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© 2023 AHLA's Speaking of Health Law
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The American Health Law Association (AHLA) is the largest nonprofit, nonpartisan educational organization devoted to legal issues in the health care field with nearly 14,000 members. As part of its educational mission, AHLA's Speaking of Health Law podcasts offer thoughtful analysis and insightful commentary on the legal and policy issues affecting the health care system. AHLA is committed to ensuring equitable access to our educational content. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you experience accessibility issues, please contact accessibility@americanhealthlaw.org.
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Artificial intelligence (AI) holds great promise for improving health care delivery and management, but to realize its potential and avoid missteps, health care leaders need to establish a strong governance model for the acquisition and use of AI in their organizations. Mikaela Lewis, Principal Consultant, Clearwater, speaks with Andrew Droke, Shareholder, Baker Donelson Berman Caldwell & Berkowitz PC, about how AI is being effectively used in health care, privacy and security issues, common misuses of AI, considerations involving AI and business associate agreements, proper due diligence when acquiring AI technologies, dealing with breaches, and the current legal and regulatory environment. Since this podcast was recorded, the Biden Administration has released an executive order on the use and development of artificial intelligence. Sponsored by Clearwater.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 Stacy Bratcher, Vice President and General Counsel, Cottage Health, and Kelsey Jernigan, Partner, K&L Gates LLP, about compliant ways that health care organizations can analyze financial data related to referrals and other types of financial information. They discuss how health care organizations should approach financial analysis, some of the risks tied to analyzing financial data, and how to mitigate risk. Stacy and Kelsey authored an AHLA Bulletin on this topic last year. From AHLA’s Fraud and Abuse Practice Group.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Rob Gerberry, Senior Vice President and General Counsel, Summa Health, explores the role Chief Financial Officers (CFOs) play in helping health care systems navigate the financial headwinds facing the industry. CFOs must work with commercial payer partners on pricing, Medicare and Medicaid on payment issues, and Boards on developing appropriate financial strategies. They must also confront issues like labor and staffing, the balance between maintaining bedside resources while keeping corporate staffing at a necessary level, and the rise of private equity. Rob’s panel includes Robin Damschroder, Executive Vice President and Chief Financial and Business Development Officer, Henry Ford Health System, and Mike Browning, Chief Financial Officer, Ohio Health. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
In this series from AHLA’s Early Career Professionals Council, health law professionals share their career paths, what they wish they had known as students, and what a typical day in their job looks like. In this episode, Alé Dalton, Associate, Bradley Arant Boult Cummings LLP, speaks with Katie Tarr, Shareholder, LBMC. Katie talks about her experience as a non-lawyer in a “health law adjacent” field (health care valuation), the importance of identifying strong companies and leaders, her role in AHLA’s Women’s Leadership Council, why resource/affinity groups are good tools for companies, and how to engage with potential mentors.Watch the conversation here.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 Bruce Toppin, Chief Legal Officer, North Mississippi Health Services, and Jamie McIntyre, Director, HealthCare Appraisers, Inc., about co-management arrangements and how Advisory Opinion (AO) 12-22 influenced the approach to co-management. They discuss the impetus for AO 12-22 and its outcome, common questions or misconceptions about co-management, and how co-management has evolved. Bruce’s health system requested AO-12-22, which was released by OIG in December 2012, and he shares his health system’s experiences. From AHLA’s Fraud and Abuse Practice Group. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Andrew Mahler, Vice President, Consulting Services, Privacy & Compliance, Clearwater, speaks with Robert Kantrowitz, Partner, Kirkland & Ellis LLP, about the evolving regulatory and enforcement landscape around pixel tracking and operationalizing policies and practices to mitigate potential liability. They discuss what tracking technologies are, OCR’s bulletin on tracking technologies and how organizations are responding, strategies for effective compliance, and where the overall conversation about tracking technologies and enforcement is headed. Since this podcast was recorded, the American Hospital Association has sued the Department of Health and Human Services to bar enforcement of its new rule restricting the use of third-party technologies. Sponsored by Clearwater. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Unified Program Integrity Contractors (UPICs) are unlike other Medicare contractors. Lori Foley, Office Managing Principal, PYA, and Brenna Jenny, Partner, Sidley Austin LLP, discuss some of the basic responsibilities of UPICs, what differentiates UPIC audits from other CMS audits, how UPIC audits progress from probe to referral, recommendations for providers who receive a UPIC audit, whether UPICs are effective, and how providers can design robust compliance programs.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Effective September 1, 2023, AHLA’s Dispute Resolution Service (DRS) has developed newly revised commercial arbitration rules. The members of the DRS’ Rules Committee discuss how the DRS operates, why the committee decided to revise the rules, and the specific changes made to the rules. The members of the DRS’ Rules Committee are Gary Qualls, Partner, K&L Gates LLP, Ed Brooks, Partner, McGuireWoods LLP, Chris Sabis, Member, Sherrard Roe Voigt & Harbison PLC, and Hon. Joel Richlin, United States Magistrate Judge, United States District Court for the Central District of California. Ed recently wrote an article for Health Law Connections about the new rules. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Allan Horwich, Partner, ArentFox Schiff, and Crista Brawley, Associate Vice President for Research, Northwestern University, discuss insider trading in the clinical trial setting. They cover the basics of the law of insider trading, the regulatory process for the approval of a new drug by the FDA, confidentiality agreements, risks related to confidential information and disseminating information on public forums, and SEC enforcement. Allan and Crista recently authored an article for AHLA’s Journal of Health and Life Sciences Law about this issue.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Dee Anna Hays, Shareholder, Ogletree Deakins, Tiffany Buckley-Norwood, Associate Counsel, Trinity Health, and Gary McLaughlin, Partner, Mitchell Silberberg & Knupp LLP, discuss best practices for employers with remote and hybrid workforces. They consider how time keeping, reimbursement, reasonable accommodation, drug testing, and other policies may differ for employees who are working from home. Dee Anna, Tiffany, and Gary spoke about this topic at AHLA’s 2023 Annual Meeting in San Francisco, CA. From AHLA’s Labor and Employment Practice Group.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
In this series from AHLA’s Early Career Professionals Council, health law professionals share their career paths, what they wish they had known as students, and what a typical day in their job looks like. In this episode, Rob Yates, Managing Consultant, Berkeley Research Group, speaks with Samuel Shapiro, Assistant U.S. Attorney, Western District of Texas. Samuel talks about his role in the Civil Division representing the United States in False Claims Act cases, how his desire for litigation experience led him to the U.S. Attorney’s Office, and the importance of learning about the different areas of health law and connecting with people in the field early on. Watch the conversation here.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
While clinical decision support tools, especially with the advent of artificial intelligence, have the potential to greatly improve patient care, there are concerns related to patient health and safety and fraud and abuse. Anthony Burba, Partner, Barnes & Thornburg LLP, and Gail Javitt, Director, Hyman Phelps & McNamara PC, discuss the promise and perils of these tools, navigating the Food and Drug Administration’s regulatory efforts, issues related to data storage and validation, and advising providers who are implementing these tools. Anthony and Gail spoke about this topic at AHLA’s 2023 Annual Meeting in San Francisco, CA.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Priya Bathija, Founder and CEO, Nyoo Health, and Marc Goldstone, Executive Vice President and Chief Legal Officer, Wellpath, discuss some of the top health law trends of 2023, the biggest challenges and opportunities the industry is facing, and why it is so important for health lawyers to understand the policy making process. Priya and Mark are speaking at AHLA’s upcoming 2023 Fundamentals of Health Law program in Chicago, IL. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Ramona Thomas, General Counsel, Planned Parenthood of Orange and San Bernardino Counties, Inc., Louise M. Joy, Partner, Joy & Young LLP, and Dr. Sangeeta Sakaria, Medical Director, Emergency Department, UC Irvine, discuss some of the recent changes and updates they have seen in the reproductive health care space, particularly at the state level, and how practitioners of emergency medical care are responding. They cover the Zurawski case in Texas, legal battles over mifepristone and travel, and the impact on access to care. Ramona, Louise, and Sangeeta spoke about this topic at AHLA’s 2023 Annual Meeting in San Francisco, CA.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
2023 has been a very busy year for the federal antitrust agencies, as it relates to important guidance for the health care industry. Lisl Dunlop, Partner, Axinn Veltrop & Harkrider LLP, speaks with Mark Seidman, Assistant Director for the Mergers IV Division of the FTC’s Bureau of Competition, about the promulgation and repeal of different sets of antitrust guidance and the FTC’s views on antitrust enforcement in the health care industry. They discuss the Health Care Policy Statements of 1993 and 1996, which, along with the 2011 Medicare Shared Savings Plan Accountable Care Organization guidance, were repealed by the DOJ and the FTC earlier this year; the new draft Merger Guidelines, which were released for comments in July; and the proposed changes to the Hart-Scott-Rodino premerger notification regime, which were also released for comments in July. From AHLA’s Antitrust Practice Group. Sponsored by Axinn. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
Artificial intelligence (AI) poses unique opportunities and challenges in the quest for health equity. Roma Sharma, Counsel, Crowell & Moring, and Tienne Anderson, Managing Counsel, St. Jude Children’s Research Hospital, discuss the impact of AI on health equity, some of the nascent AI governing approaches, and health equity considerations that should be considered as both AI technology and regulations are developed. Roma and Tienne spoke about this topic at AHLA’s 2023 Annual Meeting in San Francisco, CA. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
AHLA's monthly podcast featuring health lawyer and blogger Norm Tabler's informative and entertaining take on recent health law and other legal developments. To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
In the current health care landscape, joint ventures between for-profit and tax-exempt entities may trigger tax or other reporting consequences that should be considered and addressed at the outset. Jennifer Noel, Corporate Director of Tax, Christiana Care Health System, Robert Friz, Partner, PricewaterhouseCoopers, and Gerald Griffith, Partner, Jones Day, discuss why it’s important for a nonprofit to consider IRS guidance and the various tax implications before entering into a joint venture, the types of issues a nonprofit might encounter, and the types of transactions currently taking place. Jennifer, Robert, and Gerald are speaking at AHLA’s upcoming 2023 Tax Issues for Health Care Organizations program in Washington, DC.To learn more about AHLA and the educational resources available to the health law community, visit americanhealthlaw.org.
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