33rd Annual Health Law Forum

Date: October 21-22, 2021 – Live Virtual Forum
Program Producer: Amanda Busby, Anderson Busby PLLC, Knoxville
Format: This year’s Health Law Forum will be presented in a virtual format.


Thursday, Oct. 21


 

Regulatory Fraud and Abuse Update
This session will provide an update of the latest Fraud and Abuse developments, including federal case law and settlements under the FCA, and OIG and CMS activity.
Speakers: Kristin Bohl, Baker Donelson Bearman Caldwell & Berkowitz; Patsy Powers, Waller Lansden Dortch & Davis LLP; Sandy Teplitzky, Baker, Donelson, Bearman, Caldwell & Berkowitz; Travis Lloyd, Bradley Arant Boult Cummings LLP.


Keynote Address
This session will provide an update on hot topics such as consolidation practices, workforce issues, revenue model changes, site of care movements, disruptors, emerging technologies and more.
Speaker: Dr. Lynn Massingale M.D., TeamHealth

 

Lessons Learned in the Time of COVID-19: How Employers Can Learn from the Past to Ensure Better Practices Going Forward
Labor and employment lawyers Rebecca Wells Demaree and Martha Boyd will discuss topics pertaining to COVID-19 as it impacts health care providers as employers, to include the current status of the OSHA Emergency Temporary Standard for Healthcare, and ensuing inspections; workplace violence; health care providers’ obligations respecting employees who request accommodations from vaccination and mask requirements due to religious or medical/disability reasons, and the vaccination rules issued by CMMS for long-term care facilities, as well as other hot topics.
Speakers: Martha Boyd, Baker Donelson Bearman Caldwell & Berkowitz; Rebecca Wells Demaree, Cornelius & Collins

 

Health Care Fraud Enforcement in Tennessee
The presenters will share the latest in federal and state health care fraud enforcement actions in 2021, including settlements, court decisions, and trends.
Speakers: Ellen Bowden McIntyre, US Attorney's Office M.D. of Tennessee; Rob McConkey, US Attorney's Office E.D. of Tennessee;  Stuart Canale, US Attorney's Office W.D. of Tennessee; Tony Hullender, Deputy Atty Gen., Medicaid Fraud and Integrity Div.

 

Private Equity Investments in Health Care
Private equity investments in U.S. health care show few signs of abating. Firms familiar with the space continue to be bullish on the possibility of short-term returns through consolidations, while new entrants eager to deploy uninvested capital seek to capitalize on ever increasing healthcare spending and disruptions brought on by the COVID-19 pandemic. The presentation will address the private equity-backed transactions, including an overview of current activity in the market; common and trendy deal structures, valuation methodologies, rollovers, reps/warranties insurance, etc.; identifying attractive (and unattractive) prospects, discussion of popular sectors/physician specialties; understanding and resolving common motivations, challenges, risks and pitfalls in these transactions; pros and cons of PE investment in health care; short and long-term developments and implications for patient care and impact on competition.
Speakers: Jed Roebuck, Chambliss Bahner & Stophel; Michael Burcham, Shore Capital Partners; Stephen Scott, Bailey Southwell & Co.

 

Tennessee Legislative Update and State Case Review
The Tennessee Legislative Update and State Case Review panel will provide a synopsis of legislation enacted in 2021 and state cases of importance to lawyers representing health care clients.
Speakers: Jerry Taylor, Thompson Burton; Trammel Hoehn, Butler Snow; Yarnell Beatty, Tennessee Medical Association


It’s Not the Shark; It’s the Water: A Deeper Dive into Health Disparities (Dual CLE Credit)
An empirically based exploration of health disparities and other inequities beyond the surface; key domains include the concepts of vulnerability; systemic inequities; and specific hard, soft, and firm barriers to care.
Speaker: Catherine Hammack-Aviran, Vanderbilt University Medical Center

THURSDAY TOTAL CLE HOURS: 7 General; 1 Dual
 


Friday, Oct. 22

 

Ethics (Dual CLE Credit)
Last year, we thought we’d be past COVID and its related ethical issues by now. However, given the continuation of remote and hybrid work for lawyers, as well as the return to a “real office” for others, things are still complicated. We will explore new developments, as well as the application of the existing rules to our “new normal.” Join us for the updates, hypotheticals, and general good-natured debate as our panel looks at the past and predicts the future.
Speakers: Lucian Pera, Adams and Reese LLP; Phil Pomerance, Best Practices Inpatient Care Ltd. ; Sheree Wright, Vanderbilt University

 

HIPAA and Related Privacy Law Developments
This presentation will focus on recent HIPAA developments, including recent changes to the Privacy Rule, patient right of access issues, and other privacy law developments, including issues raised by the Information Blocking Rule issued pursuant to the 21st Century Cures Act. The presenters will provide an overview of legal developments along with practical advice on tackling HIPAA questions related to the issues discussed.
Speakers: Cal Marshall, Chambliss Bahner & Stophel; Elizabeth Warren, Bass Berry & Sims

 

Health Care Fraud and Enforcement
Three experienced healthcare fraud litigators will provide updates on government enforcement and qui tam litigation. Panelists will also cover the most important healthcare fraud developments from the past year.
Speakers: Brian Roark, Bass Berry & Sims; JD Thomas, Waller Lansden Dortch & Davis; Richard Rose, Miller & Martin

 

Human Subjects Research: Law, Contracting and a COVID-19 Vaccine Trial
After lawyers review biomedical research regulation in the United States and discuss related key contracting issues, a physician-investigator will describe how these concepts play out in practice through the example of a Phase III, Blinded, Placebo-Controlled, COVID-19 Vaccine Clinical Trial.
Speakers: Kathy Steuer, St. Jude Children's Research Hospital; Cara Baer, Butler Snow; Dr. Patricia Flynn M.D., St. Jude Children's Research Hospital

 

Legal Considerations and Common Pitfalls Related to Claims Coding and Billing
This presentation will provide an overview of important legal issues related to claims coding and billing. The discussion will include telemedicine considerations post-COVID, common risk areas, and the potential options available to payors if coding and billing issues are identified.
Speakers: Amy Garner, West Tennessee Healthcare; Anna Grizzle, Bass Berry & Sims; Linda Thacker, TeamHealth

 

Physician Discipline through the Medical Staff Corrective Action and Licensure Board Processes
This one-hour program will provide an overview of physician discipline through the hospital medical staff and state licensure board processes. Specifically, the program will focus on (i) medical staff corrective action and fair hearing procedures; (ii) the obligation of hospitals to report certain discipline to the National Practitioner Data Bank and Tennessee Board of Medical Examiners; and (iii) Tennessee Board of Medical Examiner investigations and disciplinary proceedings.
Speakers: Amy Hampton, Vanderbilt University Medical Center; David Steed, Cornelius & Collins; Kyle Simonton, Buerger, Moseley & Carson

FRIDAY TOTAL CLE HOURS: 5 General; 2 Dual