

    Kyle Vasquez Polsinelli, PC

    Tania Yusaf Rush University Medical Center

    Patrick Zanayed McDermott Will & Emery LLP

    2019 Symposium committee

  • www.iahanet.org

    AMITA Health

    Akerman LLP

    Anderson, Rasor & Partners, LLP

    Beazley Institute for Health Law and Policy

    Charles River Associates

    Dentons US LLP

    Drinker Biddle & Reath LLP

    Duane Morris LLP

    Greensfelder, Hemker & Gale, P.C.

    Health Law Consultancy

    HealthCare Appraisers

    Hinshaw & Culbertson LLP

    Hogan Marren Babbo & Rose, Ltd.

    JONES DAY® - One Firm Worldwide

    K&L Gates

    Katten Muchin Rosenman LLP

    Liss & Lamar, P.C.

    Manatt, Phelps & Phillips, LLP

    McDermott Will & Emery, LLP

    Neal Gerber & Eisenberg, LLP

    Nixon Peabody LLP

    Perkins Coie LLP

    Pinnacle Healthcare Consulting

    Polsinelli, PC

    Quarles & Brady LLP

    Roetzel & Andress, LPA

    Saul, Ewing, Arnstein & Lehr, LLP

    2019 Symposium sponsorsA special thank you to this year’s Sponsors:

  • 37th Annual IAHA Health Law Symposium

    7:30am - 8:30am EarlyBird Session: Resilient Teams: Antidote to In-house Burnout Speaker: Paula Davis-Laack, Davis Laack Stress & Resilience Institute

    Session Description: While much of the research on resilience has focused on individuals, the vast majority of people in organizations work as part of a team. As such, research now reveals the importance of building resilience at the team level. Effective collaboration and innovation require that teams and leaders quickly adapt to a complex, stressful and changing business and legal environment. In this program, you will learn about the science of building a re-silient team along with specific research-based skills you can start to use with your own teams today.

    8:30am - 8:45am Break

    8:45am - 10:15am Dealing with the Death Gap: A Critical Discussion of Race, Ethnicity, and Socio-Economic Status on Health Moderator: Bob Morgan, Illinois House of Representatives, D-58th District Speakers: David A. Ansell, MD, MPH, Senior Vice President for Community Health Equity, Rush University Medical Center, Associate Provost for Community Affairs, Rush University; Sharon Homan, PhD, President of the Sinai Urban Health Institute; Niranjan S. Karnik, MD, PhD, Associate Professor, Department of Psychiatry, Rush Medical College; Associate Dean for Community Behavioral Health, Rush Medical College; Vice Chair for Innovation, Department of Psychiatry

    Session Description: Life expectancy can depend on factors such as diet and exer-cise, but race, ethnicity, and socio-economic status play a crucial role in deter-mining an individual’s life span. Our panelists will discuss why and how the life expectancy of a resident living in one part of a city versus another part of a city, sometimes only several miles apart on the same road, can differ by de-cades. The session will also focus on innovative activities already taking place to address this issue.

    10:15am - 10:30am Break

    10:30am - 11:45am Prepare to protect: responding to crisis Moderator: Kelley Yoder, Executive Vice President, Corporate Healthcare, Weber Shandwick Speakers: Celeste Davis, Former Regional Director, U.S. Department of Health and Human Services, Office for Civil Rights, Region V and Midwest Region; Marilyn Hanzal, Flatiron Health; Carolyn Metnick, Co-Chair, Privacy, Cybersecurity, & Emerging Technologies Team, Akerman, LLP

    Program

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    Session Description: Using Weber Shandwick’s proprietary, award-winning crisis simulation software, Fireball, this session will include a crisis simulation and panel discussion. The session, which will simulate the lifecycle of a real-world crisis, will showcase the ways in which compromised data could impact IAHA members and their clients. Through the Firebell platform, panel participants and the IAHA audience will be actively engaged in a real-time (yet fictitious) issue, escalating toward a reputational crisis requiring participants to defend the fictitious company against a real-time attack within a secure, controlled environment. Throughout the simulation, participants will replicate profiles of activists, antagonists, advocates, media and other stakeholders to help illus-trate how critical effective communication can be in helping to address and/or mitigate potential issues. The simulation will encourage real-time dialogue, exposing participants to challenging “media calls,” news stories, social chan-nel conversations and more.

    11:45am - 12:00pm Break

    12:00pm - 1:00pm Lunch Lunchtime Keynote PRESENTER: Sol Flores, Deputy Governor for Human Services

    1:00pm - 1:15pm Break

    1:15pm - 2:15pm Concurrent Sessions

    Concurrent I: Hospital Closures and Transformation – Advising the Hospital that Needs to Move On Speakers: Joe Ourth, Saul Ewing Arnstein & Lehr LLP; Tom Demmer, Illinois House of Representatives, R-90th District

    Session Description: When Pipeline Health System announced it would close the Westlake Hospital immediately after acquiring it, opponents fought to prevent closure in the courts, the media, at the Illinois Health Facilities and Services Review Board and through passing new legislation making discontinuation more difficult. In the same legislative session, the Illinois General Assembly passed $200 million in funding to encourage hospitals to “transform”. This session will explore government’s power to compel and incentivize hospital changes and how practitioners can advise hospitals in this regulatory environ-ment.

    Program

  • 37th Annual IAHA Health Law Symposium

    Concurrent II: Data Privacy and Emerging Technologies: Artificial Intelligence, Biometrics and Geolocation Information Speakers: Lindsey Dailey, Associate, Polsinelli, PC; Rebecca Girard, Senior Counsel, Walgreen Co.

    Session Description: This Session will set forth a comparative understanding of the regulatory frameworks governing privacy and data security in the US and in Europe, provide a basic understanding of emerging technologies and trends utilized in the healthcare setting, and explore big data challenges associated with the data protection principles embodied in domestic and internation-al laws like the GDPR and California’s Consumer Protection Act. During this Session, the speakers will address how to take advantage of emerging technol-ogies and how to implement best practices to comply with applicable privacy laws.

    Concurrent III: Partnership Alternatives Speakers: Courtney Midanek, Senior Vice President, Kaufman Hall & Associates, LLC; Kendra Aucker, President & CEO, Evangelical Community Hospital

    Session Description: As drivers of partnership activity have largely migrated from financial to strategic, increasingly innovative structures have emerged. Hear from a Health System leader and her financial advisor who worked closely with the Board and executive leadership to focus on the goals and mission of the Health System first, and let the structure follow those goals. This session will provide a description of the approach and transaction as well as the key ele-ments of success when utilizing complex deal structures.

    Concurrent IV: Green Illinois: One Midwestern State Charts Its Own Course on Recreational and Medical Cannabis Speakers: Luba T. Andrus, StellarMed Group, LLC; William A. Walden, Associate Quarles & Brady LLP; Jaya F. White, Partner, Quarles & Brady LLP

    Session Description: This year, the Illinois Legislature passed sweeping legislation ushering in retail sales of recreational cannabis, expanding and making perma-nent the state’s groundbreaking medical cannabis program, and allowing for expungement of many past criminal convictions. Our panel of experts will ana-lyze the new laws and discuss the impact on Illinois employers and healthcare providers, with special insight into the evolution of attitudes and practices among professionals concerning the provision of cannabis.

    Program

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    2:15pm - 2:30pm Break

    2:30pm - 3:00pm Lightning Rounds

    Lightning Round I: From Contracts to Courtrooms to Cutting Checks - How Providers Get Paid on Disputed Claims Speaker: Marcus Marrow, Attorney, Law Offices of Stephenson, Acquisto & Coleman

    Session Description: Is your A/R a mess? Are claims denials piling up? Does your client healthcare provider have an issue getting paid? Have no idea what any of this means? This session will explore the intricacies of healthcare reim-bursement and how providers can utilize the tools at their disposal to properly and timely get paid for the vital services they provide. Our speaker welcomes all experience levels whether you are an expert in revenue cycle matters or a law student wanting to know more about how providers keep the lights on.

    Lightning Round II: Blockchain in Healthcare Speaker: Robert A. Musiala Jr., Counsel, Baker & Hostetler LLP

    Session Description: There are various use cases for blockchain in the healthcare industry. These use cases range from managing pharmaceutical supply chain data and clinical trial data, streamlining the processes for healthcare insur-ance, and for patient healthcare records. Our speaker will provide an overview of blockchain and some of the noteworthy use cases in healthcare and the pharmaceutical industries, as well as what general counsel at hospitals and health systems, and outside counsel advising hospital executives, need to know about blockchain today.

    Lightning Round III: Avoiding a Bad Breakup: How to Divorce Your Entity from a Health Care Venture Speakers: Elizabeth LaRocca, Assistant General Counsel, American Medical Association; Valerie Breslin Montague, Partner, Nixon Peabody LLP

    Session Description: Avoid a bad marriage from the outset. This session will identify red flags to be mindful prior to entering into a potential arrangement, and explore options to allow for joint operational approvals and dispute reso-lution in hopes of preventing a parting of ways. The speakers also will discuss contracting tactics and corporate structuring options to facilitate a smoother unwind or exit.

    Program

  • 37th Annual IAHA Health Law Symposium

    Lightning Round IV: Fraud and Abuse in Telehealth: Application and Enforcement Speakers: Clay B. Wortham, Counsel, Dentons US LLP

    Session Description: This session will provide an overview and update on appli-cation and enforcement of fraud and abuse laws in the context of telehealth services. Our speaker will discuss how to navigate application of Federal fraud and abuse laws in the telehealth arena; update attendees on any current en-forcement actions; and discuss regulatory changes that may be on the horizon.

    3:00pm - 3:15pm Break

    3:15pm - 4:15pm Concurrent Sessions

    Concurrent V: Healthcare Workplace Violence: Legal and Risk Issues Speakers: Brian Fetzer, Shareholder/Treasurer, Johnson & Bell Ltd.; Michael C. Crane, CEO, Securisks; Barbara A. Giardino, West Region Manager of Risk Operations, Northwestern Medicine - Delnor Hospital

    Session Description: Our three industry experts will share very practical, real-world experiences involving healthcare workplace violence. This engag-ing panel will use the recently-enacted Illinois Healthcare Workplace Violence Prevention Act and other applicable laws to set the stage for a discussion of recent events that involved local healthcare providers and their respective workforces. A security expert will also discuss practical solutions that address key reoccurring security vulnerabilities.

    Concurrent VI: Artificial Intelligence - Evolving Legal Issues and Risk Mitigation Speaker: Marilyn Lamar, Partner, Liss & Lamar, P.C.

    Session Description: The increased use of artificial intelligence (AI) in healthcare raises important legal issues and opportunities to reduce risk. This session will focus on emerging legal issues and risk mitigation strategies in this rap-idly evolving field. The discussion will include: emerging theories of liability, possible insurance coverage, ownership of data and other intellectual property both pre-existing and ongoing, possible uses of client’s data in an AI product that will be used by client’s competitors, and HIPAA and other privacy / securi-ty issues. The importance of transparency and the elimination of bias will also be discussed.

    Program

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    Concurrent VII: Private Equity and Not-For-Profit Partnerships Speakers: Patrick J. Martinez, Partner, McDermott Will & Emery LLP; Julie P. Roknich, Vice President and Senior Associate General Counsel, Transactions, AMITA Health

    Session Description: As consolidation activity in the healthcare sector continues to accelerate, private equity funds and their healthcare platform companies are beginning to emerge as new, attractive partners for not-for-profit health systems looking for a competitive advantage when it comes to access to cap-ital and strategic growth. Although they may seem like strange bedfellows at first, recent transactions have demonstrated the potential for these new partnerships in helping small, unaligned systems stay afloat and relevant, and helping larger, market-leading systems gain access to strategic capital and management expertise and stay ahead of their competition. These unique partnerships, however, raise new and challenging legal issues, including com-plex deal structures, and financial, regulatory and tax hurdles.

    Concurrent VIII: legal and regulatory challenges to Value-Based Care SpeakerS: Thomas J. Babbo, Partner, Hogan Marren Babbo & Roge, Ltd.; Dr. Lee Sacks, Former Chief Medical Officer, Advocate Aurora Health

    Session Description: This session will cover the challenges of Medicare regula-tions and other healthcare laws to coordinated care and other value-based care delivery and payment arrangements.

    4:15pm - 4:30pm Break

    4:30pm - 5:30pm Diversity, Equity and Inclusion: Transforming Your Perspectives Speaker: Karen Friedman, Senior Manager of Access and Ability, Diversity & Inclusion, YMCA of the USA

    Session Description: Implicit biases have a direct impact on work environments and culture, on interactions between employees, and on client relationships. Diversity and Inclusion is increasingly being recognized as a business impera-tive. This session offers a framework for mitigating biases and invites you to explore your role in advancing diversity, equity and inclusion within your work and organization. Using the YMCA as a case study, the focus will be on how to apply a diversity and inclusion framework across multiple dimensions. Specif-ically, the speaker will discuss invisible disabilities, as well as strategies to mitigate bias, noting how when we understand our own biases, it allows us to create a welcoming and inclusive environment.

    5:30pm - 7:30pm Closing Reception

    Program

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    PLEASE SEND COMPLETED REGISTRATION FORM AND PAYMENT TO: Illinois Association of Healthcare Attorneys

    275 N. York St, Ste 201, Elmhurst, IL 60126 Phone: 630-433-4516

    Cancellation/Substitutions If you must cancel less than seven business days prior to the Symposium, a $75 service charge will apply prior to a refund. Registrants who do not cancel and do not attend must pay the entire fee. Registrants unable to attend the program may send an alternate person in their place, by modifying their online registration or by contacting the IAHA office. IAHA reserves the right to cancel or reschedule a session due to unforeseen circumstances. Registrants will be notified of cancellation prior to the symposium date.

    IAHA Financial Hardship Policy Registrants who cannot afford the Symposium may apply for a discounted registration fee. Please visit our website to review the policy. Americans with Disabilities Act IAHA wishes to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently from other individuals because of the absence of auxiliary aids and services. If you need any of the auxiliary aids or services identified in the Americans with Disabilities Act in order to attend, please call 630.433.4516.

    For additional Symposium information, contact: Kimberly LaBounty of the IAHA at 630.433.4516 or email: [email protected].

    37th Annual Health Law Symposium Registration Form