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  • Straight from the Source: Antitrust Implications and Lessons Learned from the Washington AG v. CHI Franciscan Case - On Demand Recording

    Recorded On: 05/30/2019

    Almost two years ago, healthcare providers and those in the antitrust bar sat up and took notice when the Washington Attorney General’s office filed a complaint against CHI Franciscan, alleging that the not-for-profit health system’s 2016 transactions with two Kitsap Peninsula physician groups violated the antitrust laws. The State’s lawsuit asked the Court to unwind both transactions and impose millions in civil penalties and equitable monetary relief for ill-gotten gains on all Defendants. The case was another reminder that antitrust enforcers will pay close attention to physician group acquisitions and affiliations regardless of size. But this case had a unique twist from its progeny: the State challenged one of the transactions as a per se illegal price fixing arrangement and the other as an illegal merger. This approach presented legal issues beyond those present in traditional merger challenges, such as the single entity defense and whether the court should apply the per se, quick look, or rule of reason analysis. This lawsuit was also filed as an AG-only action, unlike many healthcare merger challenges that involve both federal and state enforcers.

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    Almost two years ago, healthcare providers and those in the antitrust bar sat up and took notice when the Washington Attorney General’s office filed a complaint against CHI Franciscan, alleging that the not-for-profit health system’s 2016 transactions with two Kitsap Peninsula physician groups violated the antitrust laws.  The State’s lawsuit asked the Court to unwind both transactions and impose millions in civil penalties and equitable monetary relief for ill-gotten gains on all Defendants.  The case was another reminder that antitrust enforcers will pay close attention to physician group acquisitions and affiliations regardless of size.  But this case had a unique twist from its progeny:  the State challenged one of the transactions as a per se illegal price fixing arrangement and the other as an illegal merger.  This approach presented legal issues beyond those present in traditional merger challenges, such as the single entity defense and whether the court should apply the per se, quick look, or rule of reason analysis.  This lawsuit was also filed as an AG-only action, unlike many healthcare merger challenges that involve both federal and state enforcers.
     
    Our panel includes lawyers for both the State and Defendants, and promises to provide an “in the trenches” vantage point on the key issues of the case, such as: 

    • Why does structure of a physician group transaction matter?
    • What’s evidence of anticompetitive harm?
    • What’s the relevance of a physician group that’s in poor financial condition?
    • Is Kaiser part of the relevant market?
    • How important is a strong structural case? (high market shares / concentration level)  

    This program is a “must” for healthcare antitrust lawyers and for anyone interested in hospital-physician transactions.

    Level of Difficulty: Intermediate

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Antitrust Practice Group

    Douglas E. Litvack

    Partner

    Davis Wright Tremaine LLP
    Washington, DC
    Bio

    Erica Koscher

    Assistant Attorney General

    Washington State Office of the Attorney General
    Seattle, WA

    ​Ashley M. Fischer (Moderator)

    Partner

    McDermott Will & Emery LLP
    Chicago, IL
    Bio

  • 2019 Fair Market Value Webinar Series, Part III - On Demand Recording

    Recorded On: 05/29/2019

    Valuing Health Care Real Estate Interests: FMV Issues in Leases, Timeshares, and other Real Estate Transactions

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    Topic: Valuing Health Care Real Estate Interests: FMV Issues in Leases, Timeshares, and other Real Estate Transactions

    This webinar is the result of collaboration between the AHLA’s Real Estate and FMV affinity groups. The webinar panel will bring together top legal and valuation experts to discuss the requirements of FMV and commercial reasonableness in connection with health care real estate. The webinar will include an overview of an updated version of the AHLA’s popular Health Care Real Estate Toolkit. Issues covered in the webinar will include:

    • The mechanics of the Stark Law exceptions applicable to health care real estate transactions, including timeshared space
    • Approaches (both internal and external) for determining and documenting FMV and commercial reasonableness in real estate transactions;
    • Pitfalls and lessons learned from recent health care regulatory and enforcement actions involving real estate; and
    • An overview of the updated Health Care Real Estate FMV Toolkit.

    Level of Difficulty: Intermediate 

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Fair Market Value Affinity Group

    Partnering AHLA Group

    • Hospitals and Health Systems Practice Group
    • Real Estate Affinity Group

    Terri W. Cammarano (Moderator)

    General Counsel

    Cedars-Sinai
    Bio

    Josh (Joshua) Mistler

    Assistant General Counsel

    Mercy Health
    Bio

    Victor McConnel

    Appraiser

    VMG
    Bio

    Goran Musinovic, J.D.

    Vice President of Compliance

    Hospital & Health Care
    Realty Trust Group, LLC
    Knoxville, TN
    Bio

    Andrew Dick

    Attorney

    Hall Render
    Indianapolis, IN
    Bio

  • Conducting Peer Review Under PSQIA Protection - On Demand Recording

    Recorded On: 05/28/2019

    This Webinar will discuss the statutory and regulatory framework that supports using Patient Safety and Quality Improvement Act (PSQIA) protection for professional peer review, and will address the impact of emerging case law on those protections. In addition, we will provide real-world examples of how peer review is being protected successfully under the PSQIA, and offer practical “dos and don’ts” for providers seeking to use PSQIA protection for professional peer review.

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    We do not apply for CLE credit or issue CLE certificates for our past programs and webinar recordings. Please check with your State Bar as to whether self-study credits can be awarded - CLE credit may be obtained by applying directly to the attorney’s state accrediting body, but approval is not guaranteed and is at the discretion of said accrediting body.

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    This Webinar will  discuss the statutory and regulatory framework that supports using Patient Safety and Quality Improvement Act (PSQIA) protection for professional peer review, and will address the impact of emerging case law on those protections.  In addition, we will provide real-world examples of how peer review is being protected successfully under the PSQIA, and offer practical “dos and don’ts” for providers seeking to use PSQIA protection for professional peer review.

    Level of Difficulty: Intermediate

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Medical Staff, Credentialing, and Peer Review Practice Group

    ​Robin Locke Nagele (Moderator)

    Principal & Co-Chair

    Health Care Practice Group
    Post & Schell PC
    Philadelphia, PA
    Bio

    Peggy Binzer, JD.

    Executive Director

    Alliance for Quality Improvement and Patient Safety
    Bio

    Evelyn Baram Clothier, Ph.G, JD.

    Executive Director

    American Medical Foundation for Peer Review and Education


    Evelyn Baram-Clothier, a pharmacologist and attorney, has been involved in legal medicine and peer review since 1971.  Until 1986, she was the Executive Director for a group of 250 physician attorneys who acted as a national malpractice-screening panel, which became the first national consulting firm in medical staff peer review.  In the field of medical litigation, she was the managing partner of a law practice of physician-attorneys and was consultant and co-counsel to some of the nation’s leading trial lawyers until 1985.   
     
    In response to the enactment of HCQIA in 1986, she partnered with Dr. Richard Wilbur, the Executive Vice President of the Counsel of Medical Specialty Societies, to form the American Medical Foundation for Peer Review & Education (AMF), a 501-C3 non-profit national foundation, devoted to hospital and medical staff peer review and onsite physician education through its Division, The Foundation for Advanced Medical Education (FAME).  

    Evelyn Baram-Clothier has extensive experience in the design and implementation of peer review in virtually every specialty of medicine and surgery.  She administers practice reviews of individual physicians, specialty departments and helps to create hospital-wide systemic improvements with medical staff leadership to effectively address complex peer review issues. Working with many different medical and surgical specialists, she has improved the quality of care through peer review in thousands of hospitals nationwide.  AMF is the only non- profit organization experienced in the unique problems of academic institutions, such as department reorganization and the complex attending and residency issues.

    She has been responsible for the peer review of catheterization laboratories, major cardiac surgical and other surgical services, emergency departments, pathology and radiology departments and other service lines hospital wide. She has assisted hospitals and attorneys in various investigations involving Medicare issues and OIG related matters. AMF has served as the Institutional Review Organization for a hospital under a Corporate Integrity Agreement.

    She has chaired several national programs on hospital administration and liability, peer review, malpractice and medical products liability and preventive law, for ALI-ABA, and is a life member of the American Law Institute. She is AV rated with Martindale-Hubbell.  

    She chaired the first "Anglo-American Conference on Medical Standards, Peer Review, Audit and Accountability” for the Royal Society of Medicine London 1990. She is a Fellow of the Royal Society of Medicine and for many years was Vice President of its Foundation.

    She is a Fellow of the  American Academy of Forensic Sciences, was Chairman of its General Section and Program Chairman: "The Second Gun," Forensic Examination into the Death of Robert F. Kennedy; sponsored by the American Academy of Forensic Sciences, Chicago 1975.

    She was Chairman: of the first  "National Conference on Medical Devices and Drugs." in March 26, 27, 1976 , during the formation of the Bureau of Medical Devices and became the Consumer Representative for the Department of Health, Education and Welfare, Bureau of Medical Devices: Neurological Device Classification Panel, 1978-1981.

    In 1985, she was appointed by President Ronald Reagan to be the United States Delegate to the International Conference on Drug Abuse and Illicit trafficking in Vienna.

    Recent Lectures

    (Complete list upon request)

    Keynote Speaker: The Federation of State Medical Boards 100th Anniversary Meeting, the Bryant Galusha Lecture, “The Benefits of Telementoring on Post Graduate Physician Education, Patient Outcomes and Patient Safety, April 28th 2012.
    Keynote Address: “Telementoring and Post Graduate Physician Education”, the Annual Meeting of the Council of Medical Specialty Societies, November 19, 2012.
    Presentation at the 3rd International Conference on Transforming Healthcare and IT Meeting, Hyderabad, India, “The Benefits of Telementoring on Post Graduate Physician Education, Patient Safety and Patient Outcomes”, August 2012.
    Presentation to the Medical and Surgical Staff, Ganga Ram Hospital, New Delhi, India.  The Benefits of Telementoring on Post Graduate Physician Education, Patient Safety and Patient Outcomes”, September 2012.

    Bibliography
    (Complete list upon request)
    "Multiple Drug Therapy-Is There a Standard of Care? Journal of Legal Medicine, . 1977,.
    "Multiple Drug Therapy- Is There a Standard of Care?" The Influence of Litigation of Medical     Practice, Royal Society of Medicine, London, May 1977
    "Peer review in the USA-an old concept and a new method" International Congress and Symposium Series Medical Audit and Accountability, Royal Society of Medicine Service Limited, London, New York, 1992.
    .“The Society of Thoracic Surgeons/American Association for Thoracic Surgery Off-Pump     Training Program”  Richard P. Anderson, MD, Meghan Carey, MSW, Evelyn Baram-    Clothier, JD, Michael J. Mack, MD, and Bruce W. Lytle, MD.  The Annals of Thoracic     Surgery, 2005.
    Siegle, Robert L, Baram, Evelyn M, Reuter, Stewart, R, Clarke, Ewell A, Lancaster, Jack L., McMahan, C Alex: Rates of disagreement in imaging interpretation in a group of community hospitals. Acad. Radiol., 1998; 5:148-154
    Merritt C, Baram-Clothier E: Image interpretation discrepancy rates measured by external peer review. Presented at Meetings of the American College of Radiology (2010) and the Amer¬i¬can Roent¬gen Ray Soci¬ety in (2011) Publication Pending
    Anderson, Richard P, Carey, Meghan, Baram-Clothier, Evelyn, Mack, Michael J, Lytle, Bruce W: The Society of Thoracic Surgeons/American Association for Thoracic Surgery Off-Pump Training Program. The Annals of Thoracic Surgery, accepted for publication, 2005

    Eisenhauer A, Cutlip D, Baram-Clothier E: Making Peer Review Painless. Cath Lab Digest, June 2013; 21(6):10-14
    Baram-Clothier E. Editor: Surgical Telementoring News. 2015
    Nguyen N, Okrainec A, Anvari M, Smith B, Meireles O, Gee D, Moran-Atkin E, Baram-Clothier E, Camacho D: Sleeve gastrectomy telementoring: a SAGES multi-institutional quality improvement initiative, Surg Endosc, July 2017; 1-6

  • MSCPR and National Association Medical Staff Services (NAMSS) Webinar Series, Part I - On Demand Recording

    Recorded On: 05/23/2019

    Physician Burnout and the Physician Well-Being Committee (PWBC)

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    How does physician fatigue and burn out contribute to quality/safety issues, disruptive conduct, impairment and other medical staff challenges?   This Webinar will address the legal and practical challenges arising from physician burnout, and what gets hospitals and physicians into trouble.  It will provide practical pointers on the design and operation of a Physician Well Being Committee as a means of addressing these issues on the medical staff.

    Level of Difficulty: Intermediate

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Medical Staff, Credentialing, and Peer Review Practice Group

    Partner(s):

    • National Association Medical Staff Services (NAMSS)

    Barbara Blackmond (Moderator)

    Partner

    Horty Springer & Mattern PC
    Pittsburgh, PA
    Bio

    Lou Ann Brindle

    NAMSS - National Association Medical Staff Services
    Pittsburgh, PA
    Bio

    Michael Genovese, MD JD

    Genovese Medical

    Nashville, TN
    Bio

    Casey Duhart, Esq.

    Associate

    Waller Lansden

    Nashville, TN
    Bio

  • Digital Therapeutics: Emerging Legal, Regulatory, and Ethical Issues - On Demand Recording

    Recorded On: 05/22/2019

    Evidence-based digital therapeutics promise to improve health care quality, outcomes, and value through the use of advanced technology and data-driven interventions.

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    This session will cover the following:

    • Evolving business models for digital therapeutics companies (and associated legal/regulatory issues)
      • direct-to-consumer
      • Digital providers/ .
      • partnerships/business arrangements (several examples of partnerships/business arrangements between big pharma, big data, payors, and startups)
    • Areas of Medicine Best Positioned for Digital Therapeutics
      • chronic diseases/behavioral
      • high-data/multifactorial diagnoses
      • other
    • Key legal/regulatory issues for digital therapeutics companies (FDA, FTC, privacy and security, fraud and abuse, and reimbursement)
    • Physician/Provider Use of Digital Therapeutics (and associated legal/regulatory issues)
      • standard of care
      • agreements between physicians/providers and digital therapeutics companies

    • Digital therapeutic providers supplying healthcare: contracting, status, obligations, risks. {This may be subsumed in "key legal/regulatory issues}.
    • The Future of Digital Therapeutics
      • emerging legal/regulatory and ethical issues (and some predictions)

    Level of Difficulty: Advanced

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Life Sciences Practice Group

    Ryan Johnson

    Attorney

    Fredrikson & Byron, P.A.
    Minneapolis, MN
    Bio

    Lucia Savage

    Chief Privacy & Regulatory Officer

    Omada Health
    Bio

  • Leveraging LinkedIn: Optimizing the Tool for Leads - On Demand Recording

    Recorded On: 05/21/2019

    Learning objectives include: How to make a great first impression What profile content matters? How to monitor your profile's performance How you should be networking within LinkedIn Additional tactics to leverage this tool

    Time: 12:00-1:00 PM Eastern (90 minutes)
    Format: Live Webinar
    Topic:       

    Learning objectives include:

    • How to make a great first impression
    • What profile content matters?
    • How to monitor your profile's performance
    • How you should be networking within LinkedIn
    • Additional tactics to leverage this tool

    Note: No CLE offered for this course.

    Content Lead:

    • Governance Affinity Group and AHLA

    Leslie Lewis

    Director of Client Service

    Willow Marketing
    Indianapolis, IN
    Bio

  • The General Counsel Series Part II - On Demand Recording

    Recorded On: 05/16/2019

    Contract Management and Compliance Best Practices

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    This webinar will discuss record retention, policies, Fair Market Value documentation, enforcements, technology, turnaround times, policies, coordinating with compliance departments and much more.

    Level of Difficulty: Intermediate

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • In-House Counsel Practice Group

    Partners:

    • Public Health System Affinity Group
    • Business Law and Governance Practice Group
    • Fair Market Value Affinity Group

    David H. Ellenbogen

    General Counsel

    Scott & White Health Plan
    Austin, TX 

    Andrea Ferrari JD, MPH

    Partner

    Health Care Appraisers
    Boca Raton, FL
    Chair, Public Health Systems Affinity Group
    Bio

    Sarah Swank (Moderator)

    Counsel

    Nixon Peabody LLP
    Washington, DC
    Bio

    Alaina N. Crislip, MPH, JD,

    Associate General Counsel

    Thomas Health System, Inc.
    Charleston, WV
    Bio

  • Disaster Preparedness and Response Webinar Series part III - On Demand Recording

    Recorded On: 05/15/2019

    Hard at Work: Managing Employee and Workforce Questions During and in the Aftermath of a Disaster

    Time: 90 minutes
    Format: On Demand Webinar
    Topic: Hard at Work: Managing Employee and Workforce Questions During and in the Aftermath of a Disaster

    This session will include discussion of legal questions and controversies related to post-disaster worker housing, hygiene, work schedules, working conditions, pay (including how and when workers get paid), terms and conditions of employee financial assistance, and special considerations such as allowances for and accommodations for family and pets.

    Note: No CLE offered for this course.

    Content Lead:

    • Public Health System Affinity Group

    Partner(s):

    • Academic Medical Centers and Teaching Hospitals Practice Group
    • Business Law and Governance Practice Group
    • Children’s Health Affinity Group
    • Hospitals and Health Systems Practice Group
    • In-House Counsel Practice Group
    • Real Estate Affinity Group

    Charles Engeman

    Shareholder

    Ogletree, Deakins, Nash, Smoak & Stewart, LLC (USVI)
    St. Thomas, USVI
    Bio

    Gena Peyton

    Assistant General Counsel

    Sutter Health
    Sutter Santa Rosa Hospital
    Santa Rosa, CA

    Andrea Ferrari JD, MPH (Moderator)

    Partner

    Health Care Appraisers
    Boca Raton, FL
    Chair, Public Health Systems Affinity Group
    Bio

    Aletheia Lawry

    Associate

    General Counsel Honor Health (formerly of Gulf Coast Medical Group)

    Scottdale, AZ
    Bio

  • Implementation of the Sessions, Brand, and Granston Memos - On Demand Recording

    Recorded On: 05/14/2019

    Please join our distinguished panel of thought leaders at the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services, and the U.S. Department of Labor for an in-depth discussion of the Sessions, Brand, and Granston Memos.

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    Please join our distinguished panel of thought leaders at the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services, and the U.S. Department of Labor for an in-depth discussion of the Sessions, Brand and Granston Memos.  On November 16, 2017, the Sessions Memo set forth the DOJ’s new policy that it would no longer issue any kind of binding sub-regulatory guidance without undergoing the notice and comment rulemaking process.  The Brand Memo, issued on January 24, 2018, then instructed DOJ attorneys not to use their affirmative civil enforcement authority to convert other agencies’ subregulatory guidance into rules that could be used to establish a violation of law.  These two memos, along with the January 10, 2018 Granston Memo, which set forth the factors to be used by federal prosecutors to dismiss qui tam FCA cases, together represent an important shift in how the False Claims Act will be enforced.

    Level of Difficulty: Intermediate

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Payers, Plans, and Managed Care Practice Group

    Brian Stimson

    Principal Deputy General Counsel

    U.S. Department of Health and Human Services

    Stephen Cox

    Deputy Associate Attorney General

    US Department of Justice
    Houston, TX
    Bio

    Tim Taylor

    Deputy Assistant Secretary for Policy

    U.S. Department of Labor
    Washington, DC
    Bio

  • Arbitrator Conflicts and Disclosures - On Demand Recording

    Recorded On: 05/09/2019

    Understanding what is an arbitrator conflict and what must be disclosed has become increasingly complex in the dispute resolution field. Speakers will discuss 1. How to determine if a conflict exists. We will address rules, statutes, and caselaw regarding definitions, and particularly "evident partiality." 2. What to disclose and how to disclose it without breaching client or matter confidentiality. 3. We will discuss not only the consequences of non disclosure, but also the importance of both the appearance and the reality of total neutrality and lack of bias in the arbitral process. 4. We also will address conflicts arising out of matters handled by other lawyers in the prospective arbitrator's law firm, what must be disclosed, how to search for potential conflicts, and confidentiality issues.

    Time: 90 minutes
    Session Format: On Demand Recording
    CLE Credit Available:  No

    For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

    Understanding what is an arbitrator conflict and what must be disclosed has become increasingly complex in the dispute resolution field. Speakers will discuss 

    1. How to determine if a conflict exists. We will address rules, statutes, and caselaw regarding definitions, and particularly "evident partiality." 
    2. What to disclose and how to disclose it without breaching client or matter confidentiality. 
    3. We will discuss not only the consequences of non disclosure, but also the importance of both the appearance and the reality of total neutrality and lack of bias in the arbitral process. 
    4. We also will address conflicts arising out of matters handled by other lawyers in the prospective arbitrator's law firm, what must be disclosed, how to search for potential conflicts, and confidentiality issues.

    Level of Difficulty: Intermediate

    • AHLA Member: $99
    • Non-AHLA Member: $149

    Content Lead:

    • Alternative Dispute Resolution

    Partner(s):

    • Healthcare Liability & Litigation Practice Group

    John Allen Chalk, Esq.

    Principal

    Whitaker Chalk
    Bio

    Jim Purcell, Esq.

    Independent Mediator and Arbitrator

    Jim Purcell ADR Principal
    Hyannis, MA
    Bio