eCourses

2023 State and Federal Healthcare Legislative Update 

A discussion on the 2023 election cycle and healthcare regulatory and legislative hot topics at the Texas and Washington, D.C. levels.

Includes: Video Audio Slides

Addressing Health Equity and the Social Determinants of Health

Discuss the relationship of social determinants of health on health outcomes and the concept of health equity. Describe new requirements for hospitals and health systems regarding the collection and use of these data to improve the health of their patient populations.

Includes: Video Audio Slides

Challenges to Obviousness Type Double Patenting

Obviousness‑type double patenting is a judicial creation designed to preclude improper time extension of patent rights by proscribing the issuance of claims in a second patent that are directed to subject matter that is “different but not patentably distinct from the subject matter claimed in the prior patent.” But there must be some clear evidence to establish why the invention's variation in the second patent or application would have been obvious. This presentation discusses responding to OTDP rejections, as well as the implications when the patent in question has PTE or PTA.

Includes: Video Audio Slides

Deal Issues and Trends in Today’s Healthcare Market

Economic uncertainty and challenging labor issues may have slowed M&A activity for certain healthcare sectors during the first part of the year, but deal-making is expected to accelerate. This panel discusses industry trends and predictions, as well as important business and regulatory issues when negotiating transactions on behalf of medical groups, hospitals, health plans, technology companies, and private equity funds from both the buyer and seller perspectives.

Includes: Video Audio Slides

Employee Issues in Healthcare (2023): Unionization and Staffing in a Post-COVID World

Session 01: Unionization within the Healthcare Industry: What You Need to Know if Employees Want to Unionize  - Labor unionization efforts have resurged in the US generally, and are happening within the healthcare industry specifically, even in Texas. Learn the legal framework under which employees have the right to organize, rights of employers when employees want to unionize, best practices to use when navigating the formation process, and what to expect when a union is formed. Session 02: Medical Staff, Nursing Staff, and Patient Rights in a Post-COVID Apocalyptic World - As we move past the pandemic into a post-public health emergency world, hospitals are contending with physician and nursing staffing shortages, changing trends in the use of physicians and advanced practice professionals on medical staffs, increasing violence by patients, and regulatory pressures. The speakers discuss these issues and options for responding to them. 

Includes: Video Audio Paper Slides

Enforcement Trends Across the Healthcare Industry (2023)

The federal government and various states continue to investigate and litigate healthcare fraud cases across all sectors of the industry. Hear an overview of the latest trends in enforcement, including insight from a leading government attorney, and learn what the new theories and trends mean for 2023 and beyond.

Includes: Video Audio Slides

eSupplement to the 30th Annual Labor and Employment Law Conference

Session 1: Client Selection, Contracts and Handling Complaints - During a long career, almost no lawyer can completely avoid conflicts and complaints from Clients. The nature of our adversary system provides many opportunities for stress, misunderstandings and disagreements about how the legal system works – or the client’s expectations.  Many times, these matters can be avoided in the intake process. But when a complaint arises, lawyers need to know how to respond and handle those attorney client disagreements in ethical and empathetic ways. This course takes you through the interview process, the execution of clear attorney fee agreements, maintaining clear communications, and ultimately handling an attorney client dispute. Dozens of great tips, sound advice, and reminders of our fiduciary duty under the Disciplinary Rules. Session 2: Protecting Privilege? The Evolving Role of Attorney-Client Privilege in Cybersecurity Incidents and Responses - This session analyzes the advantages and limitations of including outside counsel during incident response. Session 3: Tales from Trial: The Boeing Case is Shot Down - Defense attorneys for the Boeing test pilot, the only individual indicted in connection with the Boeing 737 Max crashes, discuss details of the trial and their successful defense strategy. Session 4: Employee Mental Health: What Response is Required - In the aftermath of COVID and with increased visibility of mental health issues, districts must consider a more holistic plan for addressing the concerns related to employee well-being. This session combines a discussion of the legal requirements of dealing with employee mental health challenges along with best practices in prevention and intervention.

Includes: Video Audio Paper Slides

Ethics Issues Facing USPTO Practitioners

An overview of issues pertinent to practice before the USPTO in patents and trademarks, including the certifications made upon submission of papers to the Office, along with best practices for verifying information from clients.

Includes: Video Audio Paper Slides

Federal Circuit and SCOTUS Patent Law Year in Review (2023)

A review of the most important cases from the Federal Circuit and the Supreme Court in the past year that every practitioner should know.

Includes: Video Audio Slides

Health Law Fundamentals (2023)

Explore the basics of health law, with an emphasis on fraud and abuse (including the Stark law and the federal anti-kickback statute), managed healthcare, HIPAA, and Medicare coverage and reimbursement issues.

Includes: Audio Slides

Hospital Medicaid Reimbursement in 2023 and Beyond

Even in the ever-changing world of hospital Medicaid reimbursement, the next few years may be unparalleled. In this presentation, the speakers discuss proposed (or probable) upcoming changes to outpatient reimbursement, inpatient reimbursement, the Disproportionate Share Hospital program, the Uncompensated Care program, and the Comprehensive Hospital Increase Reimbursement Program. Of course, no discussion of hospital reimbursement would be complete without pontificating on the method of finance for private hospital supplemental payments.

Includes: Video Audio Slides

Hot Topics in Design Patents

There are two major questions of first impression pending before the Federal Circuit. Design patent scope has been turned on its head by In re: Surgisil, greatly affecting not only patentability but infringement analysis (Columbia v. Serius). Regarding obviousness, the Federal Circuit in LKQ v. GM is grappling with the unresolved issue of whether KSR applies to design patents, potentially overturning years of case law.  

Includes: Video Audio Paper Slides

Implications of Unitary Patents and the Unified Patent Court

Includes: Video Audio Paper Slides

Managed Care: 2023 Outlook and Trends

Session 01: Managed Care Outlook in 2023: Perspectives from the Public and Private Sectors - The speakers discuss the forthcoming managed care trends of 2023 including a focus on value-based care and alternative payment models, the ongoing effort to address social determinants in our current healthcare landscape, enrollment and coverage issues, and other key topics from industry leaders with strong federal, private, and regulatory backgrounds. Session 02: Managed Care: Arbitration - Hear updates on new trends and issues being raised in arbitrations as defenses or impediments, and how to address them.

Includes: Video Audio Slides

Operational Impact of Significant Cases and Hot Button Issues (2023)

Session 01: Operational Impact of Significant Cases - Take an in‐depth look at the key legal developments and significant cases affecting healthcare operations, including credentialing and liability issues, that impact health systems and other providers. The written materials represent a comprehensive annual survey of noteworthy cases from around the country. Session 02: Operational Issues for Hospitals - Operational issues affecting both large hospital systems and small rural hospitals including in-hospital do-not-resuscitate (DNR) orders, telemedicine, the Hospital at Home model, and other relevant issues.

Includes: Video Audio Paper Slides

Patenting Issues Applicable to AI Inventorship

This panel discusses issues related to inventorship, subject matter eligibility, and scope of patentability of AI inventions.

Includes: Video Audio Slides

PTAB Practice and Issues (2023)

Session 01: PTAB Update - Hear an update from the Chief Judge on recent trends and developments in PTAB appeal and trial proceedings. Session 02: Practice Before the PTAB, Part I: Changes to the Director Review Procedures and Discretionary Denial Practice Session 03: Practice Before the PTAB, Part II: Joinder, Estoppel, Motions to Amend, and More

Includes: Video Audio Slides

Reproductive and Maternal Care in an Ever-Changing Legal Landscape

A straight-down-the-middle view from the trenches on Dobbs, Title X, and Texas state laws.

Includes: Video Audio Slides

SEPs and License Agreements

As the mobile revolution evolves into next-generation services with self-driving cars and the Internet of Things, there continue to be new commercial practices, legal disputes, and policy debates over the licensing of patents on standardized telecommunications technologies like 5G. This panel discusses the current commercial and legal landscape of the licensing of standard essential patents (SEPs), and what to expect in the future.

Includes: Video Audio Paper Slides

Stark and Anti-Kickback: The More They Change, the More They Stay the Same

Despite recent efforts by CMS and the OIG to modernize their respective regulations interpreting the Physician Self-Referral Law (aka, the Stark Law) and the federal Anti-Kickback Statute, careful attention is still required to avoid administrative, civil, and criminal penalties arising from these laws. This session provides an update on the Stark and Anti-Kickback landscape, including changes to the Self-Referral Disclosure Protocol, notable enforcement actions, recent advisory opinions, and litigation involving the OIG’s interpretation of the Anti-Kickback Statute.

Includes: Audio Slides