Health Law Section

9:00 a.m. – 9:10 a.m.

Welcome and Introduction

Speakers

Anoush Koroghlian-Scott, Esq. Lippes Mathias LLP Albany, NY Margaret J. Davino, Esq. Fox Rothschild, LLP New York, NY

9:10 a.m. – 10:00 a.m.

Stark and Anti-Kickback Statute Updates

This session will discuss the Stark regulations that became effective last year and what changes healthcare providers have made (and should make) to comply with them. The presentation will address and focus on the significant changes that affect ongoing provider operations, including but not limited to the donation of cybersecurity infrastructure, how modifications to the “group practice” definition impact physician groups, changes to the personal services, warranties, local transportation and electronic health record safe harbors, and the new value-based care regulations.

Speaker

Edward S. Kornreich, Esq. Proskauer Rose, LLP New York, NY

1.0 Credit in Areas of Professional Practice

10:00 a.m. – 10:05 a.m.

Break

10:05 a.m. – 10:55 a.m.

Law and Ethics during the Pandemic: Individual Rights vs the Common Good

In this session, a panel will discuss the COVID-19 epidemic, ethical issues in looking at individual rights versus the common good, the impact on the health care system in New York, and implications for the future. Areas of discussion will include vaccination mandates, mask mandates, suspension of certain health care laws and regulatory protections, the continuing health care staffing shortages, crisis standards of care, health equity and transparency, the NYS Task Force Report on ventilatory allocation, ethical considerations for attorneys in their practice, and provider liability, among other topics. The discussion will also include how government makes these decisions and the role of expertise, both medical and normative.

Speakers

Dr. Joseph J. Fins, M.D., M.A.C.P., F.R.C.P. Weill-Cornell Medical College, Chief, Division of Medical Ethics; Visiting Professor of Law, Yale Law School New York, NY Laura M. Alfredo, Esq. Senior Vice President & General Counsel, Greater New York Hospital Association New York, NY Kapil Longani, Esq. Counsel to the Mayor’s Office New York, NY

1.0 Credit in Ethics

10:55 a.m. – 11:10 a.m.

Break

11:10 a.m. – 12:00 p.m.

New York State’s Surprise Billing Law Against the Backdrop of the Federal No Surprises Act

This session will detail the current state of New York’s surprise billing law and will also provide an overview of the federal No Surprises Act. The speakers will discuss uncertainty among stakeholders as to implementation and operationalization of surprise billing laws and current legal challenges underway associated with recent regulations promulgated under the No Surprises Act. They will also discuss how the new federal law and regulations interact with state surprise billing laws and the potential policy implications and operational considerations of these various consumer protection initiatives.

Speakers

Robin Gelburd, J.D. President, FAIR Health New York, NY Harold N. Iselin, Esq. Greenberg Traurig, LLP; Counsel, NY Health Plan Association Albany, NY

1.0 Credit in Areas of Professional Practice

12:00 p.m. – 12:05 p.m.

Break

12:05 p.m. – 12:55 p.m.

COVID-19/Post-COVID-19 Law Enforcement and Medicaid Program Integrity Regulatory Priorities-2022 and Beyond

This session will feature both a NY Deputy Medicaid Inspector General and a former NY Medicaid Fraud Control Unit prosecutor discussing potential future law enforcement and program integrity initiatives that have developed during, and as a result of, the COVID-19 pandemic, including (i) telehealth and telehealth scams, (ii) systemic issues exposed by COVID-19 in the operation of nursing homes, (iii) the Paycheck Protection Program, the Provider Relief Fund and the NYS Opioid Settlement Fund, and ensuring that taxpayer dollars were/are appropriately secured and expended,(iv) vaccine mandates and ensuring that government funded health care providers are complying with applicable rules, and (v) OMIG's adaptation of auditing in a remote environment and audit priorities in the upcoming year.

Speaker

Christopher M. Shaw, Esq. Partner, Barclay Damon LLP New York, NY Jay S. Speers, Esq. Deputy Medicaid Inspector General for Division of Medicaid Audit New York, NY

1.0 Credit in Areas of Professional Practice

12:55 p.m. – 1:00 p.m.

Closing Remarks

9:00 a.m. – 9:10 a.m.

Welcome and Introduction

Speakers

Margaret J. Davino, Esq. Fox Rothschild, LLP New York, NY

9:10 a.m. – 10:00 a.m.

Antitrust and Regulating Competition in Healthcare

This session will be a substantive discussion and update from both the New York Attorney General Antitrust Bureau Chief and outside counsel involved in the current litigation brought by the Federal Trade Commission against Hackensack Health System, regarding recent antitrust litigation and rulings in health care and hospital mergers, non-compete enforcement, and pharmaceutical pricing. The presenters will provide of overview of recent notable events impacting New York and the nation more generally, as well as discussing current priorities of the Biden Administration in promoting and regulating competition in the sector.

Speakers

Elinor R. Hoffman, Esq. Chief of the Antitrust Bureau, New York Attorney General’s Office New York, NY David E. Dahlquist, Esq. Winston & Strawn LLP Chicago, IL

1.0 Credit in Areas of Professional Practice

10:00 a.m. – 10:05 a.m.

Break

10:05 a.m. – 10:55 a.m.

Private Equity and Outside Investment in Healthcare

In this session, a healthcare investment banker and an attorney specializing in private equity deals will discuss what areas of health care are of most interest to private equity, the multiples being offered, legal issues in structuring a private equity deal, and how to address legal concerns that may arise during due diligence for such transactions. The speakers will also discuss navigating private equity deal making in the context of COVID and how disruption caused by the pandemic has affected deal mechanics.

Speakers

Ari J. Markenson, Esq. Venable LLP New York, NY Gillian Marcott Citizens Bank, Director, Healthcare Investment Banking New York, NY

1.0 Credit in Areas of Professional Practice

10:55 a.m. – 11:15 a.m.

Section Business Including New York Bar Foundation Presentation and Section Officer Elections

11:15 a.m. – 11:20 a.m.

Break

11:20 a.m. – 11:45 a.m.

Hospital Price Transparency

The session will provide an overview of the Centers for Medicare & Medicaid Services (CMS) Hospital Price Transparency requirements, including the posting of machine-readable file and consumer-friendly listing of 300 “shoppable” services or a patient out-of-pocket cost estimator tool, and hospital operational challenges in complying with the regulations. In addition, it will discuss CMS enforcement actions and recent increases in potential civil monetary penalties.

Speakers

Laura M. Alfredo, Esq. Senior Vice President & General Counsel, Greater New York Hospital Association New York, NY Elisabeth R. Wynn Executive Vice President, Greater New York Hospital Association New York, NY

0.5 Credit in Areas of Professional Practice

11:45 a.m. – 12:05 p.m

Break

12:05 p.m. – 12:55 p.m.

CMS Innovation Models and New York Medicaid Waiver

This session will discuss federal and state innovations in the payment for and delivery of health care to federal health care program beneficiaries. The first part will feature a discussion on federal innovations and the ever-changing payment and care delivery landscape being pioneered by the Center for Medicare and Medicaid Innovations, as well as addressing recent changes by CMMI to existing programs and its plan for future innovation models. The second part of this session will focus on New York’s proposed new Section 1115 Medicaid demonstration waiver, featuring a discussion of its contents, implementation timeline, and impact on providers, managed care, and Medicaid beneficiaries.

Speakers

Adam M. Finkelstein, Esq. Manatt, Phelps & Philips, LLP Washington, D.C. Brett R. Friedman, Esq. Medicaid Director and Deputy Commissioner, New York State Department of Health, Office of Health Insurance Programs New York, NY

1.0 Credit in Areas of Professional Practice

12:55 p.m. – 1:00 p.m.

Closing Remarks