AHLA's Speaking of Health Law

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.

Alé Dalton, Partner, Bradley Arant Boult Cummings LLP, speaks with Mara Smith-Kouba, Counsel, Bristol Myers Squibb, and Avery Schumacher, Associate, Epstein Becker & Green PC, about the experiences and challenges of Millennial and Gen Z health law professionals. They discuss the takeaways from a survey of early career professionals by Major, Lindsey & Africa, harnessing and supporting the power of mentorship, recognizing changing priorities and values around work culture and hybrid work environments, and sustaining a diverse and inclusive workforce. They also discuss the work of AHLA's Early Career Professionals Council and how to become more involved. Alé is the current Chair of AHLA’s Early Career Professionals Council, and Mara and Avery are past Chairs. From AHLA’s Early Career Professionals Council. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jon Moore, Head of Consulting Services and Client Success and Chief Risk Officer, Clearwater, speaks with Leah Voigt, Chief Compliance Officer, Corewell Health, and Dr. Mark Sendak, Population Health and Data Science Lead, Duke Institute for Health Innovation, about the policies, procedures, and structures that guide the application of artificial intelligence (AI) in health care. They discuss developing ethical principles and decision-making processes to guide AI use cases, fostering effective collaboration and dialogue about the use of AI, transparency and consent, federal agency and state law developments, ensuring representative data in creating AI, and opportunities and risks. Leah and Mark spoke about this topic at AHLA’s 2024 Complexities of AI in Health Care in Chicago, IL. Sponsored by Clearwater. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Hope Levy-Biehl, Partner, Davis Wright Tremaine LLP, and Ryan Thurber, Shareholder, Polsinelli PC, discuss the growing trend of shifting patient care for acute illnesses into the home. They cover the federal hospital at-home waiver, state-level developments, special considerations related to the at-home care model, factors driving the growth of the model, and the future of at-home care. Hope and Ryan spoke about this topic at AHLA’s 2024 Institute on Medicare and Medicaid Payment Issues in Baltimore, MD. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Ashlee Gray, General Counsel, Transforming Age, and Aleah Schutze, Of Counsel, Steptoe & Johnson PLLC, discuss how long term care providers can navigate the legal and practical considerations of medical marijuana. They cover the current legal and regulatory landscape, legal and compliance risks for providers, and best practices for providers regarding the storage and administration of medical marijuana. Ashlee and Aleah spoke about this topic at AHLA’s 2024 Long Term and Post-Acute Care Law and Compliance in San Diego, CA. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

James L. Burke, Hall Render Killian Heath & Lyman PC, and Carmen Johnson discuss how to use value-based enterprise (VBE) within the Stark and Anti-Kickback safe harbors to advance health systems’ needs. They cover the four components of VBE, the Stark and Anti-Kickback VBE rules, and how creating a VBE can be a good strategy and significantly reduce risk. James and Carmen spoke about this topic at AHLA’s 2024 Institute on Medicare and Medicaid Payment Issues in Baltimore, MD. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Joseph Zielinski, Compliance and Privacy Officer, CarDon & Associates, and Michelle R. Adams, Associate General Counsel, Ensign Services, discuss how to measure a long-term care facility’s compliance and ethics program. They cover why compliance is so important in the context of long-term care facilities, existing compliance and ethics frameworks, CMS’ Requirements of Participation, recent cases that highlight the importance of compliance effectiveness, and how to measure and utilize data to demonstrate compliance effectiveness. Joseph and Michelle spoke about this topic at AHLA’s 2024 Long Term and Post-Acute Care Law and Compliance in San Diego, CA. From AHLA's Post-Acute and Long Term Services Practice Group. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Eric Setterlund, Partner, Bradley Arant Boult Cummings LLP, speaks with Melissa Soliz, Partner, Coppersmith Brockelman PLC, Annie Harrington, Chief Legal Officer, Pyx Health, and Sarah Raybin, Counsel, Vanderbilt University Medical Center, about how to launch a successful social determinant of health (SDOH) platform for sharing data among a patient’s care team. They discuss the types of SDOH platforms, legal issues related to using these platforms, considerations when evaluating and launching these platforms, and barriers to participation in these platforms. They 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.

Rob Gerberry, Senior Vice President and Chief Legal Officer, Summa Health, speaks with Michael Peregrine, Partner, McDermott Will & Emery, about how the Biden Administration’s antitrust and competition enforcement initiatives are impacting health care board duties. They discuss how health care antitrust risk and enforcement have changed and how health care boards can respond. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

The health care industry is still parsing the effects of the Supreme Court’s recent decisions in Loper Bright Enterprises v. Raimondo, which ends Chevron deference, and SEC v. Jarkesy, which entitles defendants to a jury trial when the government seeks civil penalties. Chip Hutzler, Partner, HMS Valuation Partners, speaks with Greg Demske, Partner, Goodwin Procter LLP, and Jonathan Porter, Partner, Husch Blackwell LLP, about how these decisions will impact the health care industry. They discuss which health care regulations may come under closer scrutiny after Loper Bright and the kinds of health care civil penalties that may be affected under Jarkesy. Jonathan recently co-authored an article for Health Law Weekly about this topic. From AHLA’s Fraud and Abuse Practice Group. Sponsored by HMS Valuation Partners. AHLA will cover these issues in a webinar on August 29. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

On June 20, a federal judge in Texas sided with the American Hospital Association in its lawsuit against the Department of Health and Human Services’ (HHS’) updated guidance on the use of tracking technologies. Andrew Mahler, Vice President, Consulting Services, Privacy & Compliance, Clearwater, speaks with Carolyn V. Metnick, Partner, Sheppard Mullin Richter & Hampton LLP, about the key takeaways from American Hospital Assn. v. Becerra and how health care providers and technology vendors can navigate the regulatory landscape after this ruling. Carolyn recently wrote an article for AHLA’s Health Law Weekly about HHS’ guidance. Sponsored by Clearwater. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

For more than six years and nearly 80 episodes, Norm Tabler has entertained AHLA with his unique take on recent health law and other legal developments. Now, Norm bids farewell to the Lighter Side of Health Law. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Delphine O’Rourke, CEO, 8Fold Inc., speaks with Ramona Thomas, General Counsel & Vice President of Risk and Compliance, Planned Parenthood of Orange and San Bernardino Counties, about the recent Supreme Court decisions that impact women’s health. They discuss FDA v. AHM and the use of mifepristone in medication abortions, Moyle v. United States and the conflict between Idaho’s abortion law and EMTALA, and Loper Bright Enterprises v. Raimondo and the end of Chevron deference. They also discuss the practical impacts of these decisions on health care providers and what to expect over the next few months. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Edo Banach, Partner, Manatt Phelps & Phillips LLP, and Keith Lagnese, Chief Medical Officer, Sutter Care at Home, discuss the structure and delivery of palliative care. They cover issues related to regulation, oversight, and reimbursement. Edo and Keith spoke about this topic at AHLA’s 2024 Long Term and Post-Acute Care Law and Compliance in San Diego, CA. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Dan Grauman, Managing Director and CEO, Veralon, speaks with Cristina Cavalieri, SVP and University Counsel, Thomas Jefferson University Hospital, and Jeannie C. Frey, SVP, Chief Legal Officer and General Counsel, CHRISTUS Health, about health care system governance structures. They discuss the drivers of health care governance structure changes, how governance models are evolving, challenges of implementing governance structure changes, governance issues related to mergers and acquisitions, and issues related to senior management. Sponsored by Veralon. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Valerie G. Rock, Principal, PYA, and Kristin M. Bohl, Member, Bass Berry & Sims PLC, discuss the 2024 Medicare Physician Fee Schedule (MPFS) Final Rule, specifically changes related to Evaluation and Management (E/M) visits. They cover CMS’ Framework for Health Equity and requirements related to clinical integration, community-based organizations, and community health workers. Valerie and Kristin spoke about this topic at AHLA’s 2024 Institute on Medicare and Medicaid Payment Issues in Baltimore, MD. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Delphine O’Rourke, CEO, 8Fold Inc., speaks with Naseem Sayani, General Partner, Emmeline Ventures, about how the current legal and regulatory landscape is impacting innovation and investment in women’s health. They discuss the connection between investment and innovation and access to health care, where investment and innovation are taking place, how employers are driving the fertility market, and investment predictions. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Alexis L. Angell, Shareholder, Polsinelli PC, Lindsey P. Ridgway, Vice President, Deputy General Counsel, Integris Health, and Scott Nichols, Partner, Nichols Brar Weitzner & Thomas, share their insights and experiences on a range of medical staff issues. They cover physician behavior and professionalism concerns, physician health issues, HR and peer review, educating physicians on medical staff policies, and challenges related to reporting. Alexis, Lindsey, and Scott spoke about this topic at AHLA’s 2024 Advising Providers: Legal Strategies for AMCs, Physicians, and Hospitals, in New Orleans, LA. From AHLA’s Medical Staff, Credentialing, and Peer Review Practice Group. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.

Jeff J. Wurzburg, Senior Counsel, Norton Rose Fulbright, Mackenzie S. Wallace, Partner, Thompson Coburn, and Elise D. Brennan, Partner, Conner & Winters LLP, discuss the lifecycle of payer/provider disputes and some of the current trends in this area. They cover considerations related to outstanding accounts receivable, the benefits of arbitration, drafting arbitration clauses, initiating a dispute, sampling, motions practice, when mediation makes sense, and considerations related to artificial intelligence. Jeff, Mackenzie, and Elise spoke about this topic at AHLA’s 2024 Advising Providers: Legal Strategies for AMCs, Physicians, and Hospitals, in New Orleans, LA. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.