Health Law Committee Newsletter
IN THIS ISSUE...
Message from the Chair, Kenny A. Johnson  
Your Health Law Committee Leadership Team (2015-16)  
ACC Health Law Committee Upcoming Events and Quick Hits  
ACC Health Law Committee Previous Events and Quick Hits  
Wills for Heroes Partnership  
Second Annual Regulatory Summit A Success!  
Mid-Year Meeting Update  
Sponsor’s Corner – Foley & Lardner, LLP  
eGroups  
Job Listings  
Aspiring Writers  
 
Networks
Virtual Library
Renew Your Membership
Update Your Records
Upcoming ACC Programs
Search Back Issues

Webcasts
Updates From ACC Committees

Message from the Chair, Kenny A. Johnson

Greetings,

I hope this message finds all of you well.      

It has been a busy last few months for the Health Law Committee (HLC)!   In April, the HLC held its Second Annual Regulatory Summit in Washington, DC, where approximately 15 HLC members attended a full day of informational meetings on the Hill with representatives of various agencies, including the Center for Medicare and Medicaid Innovation (CMMI), Office of Civil Rights (OCR), Office of the Inspector General (OIG), Senate Health, Education, Labor & Pensions (HELP), and House Energy and Commerce Committee.  As with the first Summit held last year, we are optimistic that these meetings served as a framework for future dialogue, trust, and relationship-building among our members and those agencies that have the greatest impact on our organizations.   

In addition to the Regulatory Summit, your leadership team has been very busy working to accomplish certain elements of the 2015-16 HLC Strategic Plan.  Regarding a key strategy of identifying and pursuing strategic alliances to benefit our members, I am pleased to announce that the HLC and American Health Lawyers Association (AHLA) are in active dialogue regarding possible future collaboration, including cross-promotion of events and legal resources.  We are hopeful to announce specifics in the next few months.  Another key HLC strategy is to evolve internationally consistent with ACC’s mission and vision to be the premier global bar association.  In this regard, a primary HLC goal is to expand HLC membership internationally and to provide more opportunities for these members.  To further this goal, the HLC recently set up an International Subcommittee as part of our leadership team.  This committee is identifying opportunities for our international members, including developing programming tailored for those in the European and Asian-Pacific regions that we hope to roll out before the end of summer.

Speaking of summer, and, with summer just around the corner, the HLC is also pleased to announce the “Keep Cool Summer A/C Series” that it will be co-sponsoring with several other ACC committees.   This two-part series will focus on Advocacy and Career Development, and will take place on the middle Wednesdays of June and July.   The “A” or Advocacy-centric program is scheduled for Wednesday, June 15 at 12:00 EDT, and will feature a presentation by Iliana L. Peters, J.D., L.L.M. Ms. Peters is the Senior Advisor for HIPAA Compliance and Enforcement HHS Office for Civil Rights, and was one of the OCR representatives who met with us during the recent Regulatory Summit.  Based on the productive dialogue that occurred during this meeting, particularly around risk assessments and other practical guidance on avoiding potential pitfalls, the HLC leadership team immediately knew that a similar presentation with a broader audience was a must.  The “C” or Career Development-centric program is scheduled for Wednesday, July 13 at 12:00 EDT, and will feature speakers from Major, Lindsey, and Africa, the global leader in legal search and talent management solutions for the legal industry. We hope all of you will be able to take a break from the heat to participate in this sizzling summer series.      

Finally, I wanted to remind everyone to register for the Annual Meeting October 16-19 in San Francisco.  For those who have never attended, the Annual Meeting is a great collegial event that presents unparalleled networking opportunities, outstanding CLE programming, and most importantly, “plain ole fun.”   As in previous years, the HLC will offer a dedicated health law track to meet the specific CLE needs of our members, as well as a HLC networking breakfast, and an evening social at one of San Francisco’s premier establishments - the Waterbar.   The Waterbar is located on the waterfront of San Francisco’s Embarcadero, and features panoramic views of the bay, Bay Bridge, Treasure Island, and the San Francisco skyline.  We hope all of you can make it to San Francisco and look forward to seeing you. 

In closing and on behalf of the leadership team, I want to thank all of you for making the HLC the best committee in all of ACC.  If you have any suggestions, feedback, or are interested in becoming more involved, please let me or any member of the HLC leadership team know.  You can contact us directly or send an e-mail to: (hlc@acc.com).    

 

Sincerely,

Kenny Johnson

Chair, Health Law Committee
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Your Health Law Committee Leadership Team (2015-16)

Position

Name

Chair

Kenny A. Johnson, Senior Corporate Counsel. Quest Diagnostics Incorporated

Vice-Chair

K Royal, VP, AGC Privacy and Compliance, CellTrust Corporation

Secretary

Jane Orenstein, Director of Legal, Regulatory and Compliance Services, Delta Dental of Washington

Advocacy Chair

Alan Albright, Associate General Counsel, Anthem, Inc.

Communications Chair

Michael Brody, Associate General Counsel, UnitedHealthcare

Membership Chair

Erich Drotleff, Director, Healthcare Legal Counsel, Sutherland Healthcare Solutions

Pharmaceutical Industry Subcommittee Co-Chair

Michele Atchison, Chief Compliance Officer & Corporate Counsel, TrialCard

Pharmaceutical Industry Subcommittee Co-Chair

Debra Bromson, Senior Corporate Counsel and Head of Global Privacy, Jazz Pharmaceuticals

Medical Device Industry Subcommittee Chair

Lisa Castleton, Senior Counsel, St. Jude Medical, Inc.

Academic Medical Centers Subcommittee Co-Chair

Scott Shuman, Director of Legal Affairs, Pacific University

Academic Medical Centers Subcommittee Co-Chair

Mark Tatelbaum, Vice President & General Counsel, Ameritox Ltd

Health Information Management  Subcommittee Co-Chair

Asma Hasan, Chief Legal Officer, HealthTrio, LLC

Health Information Management  Subcommittee Co-Chair

Manuj Lal, General Counsel, PatientPoint

Privacy Subcommittee Co-Chair

K Royal, VP, AGC Privacy and Compliance, CellTrust Corporation

Privacy Subcommittee Co-Chair

Jason Stevens, Assistant General Counsel, Novant Health, Inc.

Hospitals/Providers Subcommittee Chair

Laurie Weinstein, Managing Counsel, The Permanente Medical Group, Inc.

Immediate Past President

Gavin Galimi, Executive Vice President, General Counsel, and Chief Compliance Officer, March Vision Care, Inc.


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ACC Health Law Committee Upcoming Events and Quick Hits

Comparing the US and EU Approach to 'BYOD' and Employee Monitoring (Monthly Quick Hit). Speaker: Marta Dunphy-Moriel, Associate, Registered European Lawyer/Abogad, Fieldfisher. 
As healthcare attorneys, we deal with multiple complex issues,  including monitoring employees.  This fundamental difference in approach to privacy between the US and the EU is reflected in the contrasting approach to employee privacy.We will explore and discuss these differences in approach to employee privacy.

Tuesday, June 7, 2016 at 12:00 PM ET
To register, please click here.

 

Webcasts (CLE/CPD available):

Ransomware, Viruses, and Hackers in Health Care: Recent Trends and Five Steps to Avoid Being the Next Victim.
Speakers: Chanley Howell and Michael Overly (Partners, Foley & Lardner LLP)
As recent headlines have shown, health care providers are being increasingly targeted by hackers and others. Given the complexity and interconnectivity of today’s medical information systems and devices, it has become all too easy for malicious third parties to gain access to the information they contain, and cause significant disruptions to both operations and patient care. We will discuss recent trends involving hackers, malicious insiders and careless employees, as well as how to best protect your systems and data. 

Thursday, June 9, 2016 at 12:00 PM ET
To register, please click here.

US Medicare Parts A and B 60-day Overpayment Rule
Speaker: Jana Anderson, Partner, Foley & Lardner LLP
Under the Affordable Care Act statute, Medicare and Medicaid providers, suppliers and managed care contractors are to report and return an overpayment within 60 days of their identification. Retention of an identified overpayment beyond that 60-day period risks liability under the False Claims Act. On Feb. 11, 2016, the Centers of Medicare & Medicaid Services issued its long-awaited final rule on the mandatory report and return overpayments rule, known as “the 60-day rule”. Under the new rule, which is applicable to Medicare Parts A and B, the clock starts when a provider has “identified” an overpayment, i.e., when the person has, or should have through the exercise of reasonable diligence, determined that the person has received an overpayment and quantified the amount of the overpayment. Counsel to healthcare providers and suppliers must understand the final rule, advise on implementing policies and procedures for reporting and refunding identified overpayments, and implement audit approaches.

Tuesday, June 28, 2016 at 12:00 PM ET
To register, please click here.

 

“A/C Stay Cool” Summer Series

“A” is for Advocacy (Tips for Working with the HHS Agencies).
Speaker: Iliana Peters, HHS Office of Civil Rights
Ms. Peters is the Senior Advisor for HIPAA Compliance and Enforcement HHS Office for Civil Rights and will continue the productive dialogue that occurred during this meeting around risk assessments and other practical guidance on avoiding potential pitfalls. Please join us for Part I of our Keep Cool A/C (Advocacy/Career Development) Series.


Wednesday, June 15, 2016 at 12:00 PM ET
To register, please click here.

“C” is for Career Development (Managing Your Career). 
Representatives of Major, Lindsey and Africa will provide career development advice and practical tips for navigating the legal job market

Tuesday, July 13, 2016 at 12:00 PM ET
To register, please click here.

 

2016 ACC Annual Meeting
October 16-19, 2016
Moscone Center
747 Howard Street
San Francisco, California 94103
For further details and registration, please click here.
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ACC Health Law Committee Previous Events and Quick Hits

Global Look at Physician Payment Transparency Reporting (May 3, 2016)

Let’s Make a Deal: A Door-to-Door View into U.S. Healthcare Mergers & Acquisitions (April 5, 2016)

What is on the US Office of Inspector General (OIG) Radar for its 2016 Work Plan (March 1, 2016)

Agendas and Presentations may be found here.
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Wills for Heroes Partnership

The Health Law Committee is pleased to announce its new partnership with Wills for Heroes. The Wills for Heroes Foundation provides free wills and other estate planning documents to first responders, such as firefighters, police officers, paramedics, corrections and probation officers from federal, state, county, city and town departments and agencies.  Building on the success of the committee's program in New York earlier this year, the committee has teamed up with Wills for Heroes to make a greater impact in communities all over the United States. If you would be interested in volunteering your time and expertise for a Wills for Heroes pro bono clinic, please select your state from the program locator here: (http://www.willsforheroes.org/locator.htm), and contact your local coordinator. All volunteers participate in a short training session and receive insurance coverage for their participation. Learn more about the details of the program here:  (http://www.willsforheroes.org/program.htm). 

 
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Second Annual Regulatory Summit A Success!

On April 12, approximately 20 members of the Heath Law Committee met in Washington, D.C. for the Second Annual Regulatory Summit. Feedback from the members was that it was a very valuable experience and well worth the trip to Washington.

We met with the several agencies and committees, including the following:

  • Center for Medicare and Medicaid Innovation, the office that, among other things, deals with various payment innovations. Much of our discussion focused on recent legislation and proposed regulations on that topic.
  • HHS Office of Civil Rights, where our discussion focused primarily on the privacy and security aspects of HIPAA.
  • HHS Office of the Inspector General - where our session focused on risk assessments and other practical guidance on avoiding potential pitfalls.
  • Majority Staff of the U.S. Senate’s Health, Education, Labor & Pensions Committee, one of the Senate committees with oversight of health issues.
  • Minority Staff of the House of Representatives’ Energy & Commerce Committee, one of the House committees with oversight of health issues.

A good cross-section of the Health Law Committee attended, which represented a diverse perspective from different parts of the health industry. In addition to these informative discussions, there was much interaction among the Health Law Committee group itself.

A third Annual Summit will be planned for next year, likely in the spring of 2017. Please start thinking about which agencies you would like to meet. If you have any questions, please contact Tori Payne at: (payne@acc.com).

 
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Mid-Year Meeting Update

The inaugural ACC Mid-Year Meeting in New York City’s kicked off with a welcome reception on Sunday evening, April 10. Several hundred attendees representing the United States, as well as eleven foreign countries were in attendance.

The session began in earnest on Monday morning, April 11, where, for the next two days, three advanced level program tracks ran consisting of: Contracting Skills & Strategies, Corporate Governance & Board Services Best Practices, as well as Financial Industry Compliance & Data Management.   The three tracks offered invaluable insights for both healthcare and non-healthcare in-house counsel.

Monday’s luncheon guest speaker was Stephen Dubner, co-author of the Freakonomics series. Stephen gave a rather humorous, but thoroughly thought-provoking discussion on the hidden side of workplace incentives, and why some incentives are more successful than others.

Also presented at Monday’s luncheon were two Advocacy Award winners. The Advocacy Award honors an individual or ACC Chapter or Committee that has demonstrated a commitment to advocating on behalf of the in-house counsel profession. This year was the ACC Advocacy Award’s inaugural year. The recipients of this award have engaged in effective advocacy activities over the past year or have a proven track record of advocacy activity over many years. Randy Milch, former General Counsel at Verizon, and the ACC Australia Legal Profession Uniform Law Subcommittee were this year’s Advocacy Award winners. To learn more about their accomplishments, visit the Advocacy webpage. 

 
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Sponsor’s Corner – Foley & Lardner, LLP

Top 10 Things Life Sciences Companies Need to Know About the FCPA
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eGroups

The Health Law Committee (HLC) is nearly 2,000 members strong, and one of our best resources is each other. The HLC eGroup is a forum for members to exchange ideas, share best practices, share template forms, and many other resources. Members may submit eGroup inquiries, and any member may respond. If you are concerned about using your name, you may both respond and post anonymously (eGroup responses are informational only, and are not considered legal advice or counsel).  We highly recommend that you take advantage of this resource. Postings may be found at: (http://www.acc.com/committees/hlc/index.cfm). If you have questions or need assistance, contact Communications Chair Michael Brody at: (hlc@acc.com).

 
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Job Listings

For current career opportunities in the health law practice area, please click here.
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Aspiring Writers

Health Law Committee members who are interested in authoring a blog post, an on-line article or an ACC Docket article are more than welcome. If you are interested, please contact our Communications Chair, Michael Brody.
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