Health Law Section

9:00 a.m. - 9:10 a.m.

Welcome and Introductions

Speaker

Jane Bello Burke | Hodgson Russ LLP (Health Law Section Chair)

Margaret J. Davino | Fox Rothschild LLP (Program Co-Chair)

Daniel Weinstein | Manatt Phelps & Phillips, LLP New York, NY (Program Co-chair)

9:10 a.m. – 10:00 a.m.

I. Private Equity in Healthcare: Updates in a Cold Investment Market

This presentation will discuss mechanics of and trends in private equity investment in the healthcare sector, touching on sub-sectors of particular interest to investors and legal challenges faced. In particular, this presentation will address how economic pressures have impacted deal flow and structure in the sector, the doubling down on value-based care and providers assuming risk, and how platforms view healthcare data as integral to growth and profitability.

Speaker

Jason S. Madden | Proskauer Rose LLP New York, NY

10:00 a.m. – 10:50 a.m.

II. Mental Health and the Criminal Justice System

This session will describe how New York addresses mental health within the context of the criminal justice system and legal issues regarding institutionalization of mentally ill individuals. Presenters will touch on New York’s legal process and individual rights, prominent reform proposals, and controversies related to forcible institutionalization or relocation, including New York City’s current initiative to address mental illness in the homeless population.

Speaker

Hon. Marcia P. Hirsch | Presiding Judge, Queens Felony Mental Health Court

Hon. Matthew D’Emic | Presiding Judge, Brooklyn Mental Health Court

Moderator

Carol Fisler | Consultant on Criminal Justice and Mental Health Collaborations

10:50 a.m. – 11:05 a.m.

Break

11:05 a.m. – 12:20 p.m.

III. Psychedelics for the Treatment of Mental Health and Substance Use Disorders: A Medical Renaissance with Legal and Ethical Implication

The panel discussion will introduce attendees to current regulatory and research efforts being undertaken on state and federal levels regarding the use of psychedelics for the treatment of mental health and substance use disorders. Attendees will learn about clinical and legal compliance issues regarding the use of psychedelic substances in research and therapy, including ethical issues in study design, patient enrollment, informed consent, and study approval. Healthcare equity issues regarding access to psychedelic therapy upon legalization will also be addressed. It will also distinguish between psychedelics and ketamine practices, and how such are legally structured and operated.

Speaker

Hon. Patrick Burke | NYS Assemblyman, District 142

Kelley O’Donnell, MD, PhD | Psychiatrist and Clinical Research Physician, NYU Langone Center for Psychedelic Medicine

Heather Butts, JD, MPH, MA | Assistant Professor of Health Policy and Management, Columbia University Mailman School of Public Health

Beth E. Roxland, JD, M.Bioethics | Principal of The Roxland Law Firm

Kyle W. Mack, PharmD, JD | Phillips Lytle LLP

Moderator

Lisa L. Smith, Esq. | Phillips Lytle LLP

12:20 p.m. – 12:45 p.m.

IV. New York Legislative Update – What Changes in NY Laws Have Occurred in The Past Year and What Do We Expect to See?

The presentation will review the critical legislation enacted during the 2022 legislative session, a review of significant regulatory changes made and upcoming, and an assessment of what is coming in 2023 from a legislative standpoint impacting on healthcare.

Speaker

James W. Lytle | Manatt Phelps & Phillips, LLP Albany, NY

12:45 p.m. - 1:45 p.m.

Lunch Break

Nassau Room (Second Floor)

1:00 p.m. – 1:15 p.m.

Health Law Section Business Meeting

• Welcome
• Election of Directors
• Other Business
• Adjourn

1:45 p.m. – 2:35 p.m.

V. Abortion Care Post-Dobbs: Advising Providers, Businesses, and Individuals

This session will discuss the numerous implications of the U.S. Supreme Court’s decision in Dobbs v. Jackson that overturned Roe v. Wade, including how the decision has impacted state law trends and the differing healthcare landscapes in restrictive vs. permissive states, employer policies, EMTALA and federal guidance, criminalization of abortion and “aiding and abetting” abortion, considerations for fertility treatment, medical education and residency training, information sharing, and cross-state provision of healthcare, among other areas.

Speaker

Kathy Marks | New York State Department of Health

Louise Joy | Joy & Young LLP Austin, TX

Laura Alfredo | Greater New York Hospital Association

2:35 p.m. – 3:00 p.m.

VI. What to Watch in Behavioral Health: 42 CFR Part 2 Reforms and BH Integration

This session will discuss the proposed changes to the 42 CFR Part 2 regulations to coordinate HIPAA requirements and the federal requirements regarding substance abuse records, as well as discuss actions that payers and providers are taking to integrate behavioral health with medical care, and what to expect with value-based care in behavioral health.

Speaker

Peter A. Egan | Nixon Peabody LLP Melville, NY

Jena M. Grady | Nixon Peabody LLP New York, NY

3:00 p.m. - 3:10 p.m.

Break

3:10 p.m. – 4:00 p.m.

VII. Unwinding the Public Health Emergency

The official end of the Covid-19 Public Health Emergency (PHE) will come as early as the Spring of 2023. Health care providers and their counsel need to be planning now for the changes that will come with the loss of certain waivers and changes to delivery system models. This discussion will address several of these key issues and offer recommendations for providers to be considering to avoid disruptions.

Speaker

Lawrence W. Vernaglia | Foley & Lardner LLP Boston, MA

Stacy Friedman | The Brooklyn Hospital Center Brooklyn, NY

4:00 p.m. – 4:50 p.m.

VIII. Virtual Health, Regulatory and Enforcement Issues, and FemTech

This session will focus on the virtual health bubble and how regulators are coming to grips with their roles overseeing companies that are pushing the bounds of traditional professional practice. Discussion will especially focus on the emergence of “FemTech”, and particular regulatory and operational complexities faced by providers and companies pioneering this delivery of women’s healthcare in a digital age.

Speaker

Delphine O’Rourke | Goodwin Proctor LLP New York, NY

4:50 p.m. – 5:00 p.m.

Q&A

5:00 p.m.

Adjourn