University of Texas School of Law
29th Annual
Health Law Conference
Houston Apr 5*, 6-7, 2017 Royal Sonesta Hotel Houston
*Wednesday Pre-Conference Sessions
Conference Concluded
SPONSORS
Baker & Hostetler LLP
Baker Ober Health Law Group
Beatty Bangle Strama, P.C.
Brown & Fortunato, P.C.
Gray Reed & McGraw, P.C.
Haynes and Boone, LLP
Husch Blackwell LLP
Jackson Walker
King & Spalding
Norton Rose Fulbright
Polsinelli 
Seyfarth Shaw LLP

UT Law CLE

2017 Health Law Conference

Program Features
UT Law’s 29th Annual Health Law Conference brings together leading in-house attorneys from major hospitals and medical institutions, government officials, as well as legal and financial advisors representing hospitals, healthcare providers and physicians. The conference provides practical and detailed coverage of updates, current issues, and key strategies and opportunities facing members of the healthcare community, including:
  • Discussion of Emerging Trends in Healthcare in the new Trump-era landscape.
  • Important healthcare developments from the last year, including regulatory changes and policy initiatives in the Healthcare Year-in-Review; and gain insight on the Operational Impact of Significant Cases.
  • An evaluation of the current state of health plans and providers.
  • Practical tips in drafting and negotiating healthcare transactions.
  • Recent trends in FCA and government enforcement.
  • An exploration of telehealth, emerging technologies, and related legal and ethical issues.
  • A look at Realities and Future of Payment and Delivery Reform
  • Discussion on the Legal Ethics Challenges in the World of Cyberthreats: Technology and Professional Responsibility for Healthcare Lawyers.
  • Wednesday evening pre-conference concurrent sessions—Health Law Fundamentals provides an introduction to health law; and In-House Counsel Issues (limited to in-house counsel only) facilitates active discussion and sharing among in-house panelists and participants.
  • Multiple networking opportunities including Thursday’s Table Topics luncheon and the Thursday evening reception.

UT Law CLE

2017 Health Law Conference

5/26/17
Schedule

Wednesday Evening, Apr. 5, 2017

PRE–CONFERENCE CONCURRENT SESSIONS

Please select on registration form. Each session includes a 15-minute break.

6:00 pm
Registration Opens

Health Law Fundamentals

7:00 pm

2.00 hrs

Health Law Fundamentals

Hear an introduction to basic health law with an emphasis on fraud and abuse, managed healthcare, and Medicare coverage and reimbursement issues.

Violet M. Anderson, CHRISTUS Health - Irving, TX
Kenneth J. Kramer, Texas Health Resources - Arlington, TX
Edgar C. Morrison Jr., Jackson Walker - San Antonio, TX

9:15 pm
Adjourn

In‐House Counsel Issues (Limited to In-House Counsel ONLY)

7:00 pm

2.00 hrs

In‐House Counsel Issues

Limited to in-house counsel only, participate in active discussion and sharing among panelists and participants. Topics include, but will not be limited to, the ACA–then and now, Stark and false claims update, physician contracting, provider/payor relations, HIPAA, Texas hospital lien law update, and risk management/healthcare litigation updates.

Moderator:
Andy G. Navarro, CHRISTUS Health - Irving, TX
Panelists:
David H. Ellenbogen, Baylor Scott & White Health Care - Austin, TX
D. David Hearne, CHI St. Luke's Health - Houston, TX
Lisa L. Hill, Shannon Medical Center - San Angelo, TX
Lance Lightfoot, Texas Children's Hospital - Houston, TX
W. Christopher Shea, Memorial Hermann Health System - Houston, TX

9:15 pm
Adjourn

Thursday Morning, Apr. 6, 2017

Presiding Officer:
Yvonne K. Puig, Norton Rose Fulbright - Austin, TX

7:30 am
Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.75 hr

Emerging Trends in Healthcare

The election of Donald J. Trump is ushering in a new era for the U.S. healthcare industry, which has spent years adapting to the ACA. Yet, despite the potential policy changes in Washington, the painstaking and challenging work of shifting to value-based care will continue. This presentation highlights the forces that are expected to have the most impact on the healthcare industry in the coming year.

Benjamin Isgur, PricewaterhouseCoopers LLP - Dallas, TX

9:15 am

1.25 hrs

Healthcare Year in Review

Hear an entertaining and informative overview of important healthcare developments in the past year, including court decisions, regulatory changes, politics, and policy initiatives.

Jack S. Schroder Jr., Retired, Alston & Bird LLP - Big Canoe, GA

10:30 am
Break

10:45 am

0.50 hr

Stark Law Update

Listen to an update of the statutory, regulatory, case law, administrative, and enforcement initiatives as related to the Stark Law.

Donna S. Clark, Baker & Hostetler LLP - Houston, TX

11:15 am

0.75 hr

National and Texas Trends and Developments for Health Plans and Providers

Identify plan and provider strategies to control cost and quality, evaluate the state of the healthcare exchange and insurance market, and review current events and likely developments as Congress takes on the ACA.

Janet Walker Farrer, Ascension Health - Austin, TX
Leah Stewart, The University of Texas at Austin Dell Medical School - Austin, TX

12:00 pm

0.75 hr

Hospital, Physician and Payer Alignment: Trends and Strategies

Explore the current alignment and consolidation trends among hospitals, physicians, and payers amidst the backdrop of regulatory uncertainty.

Lisa Atlas Genecov, Norton Rose Fulbright - Dallas, TX
Michael Hicks, University of North Texas Health Science Center - Fort Worth, TX
Kenneth J. Kramer, Texas Health Resources - Arlington, TX

12:45 pm
Break

Thursday Afternoon, Apr. 6, 2017

Presiding Officer:
Kenya S. Woodruff, Haynes and Boone, LLP - Dallas, TX

Optional Table Topics Luncheon

Join a discussion group with conference faculty and fellow registrants. See registration form to select a Table Topic and purchase your ticket for lunch.

TOPIC A: HIPAA Update

1:05 pm
TOPIC A: HIPAA Update

TOPIC B: Stark and Anti-Kickback Issues

1:05 pm
TOPIC B: Stark and Anti-Kickback Issues

TOPIC C: Telehealth Questions and Answers

1:05 pm
TOPIC C: Telehealth Questions and Answers

TOPIC D: Physician/Hospital Relationships and Payments

1:05 pm
TOPIC D: Physician/Hospital Relationships and Payments

1:50 pm
Break

CONCURRENT TRACKS

TRACK A: Transactional Issues in Consolidation | Physician Owned Entities

2:00 pm

0.75 hr
0.50 hr ethics

Anatomy of the Healthcare Transaction

Although healthcare transactions often vary dramatically, many aspects are consistently similar. Hear a nuts and bolts discussion of the necessary elements of a healthcare transaction, including a review of the common issues that arise in the negotiation of any transaction, the typical catalog of documents that are utilized in most transactions, and the drafting issues involved in those documents.

Mark D. Folk, Broad and Cassel LLP - Boca Raton, FL
Jessica LaManna, Universal Health Services - King of Prussia, PA

2:45 pm

0.75 hr

Physician-Owned Entities

New healthcare delivery and management models are emerging that include entities with physician ownership. This presentation focuses on those arrangements and associated legal issues. 

Diane T. Carter, Husch Blackwell LLP - Austin, TX
Cybil G. Roehrenbeck, Polsinelli PC - Washington, DC

3:30 pm
Break

TRACK B: Regulatory and Operational Hot Button Issues | MACRA, MIPS & More

2:00 pm

0.75 hr
0.50 hr ethics

Regulatory and Operational Hot Button Issues

A discussion of the variety of operational, regulatory, and ethical issues relating to on-call arrangements, electronic health records, discrimination, and non-physician practitioners.

Moderator:
Kathy L. Poppitt, King & Spalding - Austin, TX
Panelists:
Susan F. Monaco, Tenet Healthcare Corporation - Dallas, TX
Allison D. Shelton, Brown & Fortunato, P.C. - Amarillo, TX

2:45 pm

0.75 hr

MACRA, MIPS and More: Making it all Manageable

2016 saw the publication of the MACRA proposed rule, the receipt and review of over 4,000 public comments, and the publication of the final rule. Its provisions contain requirements that fundamentally will change payment of healthcare for Medicare Part B services, impacting both those providers and organizations that contract with them. While payment changes do not go into effect until 2019, those payments will be based off of data created and gathered in 2017. Thus, the time is now. This presentation focuses on understanding the fundamental MACRA platform, focusing on the MIPS portions; the implications of these vast changes, including changes to behavior, delivery of care, operations, finances, and beyond; and the reality of the transition for the near future.

David W. Hilgers, Husch Blackwell LLP - Austin, TX
Sidney S. Welch, Polsinelli PC - Atlanta, GA

3:30 pm
Break

 
3:45 pm

1.00 hr
0.50 hr ethics

Recent Trends in the False Claims Act and Government Enforcement

2016 proved to be a game changer in the area of False Claims Act (FCA) litigation and government enforcement. One of the most significant events of the year was the Supreme Court’s issuance of Universal Health Services v. U.S. ex rel. Escobar, a decision that declared implied certification theory the law of the land but also established a complex and rigorous materiality standard with which lower courts will grapple for years. In addition, 2016 saw the DOJ’s implementation of the Yates Memo, the DOJ’s interim final rule doubling penalties under the FCA, the Supreme Court’s decision declaring that a whistleblower’s violation of the seal does not result in automatic dismissal, and CMS’s issuance of the final Medicare Parts A/B 60 day rule. Hear a detailed overview of these and other significant developments in the ever-evolving area of government enforcement in the healthcare industry.

B. Scott McBride, Baker & Hostetler LLP - Houston, TX
Adam Robison, King & Spalding - Houston, TX

4:45 pm

1.00 hr
0.25 hr ethics

Telehealth: Tackling Technology’s Legal and Ethical Impact on Healthcare

Telehealth is no longer a concept but a reality for providers, payors, employers, and entrepreneurs who are all being presented with emerging technologies that enhance access, improve efficiencies, and reduce costs associated with healthcare. With these new advances in telehealth and telecommunications technologies come an array of legal and ethical issues. Explore these technologies, including evolving audio and visual telecommunications, wearables, mobile medical apps, medical devices, robotics, artificial intelligence, and virtual reality. 

Sheryl T. Dacso, Seyfarth Shaw LLP - Houston, TX
Julian L. Rivera, Husch Blackwell LLP - Austin, TX

5:45 pm
Adjourn

Networking Reception (5:45 p.m. - 6:45 p.m.)

THANK YOU TO OUR SPONSORS

Join us for drinks and hors d'oeuvres with program faculty and attendees.

Friday Morning, Apr. 7, 2017

Presiding Officer:
Mary M. Bearden, Brown & Fortunato, P.C. - Amarillo, TX

7:30 am
Conference Room Opens

Includes continental breakfast.

8:30 am

1.00 hr

Operational Impact of Significant Cases

Take an in‐depth look at key legal developments and significant cases affecting healthcare operations, including credentialing and liability issues that impact hospitals and providers. Receive a comprehensive review of recent decisions affecting the liabilities and duties of healthcare providers in the written materials.

Yvonne K. Puig, Norton Rose Fulbright - Austin, TX

9:30 am

0.75 hr

Employment Law: The Modern Mobile Workforce

The modern workforce is exceptionally mobile, with an increasing number of employees able to perform their duties from virtually any location. Explore the security, privacy, and medical accommodation issues associated with allowing employees to work in the open and in the wild.

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX
Kimberly S. King, CHRISTUS Health - Irving, TX

10:15 am
Break

10:30 am

0.75 hr

The Realities and Future of Payment and Delivery Reform

Concern over rising healthcare costs and increased coverage resulted in the passage of the ACA in 2010. While the future of the ACA is uncertain, it is highly likely that payers, including the government, will continue to seek ways to drive down healthcare costs through payment and delivery reform. Gain insights into the operational realities, legal issues and pitfalls, and successes and failures involved in these healthcare models. Hear updates and details relating to the creation of Clinically Integrated Networks, Care Coordination Entities, Accountable Care Organizations, and other strategies being used to increase efficiency and provide quality care. Explore the successful contracting techniques in today’s payer environment, the legal issues of developing and operating a risked-based network, and how employers are reacting to the decrease in their healthcare costs.

Moderator:
Susan Feigin Harris, Baker & Hostetler LLP - Houston, TX
Panelists:
Ken Janda, Community Health Choice Inc. - Houston, TX
Robert F. McStay Jr., Memorial Hermann Health System - Houston, TX

11:15 am

0.75 hr

Physician Compensation and Fair Market Value

Review the legal framework for compliant physician compensation arrangements, including the key concepts of fair market value and commercial reasonableness. Examine the current regulatory and enforcement environment, and receive practical illustrations using examples of commonly observed situations in the marketplace.

Jennifer B. Claymon, Reed, Claymon, Meeker & Hargett, PLLC - Austin, TX
Chip Hutzler, HealthCare Appraisers, Inc. - Delray Beach, FL
Stephen G. Wohleb, Ascension Texas - Austin, TX

12:00 pm

1.00 hr ethics

Legal Ethics Challenges in the World of Healthcare Cyberthreats: Law, Technology and Professional Responsibility for Healthcare Lawyers

Cyber intrusions—hacking, ransomware, and other threats—make daily headlines, and a growing number of them are aimed at healthcare organizations. Technology-driven crises also pose significant professional responsibility challenges for healthcare lawyers as they prepare to help their clients respond to tomorrow’s cyberthreats today. Data breaches, disclosure issues and, of course, that really unfortunate tweet may involve an interconnected web of thorny legal, technological, and ethical issues. Hear a discussion of the latest cyber risks facing healthcare organizations and key legal ethics challenges in responding to them, along with other ethics and professional responsibility issues facing dial-up healthcare lawyers in a broadband technology world.

William W. Horton, Jones Walker LLP - Birmingham, AL
Peter S. Vogel, Gardere - Dallas, TX

1:00 pm
Adjourn

UT Law CLE

2017 Health Law Conference

Faculty

Conference Faculty

Violet M. Anderson
CHRISTUS Health
Irving, TX
Jason Boulette
Boulette Golden & Marin L.L.P.
Austin, TX
Diane T. Carter
Husch Blackwell LLP
Austin, TX
Donna S. Clark
Baker & Hostetler LLP
Houston, TX
Jennifer B. Claymon
Reed, Claymon, Meeker & Hargett, PLLC
Austin, TX
Sheryl T. Dacso
Seyfarth Shaw LLP
Houston, TX
David H. Ellenbogen
Baylor Scott & White Health Care
Austin, TX
Janet Walker Farrer
Ascension Health
Austin, TX
Mark D. Folk
Broad and Cassel LLP
Boca Raton, FL
Lisa Atlas Genecov
Norton Rose Fulbright
Dallas, TX
Susan Feigin Harris
Baker & Hostetler LLP
Houston, TX
D. David Hearne
CHI St. Luke's Health
Houston, TX
Michael Hicks
University of North Texas Health Science Center
Fort Worth, TX
David W. Hilgers
Husch Blackwell LLP
Austin, TX
Lisa L. Hill
Shannon Medical Center
San Angelo, TX
William W. Horton
Jones Walker LLP
Birmingham, AL
Chip Hutzler
HealthCare Appraisers, Inc.
Delray Beach, FL
Benjamin Isgur
PricewaterhouseCoopers LLP
Dallas, TX
Ken Janda
Community Health Choice Inc.
Houston, TX
Kimberly S. King
CHRISTUS Health
Irving, TX
Kenneth J. Kramer
Texas Health Resources
Arlington, TX
Jessica LaManna
Universal Health Services
King of Prussia, PA
Lance Lightfoot
Texas Children's Hospital
Houston, TX
B. Scott McBride
Baker & Hostetler LLP
Houston, TX
Robert F. McStay Jr.
Memorial Hermann Health System
Houston, TX
Susan F. Monaco
Tenet Healthcare Corporation
Dallas, TX
Edgar C. Morrison Jr.
Jackson Walker
San Antonio, TX
Andy G. Navarro
CHRISTUS Health
Irving, TX
Kathy L. Poppitt
King & Spalding
Austin, TX
Yvonne K. Puig
Norton Rose Fulbright
Austin, TX
Julian L. Rivera
Husch Blackwell LLP
Austin, TX
Adam Robison
King & Spalding
Houston, TX
Cybil G. Roehrenbeck
Polsinelli PC
Washington, DC
Jack S. Schroder Jr.
Retired, Alston & Bird LLP
Big Canoe, GA
W. Christopher Shea
Memorial Hermann Health System
Houston, TX
Allison D. Shelton
Brown & Fortunato, P.C.
Amarillo, TX
Leah Stewart
The University of Texas at Austin Dell Medical School
Austin, TX
Peter S. Vogel
Gardere
Dallas, TX
Sidney S. Welch
Polsinelli PC
Atlanta, GA
Stephen G. Wohleb
Ascension Texas
Austin, TX

Planning Committee

Mary M. Bearden—Co-Chair
Brown & Fortunato, P.C.
Amarillo, TX
Yvonne K. Puig—Co-Chair
Norton Rose Fulbright
Austin, TX
Violet M. Anderson
CHRISTUS Health
Irving, TX
Michelle Apodaca
Haynes and Boone, LLP
Austin, TX
Sheryl T. Dacso
Seyfarth Shaw LLP
Houston, TX
Gary W. Eiland
King & Spalding
Houston, TX
Lisa Atlas Genecov
Norton Rose Fulbright
Dallas, TX
Susan Feigin Harris
Baker & Hostetler LLP
Houston, TX
David W. Hilgers
Husch Blackwell LLP
Austin, TX
Hal S. Katz
Husch Blackwell LLP
Austin, TX
B. Scott McBride
Baker & Hostetler LLP
Houston, TX
Stuart F. Miller
Baker Ober Health Law Group
Houston, TX
Edgar C. Morrison Jr.
Jackson Walker
San Antonio, TX
Kathy L. Poppitt
King & Spalding
Austin, TX
Kevin A. Reed
Reed, Claymon, Meeker & Hargett, PLLC
Austin, TX
Brenda T. Strama
Beatty Bangle Strama, P.C.
Austin, TX
Stephen G. Wohleb
Ascension Texas
Austin, TX
Kenya S. Woodruff
Haynes and Boone, LLP
Dallas, TX

UT Law CLE

2017 Health Law Conference

Credit Information

MCLE Credit

Texas
13.75 hrs  |  2.25 hrs Ethics
Legal Specialization(s): Administrative Law, Health Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
13.75 hrs  |  2.25 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Louisiana
13.75 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Oklahoma
16.00 hrs  |  2.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE
16.00 hrs
Additional Information
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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2017 Health Law Conference

Key Dates

Houston

  • Last day for Individual early registration: Apr 5, 2017
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Mar 31, 2017
  • Last day for cancellation (partial refund): Apr 3, 2017
    $50 processing fee applied

UT Law CLE

2017 Health Law Conference

Hotel / Venue

Houston

Royal Sonesta Hotel Houston

2222 West Loop S
Houston, TX 77027-3502
713.627.7600
855.463.3091 (reservations)
Map

Accommodations

$189 room rate good through March 11, 2017 (subject to availability).

Parking Information

Self-parking $10 daily; $16 overnight
Valet $16 daily; $25 overnight
(rates subject to change)

UT Law CLE

2017 Health Law Conference

Sponsors