AHLA's Speaking of Health Law

Alé Dalton, Partner, Bradley Arant Boult Cummings LLP, speaks with Ari Markenson, Partner, Venable LLP, about how early career professionals can use the complexities of the health care industry to their advantage. They discuss why the average health care lawyer is like a “Swiss Army Knife,” how to navigate the sea of acronyms that exist in the health care industry, what the heavily regulated nature of health care means for the practice of law, the value of attending AHLA’s Fundamentals of Health Law conference, and the importance of lifelong learning and establishing one’s professional brand. Ari is Editor-in-Chief of the brand-new title, AHLA’s Health Care Law and Policy Acronyms and Terms. From AHLA’s Early Career Professionals Council. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

David Crapo and Bethany Corbin discuss enterprise risk management for health care organizations, with a particular focus on cybersecurity. They cover the sources of cyberattacks on health care organizations, risks involving third-party vendors, strategies for minimizing cybersecurity risks, legal requirements, different stakeholder responsibilities, dealing with cybersecurity breaches, and legal and regulatory trends. David is co-editor, and Bethany is co-author, of AHLA’s Enterprise Risk Management for Health Care, Fourth Edition. From AHLA’s Hospitals and Health Systems Practice Group. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jenna Brofsky, Partner, Husch Blackwell LLP, and Thomas Spellman, Associate General Counsel and Vice President, Fresenius Medical Care North America, discuss approaches for drafting health care contracts, focusing on negotiation techniques and strategies and non-compete provisions. Jenna and Thomas are co-authors of AHLA’s Health Care Contracts: A Clause-By-Clause Guide to Drafting and Negotiation, Second Edition. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jiayan Chen, Partner, McDermott Will & Emery, and Lauren Willens, Senior Counsel, Henry Ford Health, discuss how health care organizations can safely and responsibly implement artificial intelligence (AI). They cover the opportunities and risks of AI in health care, the current state of AI regulation, the role that patient safety organizations can play in AI safety and application, and how to apply AI in ways that enhance patient safety. Jiayan and Lauren spoke about this topic at AHLA’s 2024 Complexities of AI in Health Care in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Texas recently filed a lawsuit against the U.S. Department of Health and Human Services challenging both the HIPAA Final Rule to Support Reproductive Health Care Privacy and the HIPAA Privacy Rule, with potential implications for the balance of power between federal health privacy regulations and states’ authority to investigate potential legal violations, particularly in the context of reproductive health care. Andrew Mahler, Vice President of Privacy & Compliance Services, Clearwater, speaks with Marti Arvin, Chief Compliance & Privacy Officer, Erlanger Health, about the power play that may be developing and the potential for future challenges to federal regulations that limit state investigative powers. Sponsored by Clearwater. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jennifer Hatchett, Of Counsel, Hall Render Killian Heath & Lyman PC, and Jennifer McGowen, Senior Counsel, Health Plans and Networks, CHRISTUS Health, discuss considerations related to the provider’s role in Medicare Advantage marketing. They cover ways that providers can help their patients select a Medicare Advantage plan, CMS' guidance on “communication” versus “marketing” and what providers can and can’t do, and best practices for providers. Jennifer and Jennifer spoke about this topic at AHLA’s 2024 Health Plan Law and Compliance Institute in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine, Partner, McDermott Will & Emery, about the Department of Justice’s (DOJ’s) updated compliance program guidance and its implications for Board oversight of compliance. They discuss the DOJ’s updated Evaluation of Corporate Compliance Programs guidance, what Boards need to know, and specific considerations for the health care industry. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Nathaniel Mendell, Partner, Morrison Foerster, Kristopher Hult, Principal, Charles River Associates, and Jonathan Porter, Partner, Husch Blackwell, discuss some hot topics related to artificial intelligence in health care and accompanying case law trends. They cover issues related to antitrust, patient facing applications, claims processing and claims maximization, and enforcement efforts. Nathaniel, Kristopher, and Jonathan spoke about this topic at AHLA’s 2024 Complexities of AI in Health Care in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with two health IT leaders, Daniel Clark and Supantha Banerjee, about the current landscape of health IT and some of the biggest challenges they are seeing. They discuss how to drive efficiency and value in health IT systems, how to engage providers in the use of data, how to manage artificial intelligence, the future of innovative delivery care models, and issues related to cybersecurity. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

David E. Kopans, Partner, DLA Piper LLP (US), and Larry Pliskin, Senior Vice President, General Counsel & Chief Compliance Officer, Home Care Delivered, Inc., discuss current trends and developments surrounding the delivery of health insurance coverage in the United States. They cover artificial intelligence in health insurance, marketing health insurance over the internet, alternative pharmacy benefit manager models, and Medicare Advantage supplemental benefits. David and Larry spoke about this topic at AHLA’s 2024 Health Plan Law and Compliance Institute in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Leslie C. Overton, Partner, Axinn Veltrop & Harkrider LLP, speaks with Rebekah Goshorn Jurata, General Counsel, American Investment Council, and Dr. Isabel Tecu, Principal, Charles River Associates, about antitrust agencies' increased scrutiny of private equity in health care. They discuss certain aspects associated with the private equity model, what the literature and studies are saying about private equity, and how to advise clients in the current environment. Sponsored by Axinn. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Brad M. Thompson, Partner, Epstein Becker & Green PC, Chris Provan, Managing Director & Senior Principal Data Scientist, Mosaic Data Science, and Sam Tyner-Monroe, Ph.D., Managing Director of Responsible AI, DLA Piper LLP (US), discuss how to analyze and mitigate the risk of bias in artificial intelligence through the lens of data science. They cover HHS’ Section 1557 Final Rule as it pertains to algorithmic bias, examples of biased algorithms, the role of proxies, stratification of algorithms by risk, how to test for biased algorithms, how compliance programs can be adapted to meet the unique needs of algorithmic bias, the NIST Risk Management Framework, whether it’s possible to ever get rid of bias, and how explainability and transparency can mitigate bias. Brad, Chris, and Sam spoke about this topic at AHLA’s 2024 Complexities of AI in Health Care in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jordan Zoeller, Senior Vice President, Stout, speaks with Julie Sullivan, Shareholder, Greenberg Traurig LLP, about recent trends in the regulation of transactions related to behavioral health providers. They discuss current federal and state oversight trends, state laws impacting behavioral health providers both at the hospital and outpatient levels, and tips for navigating this increasingly scrutinized landscape. Sponsored by HealthCare Appraisers, now part of Stout. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Andrew London, Partner, Foley Hoag LLP, and Peter Fjelstad, Assistant Vice President, State Regulatory and Legal Affairs, Pharmaceutical Care Management Association, discuss the evolution of federal preemption of state health care laws, mainly pertaining to ERISA and Medicare, and the corresponding increase in state efforts to regulate the structure of health care benefits. They cover the 2020 Rutledge case, trends pertaining to state regulation of pharmacy benefit managers and Medicare Part C and D, issues related to conflicting state regulations, the impact of the fall of the Chevron doctrine, recent case law, the limits of federal-state partnerships, and how preemption will continue to evolve. Andrew and Peter spoke about this topic at AHLA’s 2024 Health Plan Law and Compliance Institute in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine, Partner, McDermott Will & Emery, about the nature, role, and purpose of corporate officerships. They discuss general principles related to the roles and fiduciary duties of officers and the specific duties of the Chairman of the Board, CEO, secretary, treasurer, and Executive Chair. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Caroline Reignley, Partner, McDermott Will & Emery LLP, and Travis Lloyd, Member, Bass Berry & Sims PLC, discuss site-neutral payment policy, an issue that is top of mind for many hospitals and health systems given the shifting legal landscape and congressional interest. They cover the history of site-neutral payments; issues related to relocation, expansion of services, claims edits, freestanding emergency departments, and clinic visits; and recent legislative proposals. Travis and Caroline spoke about this topic at AHLA’s 2024 Health Care Transactions in Nashville, TN. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Joe Wolfe, Attorney, Hall Render Killian Heath & Lyman PC, speaks with Marissel Descalzo, Partner, Tache Bronis and Descalzo PA, about the current landscape of health care fraud settlements and enforcement activity. They discuss what triggers a false claim and accompanying investigation, what drives whistleblowers, patterns with respect to false claims cases, examples of recent enforcement actions, areas the Department of Justice is targeting, future enforcement trends, and OIG’s November 2023 compliance program guidance document. They also discuss the second edition of AHLA’s publication, Health Care Fraud Settlement Index. From AHLA’s Fraud and Abuse Practice Group. Watch the conversation here. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Nicholas Kump, Senior Associate, King & Spalding LLP, speaks with Kim Balz, Director of Tax, Bon Secours Mercy Health, and Zack Fortsch, RSM US LLP (retired), about how health care organizations can navigate the Form 990. They discuss why the Form 990 is important, logistics for completing and submitting the Form 990, key parts and schedules in the Form 990, and requirements after the Form 990 is submitted. Nicholas, Kim, and Zack helped produce AHLA's Guide to Form 990. From AHLA’s Tax and Finance Practice Group. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Tara Sklar, Faculty Director, Health Law & Policy Program, University of Arizona James E. Rogers College of Law, and Kathryn Huber, MD, Kaiser Permanente, discuss the prevalence of cognitive impairments as the U.S. population ages and the implications this has for the future of digital health care. They cover the legal and regulatory landscape and issues related to privacy, informed consent, coordination of care, and reimbursement. Tara and Kathryn recently wrote an article for AHLA’s Journal of Health and Life Sciences Law on this topic. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Ritu Cooper, Shareholder, Hall Render Killian Heath & Lyman PC, Greg Demske, Partner, Goodwin Procter LLP, and Melissa Wong, Partner, Holland & Knight, discuss strategies that health care organizations can employ when dealing with fraud and abuse investigations. They cover the full life cycle of an investigation, sharing their own insights and experiences. Ritu, Greg, and Melissa were presenters on AHLA’s new course, Fraud and Abuse Investigations 101. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.