AHLA's Speaking of Health Law

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 a...

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 Negotiatio...

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...

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 reproducti...

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 pro...

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 specifi...

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. Nathani...

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 futur...

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 pharmac...

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...

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 per...

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 scru...

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 Rut...

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. Essent...

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, free...

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 act...

Nicholas Kump, Senior Associate, King & Spalding LLP, speaks with Kim Baltz, 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 99...

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, c...

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 pres...

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...

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 deve...

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 R...

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...

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 topi...

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 cas...