As health care changes, so do the laws governing its delivery.
For attorneys and executives charged with understanding the ins and outs of emerging health care laws, it’s more important than ever to stay informed. IHA’s Legal Forum is a one-day conference designed specifically for hospital attorneys, executives and those interested in legal topics relating to health care.
UPDATE: 11/27/17: This event is being rescheduled for 2018. Stay tuned for further details!
8:30 – 9 a.m.
9 - 10 a.m.
Health Care Security Issues: Workplace Safety & Cybersecurity
Jennifer Skeels and Mark Swearingen Hall, Render, Killian, Heath & Lyman
Indiana hospitals face an ever-expanding set of security-related issues, ranging from ensuring the safety of staff to ensuring the safety of electronic clinical and business information. The first part of this presentation will identify current challenges to workplace safety, including risks of violence posed by patients and visitors (and even by staff members themselves) and will explore ways that hospitals can help ensure workforce security and well-being. The second part of the presentation will focus on recent developments in the area of cybersecurity, highlight examples of cybersecurity exposure and identify measures hospitals can implement in order to prevent and address cybersecurity threats.
10 - 11 a.m.
Regulatory and Policy Responses to the Opioid Crisis
Julie Lappas and Hannah Brown Hall, Render, Killian, Heath & Lyman
This program is designed to provide an overview of the legal issues surrounding the current opioid crisis, as well as highlight current state and federal initiatives geared toward reducing the number of opioid overdose deaths in the U.S. and the number of opioid pills prescribed each year. From dosage limits to treatment guidelines, states and third-party payers have taken varied approaches to limit overprescribing and to manage drug-seeking behaviors from patients. This program will address both regulatory and policy approaches to the opioid crisis, as well as explore practical pointers about how hospitals can combat these problems internally and with community partnerships.
11 a.m. - Noon
Hire American? Immigration and Health Care in the Trump Era
Jenifer Brown Ice Miller
This presentation will discuss the current and potential changes to the already complex U.S. immigration system. The presenters will break down the talking points and rhetoric on “Hire American” and President Trump’s other Executive Orders on immigration, including the travel ban. In addition, the presentation will provide details on the Conrad program for J-1 waivers in Indiana, alternative options for hiring foreign physicians and recommendations for ensuring your recruiting staff balances your priorities and the limitations of our U.S. immigration system. The presentation will also explore what a possible transition to a merit-based immigration system looks like and other topics often overlooked in the national immigration debate, plus tips on successful retention of your most valuable foreign national employees.
Noon – 1 p.m.
1 - 2 p.m.
Update on Stark, Anti-Kickback and False Claims Act Prohibitions
David Honig and Alyssa James Hall, Render, Killian, Heath & Lyman
The federal Stark Law and Anti-Kickback Statute are two of the primary bodies of law governing relationships between health care providers. The False Claims Act is the government's primary tool to combat fraud in the Medicare and Medicaid programs, including enforcement of the Stark and Anti-Kickback laws. This presentation will discuss the substantive issues related to the fair market value, commercial reasonableness and volume or value standards of these laws, as well as the FCA's qui tam, or whistleblower, provisions, that allow individuals, including employees and patients, to bring lawsuits on behalf of the government and enjoy a bounty for success. Particular attention will be given to recent statutory amendments, regulatory guidance and government enforcement policies that have made understanding these laws and avoiding the FCA more important than ever for health care providers.
2 - 3 p.m.
Mergers and Acquisitions in the Trump Era
Chris Sears and Taryn Stone Ice Miller
While there has been a short reprieve, uncertainty still reigns for the long term political fate of the Affordable Care Act (ACA) as ongoing efforts from Congress and the administration to repeal and replace significant pieces of that landmark statute continue. In the face of uncertainty, health care providers are seeking innovative strategies to conserve capital, manage populations and find efficiencies. Trends in recent years demonstrate that mergers, acquisitions and other forms of partnerships are a critical strategy as hospitals and health systems seek to provide coordinated, cost-effective care across the continuum. 2017 has seen a rapid pace of deal activity, which is predicted to accelerate. This presentation will include a discussion of the larger public policy context as well as the legal issues surrounding this flurry of mergers and acquisitions activity.
3 - 4 p.m.
Merit-based Incentive Payment System (MIPS) Update
Tim Kennedy, IHA General Counsel Hall, Render, Killian, Heath & Lyman
This presentation will provide an overview of the latest Merit-based Incentive Payment System (MIPS) developments, including new regulations governing MIPS and Advanced Alternative Payment Models.