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21^st Annual

Health Law Conference

Houston Apr 15, 16-17, 2009 Four Seasons Hotel
optional Wed Evening session
Conference Concluded

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Overview

A nationally-recognized faculty highlights upcoming legislative and policy initiatives at State and Federal levels. Join experts for practical strategy sessions on health care transactions (including sample forms and clauses), recovery audits, compliance issues, and more.

Highlights include:
• Wednesday evening options: (1) primer; (2) in-house counsel; or (3) compliance officers
• Definitive Health Law Year-in-Review with Beth Schermer
• Luncheon Table Topics—see registration form to select topic and register
• Engagement letters, enforcement, compliance, and self-disclosure—over 2 hours of ethics
• Hospital or Physician break-out tracks
• Multiple networking opportunities during breakfasts, lunches, and the Thursday reception

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Time

Credit

Subject

Speaker
Wednesday Evening, Apr. 15, 2009
6:00 pm

Registration Opens

Concurrent Sessions

* Optional: Additional fee. Please select session on registration form.
Health Law Primer
7:00 pm

2.00 hrs

Health Law Primer

This session provides an introduction to basic health law, with emphasis on fraud abuse, managed health care, and Medicare reimbursement issues.

Marie C. Berliner, Lambeth & Berliner PLLC - Austin, TX
Kenneth J. Kramer, Texas Health Resources - Arlington, TX
In-House Counsel Issues
7:00 pm

2.00 hrs
0.50 hr ethics

In-House Counsel Issues

This session is limited to in-house counsel and is intended to include free discussion between panelists and participants. Topics covered include medical staff and credentialing issues (including codes of conduct, disputes over scope of practice, and dealing with aging practitioners), labor and employee relations issues (including union organizing), medical liability litigation trends, Federal policy and health care reform issues, retail medicine and institutional medical delivery issues, and other topics of current interest for in-house counsel.

Moderator:
Michael J. Regier, VHA Inc. - Irving, TX
Panelists:
James Gilman, Methodist Healthcare System - San Antonio, TX
Panelists:
Margaret O'Donnell, Christus Health - Houston, TX
Compliance Officers
7:00 pm

2.00 hrs
0.50 hr ethics

Compliance Officers: Reporting Responsibilities, Legal and Ethical Issues

A facilitated discussion of the current legal and ethical dilemmas that compliance officers and compliance programs face. The session also covers the role of the compliance officer in reporting issues to various entities, both internal and external to the organization.

Audrey T. Andrews, Tenet Health System - Dallas, TX
Brian Beard, Tomball Regional Medical Center - Tomball, TX
Allyson Kinzel, The University of Texas M.D. Anderson Cancer Center - Houston, TX
9:00 pm

Adjourn

Time

Credit

Subject

Speaker
Thursday Morning, Apr. 16, 2009
Presiding Officer:
David W. Hilgers, Brown McCarroll, L.L.P. - Austin, TX
7:45 am

Registration Opens

Includes continental breakfast
8:35 am

Welcoming Remarks

Jerry A. Bell, Austin TX
Note early 8:45am start time.
8:45 am

0.50 hr

State Legislative Update

An overview of key issues that impact health care being debated by the Texas Legislature, including the state budget.

John Hawkins, Texas Hospital Association - Austin, TX
9:15 am

0.75 hr

Federal Health Policy Update

A discussion of upcoming health care initiatives of the Obama administration; what's ahead and what's likely to be enacted this year.

John Hawkins, Texas Hospital Association - Austin, TX
10:00 am

Break
10:15 am

1.00 hr

Quality of Care Issues

The government regulators and private sector participants are demanding health care providers increase their quality of care. What are the market and regulatory forces behind this change? What are the liability and regulatory risks for health care providers?

Steven M. Berkowitz, St. David's HealthCare - Austin, TX
11:15 am

1.00 hr
0.25 hr ethics

Health Law Year-In-Review

An overview of important health care developments in the past year, including regulatory changes, politics and policy initiatives.

Beth Schermer, Coppersmith Gordon Schermer & Brockelman PLC - Phoenix, AZ
Thursday Afternoon, Apr. 16, 2009
Presiding Officer:
Mary M. Bearden, Brown & Fortunato, P.C. - Amarillo, TX
12:15 pm

Luncheon Break-Out Sessions

Discussion groups with conference faculty and registrants.
See registration form to purchase tickets and select a Table Topic.
Topic A: Hospital-Physician Deals
12:30 pm

0.50 hr

Hospital-Physician Deals
Topic B: Compliance and Self-Disclosure Issues
12:30 pm

0.50 hr

Compliance and Self-Disclosure Issues
Topic C: Physican Profiling and Economic Credentialing
12:30 pm

0.50 hr

Physician Profiling and Economic Credentialing
Topic D: Options for Providers in Recessionary Times
12:30 pm

0.50 hr

Options for Providers in Recessionary Times
1:00 pm

Break
Concurrent Break-Out Sessions

Please select track on order form.
Track A: Hospital Issues
1:15 pm

0.75 hr

Current Tax Issues Involving Nonprofits: Focus on the New Form 990

This session examines current issues affecting tax-exempt health care providers, including the new Form 990 reporting requirements covering executive compensation, governance, and community benefits.

R. Todd Greenwalt, Vinson & Elkins L.L.P. - Houston, TX
2:00 pm

0.75 hr

Recovery Audits

CMS is in the process of implementing the newest weapon in its arsenal, the Recovery Audit Contractors (RAC) program. RACs are incentivized to find and recoup claims paid by Medicare that fail to meet requisite coverage criteria. This presentation provides an overview of the RAC process and associated target dates for implementation and includes a discussion of the results from the demonstration project and the lessons learned.

Denise Michelle Fletcher, Brown & Fortunato, P.C. - Amarillo, TX
Brian G. Flood, KPMG LLP - Austin, TX
2:45 pm

0.75 hr

The Practical and The Possible: Some Sensible Solutions to Operational and Peer Review Problems

A discussion of important sections from various agreements, policies and procedures, bylaws, credentialing manuals and consent forms as they relate to key operational and peer review problems. The laws impacting these sections are also included in the discussion. The handouts for this "nuts and bolts" session include sample provisions from relevant health care documents that can be adapted and used by audience participants.

Moderator:
Mary M. Bearden, Brown & Fortunato, P.C. - Amarillo, TX
Panelists:
J. Richard Cheney, The Methodist Hospital System - Houston, TX
Panelists:
Rosemaria Levinsky, Hendrick Medical Center - Abilene, TX
3:30 pm

0.00 hr ethics

Concurrent Break-Out Sessions end

Return to General Session
Track B: Physician Issues
1:15 pm

0.75 hr

Hospital/Physician Arrangements: Two Sides to Every Story

An examination of hospital/physician arrangements, including a point-counterpoint between hospital and physician perspectives. The session discusses practical approaches to resolving ten hot button issues, and includes sample provisions from relevant contracts and documents that can be adapted and used by audience participants.

Debbi M. Johnstone, Fulbright & Jaworski L.L.P. - Houston, TX
Stuart Farrell Miller, Strasburger & Price, LLP - Houston, TX
2:00 pm

0.75 hr

Innovative Payment Arrangements

This session includes CMS's and commercial payors' move to value-based purchasing (refusal to pay for certain Hospital-Acquired Conditions or never events, pay-for-performance to reward high-performance providers) as well as spillover to managed care payment arrangements (higher out-of pocket costs for patients through tiering, out-of-network reimbursement, usual and customary pricing, payment denials, etc.)

Elizabeth N. Rogers, Vinson & Elkins L.L.P. - Austin, TX
2:45 pm

0.75 hr

Physician Employment Agreements

A discussion of key issues in physician employment arrangements, e.g. "standard and unique" and review and analysis of typical contract provisions. Sample contract provisions included in materials.

Sheryl T. Dacso, Brown McCarroll, L.L.P. - Houston, TX
Patrick Owens, Strasburger & Price LLP - Dallas, TX
3:30 pm

0.00 hr ethics

Concurrent Break-Out Sessions end

Return to General Session
3:45 pm

0.50 hr

Managed Care Today: Current Trends and Challenges

Employers, health plans and governmental agencies are once again looking to managed care to lower healthcare costs, increase the quality of care, and increase access for the uninsured. Will it be deja vu all over again?

Hal S. Katz, Brown McCarroll, L.L.P. - Austin, TX
4:15 pm

1.00 hr

Setting the Legal GPS System: Stark and Fraud and Abuse Developments

A review of key Stark and Fraud and Abuse developments and hot spots, including how to respond to situations involving Stark noncompliance, periods of dis-allowance, repayment obligations and self disclosure. The session also addresses regulatory developments for P4P and shared savings programs under Stark, Anti-Kickback and CMP provisions and the restructuring of "under-arrangements" transactions under recent amendments to the Stark Law.

Donna Schmerin Clark, Baker & Hostetler LLP - Houston, TX
Beth Schermer, Coppersmith Gordon Schermer & Brockelman PLC - Phoenix, AZ
5:15 pm

Adjourn to Sponsored Reception

Time

Credit

Subject

Speaker
Friday Morning, Apr. 17, 2009
Presiding Officer:
Jerry A. Bell Jr., Fulbright & Jaworski L.L.P. - Austin, TX
8:00 am

Conference Opens

Includes continental breakfast
8:30 am

0.75 hr

Corporate Practice of Medicine, Nonprofit Health Organizations and Hospital Employed Physicians

A discussion of issues affecting nonprofit health organizations (formerly known as 5.01(a) organizations), including governance, practice management, tax exemption and developments in the prohibition on the corporate practice of medicine, as well as an overview of requirements for the formation of nonprofit health organization.

Jennifer B. Claymon, Davis & Wilkerson, P.C. - Austin, TX
Bernard A. Duco Jr., Memorial Hermann Healthcare System - Houston, TX
9:15 am

0.75 hr

Operational Impact of Significant Cases

A discussion of key legal developments affecting health care operations, e.g. Poliner, Kedlec, and other significant cases. The session also covers credentialing and issues impacting hospitals and health care providers. Written materials contain a comprehensive review of recent decisions affecting the liabilities and duties of health care providers.

Yvonne K. Puig, Fulbright & Jaworski L.L.P. - Austin, TX
10:00 am

Break
10:15 am

1.00 hr ethics

Engagement Letters-Sandbags against the Tide

Engagement letters and their impact on protecting against malpractice. Good checklists and covers fees, conflicts and confidential information are covered.

Thomas H. Watkins, Brown McCarroll, L.L.P. - Austin, TX
11:15 am

1.50 hrs
0.50 hr ethics

Enforcement and Compliance Panel, Including Self-Disclosure Issues

A discussion of current Medicare and Medicaid enforcement initiatives, including recent judicial interpretations of the False Claims Act (FCA); the Grassley/Baucus FCA "corrections" legislative proposal and parallel State FCA actions. The session also explores strategies for assessing internal compliance and minimizing FCA risks, and as well as, self-disclosure, advisory opinion, and other proactive approaches for providers.

Moderator:
Gary W. Eiland, King & Spalding - Houston, TX
Panelists:
Gregory M. Luce, Skadden, Arps, Slate, Meagher & Flom LLP - Washington, DC
Panelists:
James G. Sheehan, Office of the Medicaid Inspector General - Albany, NY
12:45 pm

Adjourn

Download Schedule

Conference Faculty

Audrey T. Andrews

Tenet Health System
Dallas, TX

Brian Beard

Tomball Regional Medical Center
Tomball, TX

Mary M. Bearden

Brown & Fortunato, P.C.
Amarillo, TX

Steven M. Berkowitz

St. David's HealthCare
Austin, TX

Marie C. Berliner

Lambeth & Berliner PLLC
Austin, TX

J. Richard Cheney

The Methodist Hospital System
Houston, TX

Donna Schmerin Clark

Baker & Hostetler LLP
Houston, TX

Jennifer B. Claymon

Davis & Wilkerson, P.C.
Austin, TX

Sheryl T. Dacso

Brown McCarroll, L.L.P.
Houston, TX

Bernard A. Duco Jr.

Memorial Hermann Healthcare System
Houston, TX

Gary W. Eiland

King & Spalding
Houston, TX

Denise Michelle Fletcher

Brown & Fortunato, P.C.
Amarillo, TX

Brian G. Flood

KPMG LLP
Austin, TX

James Gilman

Methodist Healthcare System
San Antonio, TX

R. Todd Greenwalt

Vinson & Elkins L.L.P.
Houston, TX

John Hawkins

Texas Hospital Association
Austin, TX

Debbi M. Johnstone

Fulbright & Jaworski L.L.P.
Houston, TX

Hal S. Katz

Brown McCarroll, L.L.P.
Austin, TX

Allyson Kinzel

The University of Texas M.D. Anderson Cancer Center
Houston, TX

Kenneth J. Kramer

Texas Health Resources
Arlington, TX

Rosemaria Levinsky

Hendrick Medical Center
Abilene, TX

Gregory M. Luce

Skadden, Arps, Slate, Meagher & Flom LLP
Washington, DC

Stuart Farrell Miller

Strasburger & Price, LLP
Houston, TX

Margaret O'Donnell

Christus Health
Houston, TX

Patrick Owens

Strasburger & Price LLP
Dallas, TX

Yvonne K. Puig

Fulbright & Jaworski L.L.P.
Austin, TX

Michael J. Regier

VHA Inc.
Irving, TX

Elizabeth N. Rogers

Vinson & Elkins L.L.P.
Austin, TX

Beth Schermer

Coppersmith Gordon Schermer & Brockelman PLC
Phoenix, AZ

James G. Sheehan

Office of the Medicaid Inspector General
Albany, NY

Thomas H. Watkins

Brown McCarroll, L.L.P.
Austin, TX

Planning Committee

Jerry A. Bell Jr.—Chair

Fulbright & Jaworski L.L.P.
Austin, TX

Charles Walker Bailey

Texas Hospital Association
Austin, TX

Mary M. Bearden

Brown & Fortunato, P.C.
Amarillo, TX

Sheryl T. Dacso

Brown McCarroll, L.L.P.
Houston, TX

Bernard A. Duco Jr.

Memorial Hermann Healthcare System
Houston, TX

Gary W. Eiland

King & Spalding
Houston, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Gregory Nolan Etzel

Baker & Hostetler LLP
Houston, TX

Susan Feigin Harris

Houston, TX

David W. Hilgers

Brown McCarroll, L.L.P.
Austin, TX

Kenneth J. Kramer

Texas Health Resources
Arlington, TX

John W. McNey

Cook Children's Health Care System
Fort Worth, TX

Edgar C. Morrison Jr.

Jackson Walker L.L.P.
San Antonio, TX

Kathy L. Poppitt

Thompson & Knight LLP
Austin, TX

Yvonne K. Puig

Fulbright & Jaworski L.L.P.
Austin, TX

Kevin A. Reed

Davis & Wilkerson, P.C.
Austin, TX

Elizabeth N. Rogers

Vinson & Elkins L.L.P.
Austin, TX

Credit Info

Houston

MCLE Credit

Texas – 13.00 hrs | 2.25 hrs Ethics
Legal Specialization(s): Health Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 13.00 hrs | 2.25 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Other Credit

TX Accounting CPE – 15.00 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Houston – Apr 15*, 16-17, 2009 – Four Seasons Hotel

*optional Wed Evening session

Conference Concluded

Buy

Houston

Standard Registration
Last day for $525.00 Regular pricing: Apr 8, 2009

$575.00 for registrations received after this time

Last day for cancellation (full refund): Apr 10, 2009

$50 processing fee applied after this date

Last day for cancellation: Apr 13, 2009

Venue

Four Seasons Hotel

1300 Lamar St
Houston, TX
713.650.1300 (reservations)
Map

Accommodations

$225.00 good through Mar 25, 2009

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Baker & Hostetler LLP

Baker & Hostetler LLP

Baker Hostetler provides healthcare organizations comprehensive legal counsel. Our industry-focused team draws on the firm-wide capabilities of colleagues in business, employment and labor, litigation and tax, among other areas. Team members have been senior managers with health maintenance organizations, third-party providers, hospitals and health centers, and research centers, so we have a practical understanding of important issues from credentialing to reimbursement to regulatory compliance. We understand the unique needs of the industry, and our comprehensive counsel helps hospitals, physician groups and suppliers of healthcare-related goods and services manage their strategic and operational issues successfully in today's complex and rapidly changing industry environment. See www.bakerlaw.com/healthcareindustry/ www.bakerlaw.com/
Brown & Fortunato

Brown & Fortunato

The attorneys of Brown & Fortunato's Health Care Group counsel hospitals, health systems, physician practice groups, and other providers across the country on a wide variety of regulatory and business issues. The Group offers straightforward, practical advice that enables clients to operate their businesses successfully, while avoiding the many pitfalls of health care laws and regulations. With their in-depth understanding of the laws and regulations governing the provision of health care, the B&F health care attorneys strive to find practical, innovative solutions to problems faced by providers. B&F has eight attorneys in its Health Care Group, six of whom are board certified in health law by the Texas Board of Legal Specialization. The attorneys in the Health Care Group maintain positive working relationships with all levels of government regulators and enforcement agencies. www.bf-law.com/Health_Care.php www.bf-law.com/
Fulbright & Jaworski L.L.P.

Fulbright & Jaworski L.L.P.

Since Fulbright partners assisted in the founding of the Texas Medical Center, the world's largest medical complex, more than 60 years ago, the firm has been involved in all aspects of health law. The Fulbright Health Law Practice Group provides multi-disciplinary solutions to the industry, drawing upon the experience of lawyers who concentrate in health care operational, regulatory, litigation and transactional matters. It is a comprehensive resource for health care institutions, physicians and staff, as well as pharmaceutical and medical device manufacturers. For more information, visit www.fulbright.com/HEALTHCARE www.fulbright.com/
Jackson Walker L. L. P.

Jackson Walker L. L. P.
King & Spalding

King & Spalding

www.kslaw.com/portal/server.pt
Kpmg Llp

KPMG International is a global network of professional firms providing Audit, Tax, and Advisory services. KPMG operates in 145 countries and has more than 133,000 professionals, including more than 7,100 partners, working in member firms around the world. Its member firms aim to provide clients with a globally consistent set of multidisciplinary services based on deep industry knowledge. In the United States, KPMG LLP traces its origins back to 1897 and provides Audit, Advisory, and Tax services through more than 1,700 partners and 22,000 other client service professionals in 88 offices. www.kpmg.com www.kpmg.com/
Strasburger & Price

Strasburger & Price

Strasburger & Price is a firm of nearly 200 lawyers with offices in Dallas, Houston, Austin, San Antonio, New York City, and Washington, D.C. For more than 40 years, Strasburger attorneys have provided comprehensive, creative and cost-effective legal services to clients in the health care industry. The members of the Strasburger Health Law Group, consisting of attorneys throughout our various offices, are well-versed in the full spectrum of legal issues that affect our health care clients. Our Health Law team members collaborate and combine their expertise, taking a 360-degree approach to assisting hospitals, health care facilities, health systems, physicians and other organizations in the health care industry. We help clients meet the business and legal challenges they face, including business transactions, litigation and alternative dispute resolution proceedings, operational and regulatory issues, physician issues, and reimbursement, intellectual property, and specialty health care matters. For more information, visit www.strasburger.com. www.strasburger.com/
Thompson & Knight

Thompson & Knight

www.tklaw.com/
Vinson & Elkins

As the world's leading energy law firm, Vinson & Elkins has been at the forefront of climate change law-structuring carbon offset projects, forming "green" investment funds, assisting with renewable energy transactions and handling related tax, permitting, and regulatory issues. That experience makes V&E qualified to help energy producers, energy consumers, and investors navigate the path to a lower-carbon future. www.vinson-elkins.com www.vinson-elkins.com/

21st Annual

Health Law Conference

Houston Apr 15*, 16-17, 2009 Four Seasons Hotel *optional Wed Evening session Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Wednesday Evening, Apr. 15, 2009

Thursday Morning, Apr. 16, 2009

Thursday Afternoon, Apr. 16, 2009

Friday Morning, Apr. 17, 2009

Conference Faculty

Audrey T. Andrews

Brian Beard

Mary M. Bearden

Steven M. Berkowitz

Marie C. Berliner

J. Richard Cheney

Donna Schmerin Clark

Jennifer B. Claymon

Sheryl T. Dacso

Bernard A. Duco Jr.

Gary W. Eiland

Denise Michelle Fletcher

Brian G. Flood

James Gilman

R. Todd Greenwalt

John Hawkins

Debbi M. Johnstone

Hal S. Katz

Allyson Kinzel

Kenneth J. Kramer

Rosemaria Levinsky

Gregory M. Luce

Stuart Farrell Miller

Margaret O'Donnell

Patrick Owens

Yvonne K. Puig

Michael J. Regier

Elizabeth N. Rogers

Beth Schermer

James G. Sheehan

Thomas H. Watkins

Planning Committee

Jerry A. Bell Jr.—Chair

Charles Walker Bailey

Mary M. Bearden

Sheryl T. Dacso

Bernard A. Duco Jr.

Gary W. Eiland

Michael J. Esposito

Gregory Nolan Etzel

Susan Feigin Harris

David W. Hilgers

Kenneth J. Kramer

John W. McNey

Edgar C. Morrison Jr.

Kathy L. Poppitt

Yvonne K. Puig

Kevin A. Reed

Elizabeth N. Rogers

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

Four Seasons Hotel

Accommodations

Our Sponsors

Baker & Hostetler LLP

Brown & Fortunato

Fulbright & Jaworski L.L.P.

Jackson Walker L. L. P.

King & Spalding

Strasburger & Price

Thompson & Knight

Stay in the loop with UT Law CLE

21^st Annual

Houston Apr 15, 16-17, 2009 Four Seasons Hotel
optional Wed Evening session
Conference Concluded