Health Law Section

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

Welcome and Introductions

Speaker

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

Daniel Weinstein, Esq. | Manatt Phelps & Phillips, LLP; New York, NY

9:10 a.m. – 10:25 a.m.

I. How Have/Will Changes at the Federal Level Impact Health Care in NYS

Including banning care to the undocumented, vaccines, gender-affirming care, Medicaid provisions of the OBBA, Medicaid waivers, immigration issues affecting both healthcare employees and patients, and status of federal regulations and executive orders.

Speaker

Brian Marc Feldman, Esq. | Aurelian Law PLLC; Rochester, NY

Cianna Freeman-Tolbert, Esq. | Whiteman Osterman & Hanna LLP; Albany, NY

Brett R. Friedman, Esq. | Ropes & Gray LLP; New York, NY

1.5 MCLE Credits in Areas of Professional Practice

10:25 a.m. – 11:15 a.m.

II. Discussion with the NYS Department of Health

The Public Health and Health Planning Council and the NY Material Transactions Law Including NY material transactions law, licensure and CON process.

Speaker

David G. Abrams, Esq. | Senior Counsel for Special Investigations, NYS Department of Health; New York, NY

Kathy S. Marks, Esq. | General Counsel, NYS Department of Health; Albany, NY

Marthe Ngwashi, Esq. | Senior Counsel for Planning and Development, NYS Department of Health; Albany, NY

Meg O’Leary, Esq. | Senior Attorney Bureau of Program Counsel, NYS Department of Health; Albany, NY

1.0 MCLE Credit in Areas of Professional Practice

11:15 a.m. – 11:25 a.m.

Break

11:25 a.m. – 12:15 p.m.

III. Federal and State Health Information Exchanges

• How health information is shared through the Federal and EHR-based health information exchange, including long-standing and recent initiatives, such as TEFCA, and resulting provider obligations
• New York State activity, including efforts to shift to a common participation agreement, which is required for certain provider entities, to exchange information statewide and to enhance support for the Medicaid program and public health initiatives
• For both Federal and State initiatives, the presenters will cover the features that are necessary and incorporated to protect patient privacy (e.g., patient consent and notice of privacy practices), as well as to secure the information exchanged (e.g., security features such as MFA, business associate agreements, and cyber liability coverage).

Speaker

Alison B. Bianchi | Chief Counsel & Operating Officer, NY eHealth Collaborative; Albany, NY

Puja Khare, Esq. | Vice President Legal, Regulatory, and Professional Affairs, Greater New York Hospital Association; New York, NY

1.0 MCLE Credit in Cybersecurity, Privacy and Data Protection-General

12:15 p.m. – 1:15 p.m.

Lunch

1:15 p.m. – 2:05 p.m.

IV. Changes and Updates in Employment Issues in Healthcare

Including changes in employment due to AI, social media issues, how employers are dealing with “DEI,” implications of the changes in the federal regulators (NLRB, DOL rule changes, pay transparency, and leave issues, including the Pregnant Workers Fairness Act (PWFA). Speaker:

Speaker

Barbara E. Hoey, Esq. | Kelley Drye & Warren LLP; New York, NY

1.0 MCLE Credit in Areas of Professional Practice

2:05 p.m. – 2:55 p.m.

V. Healthcare Antitrust Priorities for NYS and Federal Regulators

• Operating after the withdrawal of the DOJ/FTC Antitrust Guidance for Collaboration among Competitors
• Including the FTC’s position as to non-competes

Speaker

Erik Herron, Esq. | Federal Trade Commission, American Competition Enforcement Division, Assistant Director; Washington, D.C.

Garrett Liskey | US Department of Justice Healthcare & Consumer Products Section, Acting Assistant Chief; Washington, D.C.

Amy Elizabeth McFarlane, Esq. | NY Attorney General, Antitrust Bureau, Assistant Bureau Chief; New York, NY

Moderator

Colin R. Kass, Esq. | Proskauer Rose; Washington, D.C.

1.0 MCLE Credit in Areas of Professional Practice

2:55 p.m. – 3:10 p.m.

Break

3:10 p.m. – 4:00 p.m.

VI. New York Heath Care Legislative Update

Laws and regulations passed in New York affecting healthcare in the past year, including the new Medical Aid in Dying Bill

Speaker

Laura M. Alfredo, Esq. | Executive Vice President and General Counsel Legal, Regulatory, and Professional Affairs, Greater New York Hospital Association; New York, NY

Sandi Jessica Toll, Esq. | Senior Vice President and General Counsel, Healthcare Association of New York State; Rensselaer, NY

1.0 MCLE Credit in Areas of Professional Practice

4:00 p.m. – 4:50 p.m.

VII. Guardrails for Innovation: Navigating AI Legal, Practical and Ethical Issues in Healthcare

This panel will explore those practical issues that healthcare entities experience with AI and the various ways that AI is entering healthcare, including how to structure how healthcare organizations should govern AI use, including frameworks and best practices for responsible AI deployment and legal protections. Topics will include use cases re AI, including the onboarding process for AI systems that build trust with patients and stakeholders, ensuring compliance with regulatory standards, managing risks, and addressing ethical considerations. The discussion will emphasize transparency, fairness, patient safety, and obtaining informed consent for the use of AI and discuss use of scribes, embedding AI in EHRs, AI use for revenue cycle and billing, mental health chatbots.

Speaker

Cherilyn Carlsen, Esq. | Assistant General Counsel and Member of Johnson and Johnson Generative AI Governance Board; Raritan, NJ

John Henry Tator Dow, III, Esq. | Assistant Counsel Trinity Health; Latham, NY

Danielle Kaminski | Managing Director, Stout Consulting; New York, NY

Michelle Lynn Merola, Esq. | Hodgson Russ LLP; Buffalo, NY

1.0 MCLE Credit in Ethics and Professionalism

4:50 p.m. – 5:00 p.m.

Q&A

5:00 p.m.

Adjourn