Michigan's Evolving Health Care Coverage Landscape
A teleconference/webinar originally presented April 16, 2014
A discussion of how coverage options under the Affordable Care Act are being implemented in Michigan, including the Healthy Michigan Plan and the Health Insurance Marketplace experience in our state. She also briefly discussed Michigan's demonstration to provide capitated integrated care for Medicare Medicaid eligibles and Medicare Accountable Care Organization initiatives.
Speaker: Janet Olszewski, Health Management Associates
Materials: as a PowerPoint Presentation | MP3
Software Licenses: What You Don’t Know Can Hurt You
A teleconference/webinar originally presented March 26, 2014
Health care providers, from primary care physicians to large health systems, are facing an increased demand to adopt technology. Government incentives, perceived efficiency gains, and employee and patient satisfaction are pushing more technology into the health care space. This adoption, however can create unforeseen legal and business risks for health care providers as they attempt to navigate alternative licensing and delivery methods, the “cloud,” and an increasing rate of vendor-driven audits.
Speakers: Nathan Steed, Warner Norcross & Judd LLP
Samuel Frederick, Foster Swift Collins & Smith PC
Materials: as a PowerPoint Presentation | MP3
Anatomy of a HIPAA Breach
A teleconference/webinar originally presented February 26, 2014
An educational program presented in conjunction with the Midwest Chapter of the American College of Healthcare Executives.
Speakers: Maureen D’Agostino, SVP, Quality, Service and Performance Excellence
Colleen McClorey, Associate General Counsel, University of Michigan Health System Legal Office
Materials: as a PowerPoint Presentation | MP3
Meaningful Use, Patient Portals and Exchanges
A teleconference originally presented January 29, 2014
A presentation on meaningful use, patient portals, and exchanges covering these timely technology issues.
Speaker: Melissa Markey Hall, Render, Killian, Heath & Lyman, PLLC
Materials: as a PowerPoint Presentation | PDF | MP3
Changes to the Hospital IPPS: Two Midnights & More
A teleconference orginally presented November 20, 2013
A discussion of the recent changes to the Hospital Inpatient Prospective Payment System (IPPS), which took effect October 1, 2013. These changes include new guidelines on when an inpatient stay is medically necessary—the so-called "two midnight" rule. It also comprises the circumstances for which a hospital can bill Medicare Part B when Medicare Part A payment is denied on medical necessity grounds. The teleconference will provide an overview of these changes and will include a focused discussion of how the changes impact hospitals.
Speaker: Andrew B. Wachler, Wachler & Associates PC
Materials: PowerPoint Presentation | PDF
A teleconference originally presented September 25, 2013
The Sunshine Rules, which took effect August 1, 2013, requires drug and device manufacturers to report to the Centers for Medicare & Medicaid Services certain information regarding financial relationships with physicians and teaching hospitals. Beginning in 2014, this information will be publicly available on a CMS website. The teleconference will provide an overview of the Sunshine Rules and will include a focused discussion of how the Rules impact physicians and hospitals. The speaker for the teleconference will be Leah Voigt, who will discuss reporting requirements under the Sunshine Rules and how physicians and hospitals can prepare for, and respond to, public disclosures of their financial relationships with drug and device manufacturers.
Speaker: Leah A. Voigt, Spectrum Health Hospitals, Grand Rapids
Materials: Sunshine Rules: Impact on Physicians & Hospitals PDF
Audio (59 min) MP3 6.8MB
Telemedicine Practice in Michigan
A teleconference originally presented June 25, 2013
Provides and overview of telemedicine in Michigan and including a discussion of the current legal framework and legal barriers to the practice of telemedicine.
Medicare Fundamentals: From Part A to Part D
A two-part teleconference originally presented May 7 & 21, 2013
Continuing the Health Care Law Section’s teleconference series on health care law fundamentals, we are pleased to announce a series addressing Medicare basics. The two-part series will cover a variety of topics ranging from basic information about the Medicare program to more complicated and nuanced topics such as reimbursement and fraud and abuse concerns. The presentation will provide highlights covering eligibility criteria, funding, provider enrollment, coverage and reimbursement, provider pitfalls, and CMS and government enforcement initiatives. Please join us for Medicare Fundamentals: From Part A to Part D on May 7 and May 21, 2013.
Speaker: Georgeann Edford RN, MBA, CCS-P
Materials: May 7 (Part 1) PDF
Audio (1hr 6 min): May 7 (Part 1) MP3 7.6MB
Materials: May 21 (Part 2) PDF
Audio (1hr 14 min): May 21 (Part21) MP3 8.4MB
Health Care Related Reporting Obligations: "Who ya gonna call?"
A two-part teleconference sponsored by the Substantive Law Committee of the Health Care Law Section
The recent Penn State investigation and the resultant media attention focusing on the duty to report criminal or non-compliant activity serves as a powerful reminder to us that our health care clients are subject to a myriad of state and federal mandatory reporting requirements.
Part 1: Presented March 27, 2013
Moderator: Thomas C. O'Brien
Panelists: Martha Rabaut Boonstra and Dave O'Brien
Materials: Presentation | Guide PDF
Listen to the audio (1hr 7min): MP3 7.6MB
Part 2: Presented, April 9, 2013
Pros and Cons: Certificate of Need in Michigan
A teleconference originally presented February 28, 2013
Approximately 300-400 applications and 400-600 letters of intent are filed and reviewed under Michigan's certificate of need regime every year. This presentation provides a general introduction to this critical area of Michigan health care law for attorneys new to health care and provides the tools to learn more. It also looks at some emerging issues, such as the legality of the hospital bed review standards and the CON law in general, in light of federal constitutional and antitrust laws.
Speaker: Ryan Vlcko, staff attorney, McLaren Health Care Corp.
Materials: Seminar Materials PDF
Listen to the audio (1hr 4min): MP3 7.3MB
Hot Labor Topics for Health Care Lawyers
A teleconference originally presented February 13, 2013
Whether you have a union or not, recent labor and employment law changes affect you. This teleconference provides an up-to-date review of the new Michigan right to work law as well as critical changes in NLRB adjudication relating to social media, micro bargaining units, confidentiality, and other employer policies. Two seasoned labor lawyers with extensive health care experience presented key concepts that enable you to alert your organization to potential problem areas and to initiate strategy discussions.
Speakers: Thomas W.H. Barlow and Roderick D. Gillum
Materials: Hot Labor Topics for Health Care Attorneys Teleconference PDF
Listen to the audio (57 minutes): MP3 5.8MB
Electronic Medical Record Adoption: Pitfalls for the Unwary
A teleconference originally presented January 23, 2013
Many providers are finding the transition to the electronic medical record (EMR) to be challenging. While the usual "growing pains" accompanying the adoption of new software are expected, EMR systems may have some hidden surprises that providers may not consider when using the EMR. This teleconference considers the litigation, privacy, and other concerns presented by EMR adoption. The new EMR landscape requires an understanding of how EMRs can work for—and against—providers.
Speakers: Martha Rabaut Boonstra, JD, RN and Emily Klatt, JD
Materials: EMR Adoption: Pitfalls for the Unwary PDF
Listen to the audio (51 minutes): MP3 6.5MB
POST: Physician Orders for Life Sustaining Treatment Issues
A two-part teleconference originally presented September 11 and 25, 2012
Planning for and implementing end-of-life decisions creates issues for attorneys, health care institutions, and professional providers, patients, and their families. Such decisions are fraught with legal, ethical, and philosophical challenges. Learn from two diverse panels of experts about POST issues and initiatives in Michigan.
Moderator: Caroline Dellenbusch, Esq.
POST Materials PDF
Listen to the audio (1hr 24min): MP3 9.6MB
A panel discussion on a broad overview of POST-related legal and ethical problems for attorneys and health care providers; past and present initiatives; and current state sanctioned pilot programs in Michigan.
Speakers: Robert C. Anderson, Esq., Thomas Tomlinson, PhD, Sheila Gomez, and Laura Napiewocki
Listen to the audio (1hr 21min): MP3 9.4MB
A focused discussion of actual problems and considerations for attorneys, treating physicians, and health care provider institutions facing practical challenges to address end-of-life situations, and past, present, and future governmental action to address POST-related issues.
Speakers: Josh Ard, Esq.,
Alain Durocher, David Rogers, Esq.,
and Laura Napiewocki
The Pitfalls of Progress: Tricks and Traps of EMRs
A teleconference originally presented May 15, 2012
Electronic medical records have been touted as a solution to improve safety, increase efficiency, and decrease costs in health care. Nothing is without risk though, and this teleconference will address some of the less-publicized challenges of EMRs—EMR errors, implementation challenges, and risks and possible liabilities associated with the transition to electronic medical records and health information exchange.
Moderator: Ronni Tischler
Speaker: Melissa Markey, Hall, Render, Killiam, Heath & Lyman PLLC
Materials: Pitfalls of Progress PDF
Listen to the audio (64 minutes) MP3 7.4MB
Retention of Overpayments: New Rules and Responsibilities
A teleconference originally presented April 17, 2012
This presentation will assist health care providers in understanding the recently published proposed rule addressing the requirement that providers repay overpayments within 60 days of identifying the overpayments. The presentation will address areas where the proposed rule places additional burdens and responsibilities on health care providers. Special emphasis will be placed on continued areas of uncertainty particularly with respect to when the 60-day "clock" starts ticking.
Speaker: Timothy Gutwald, Hall Render Killian Heath & Lyman, Troy
Materials: Retention of Overpayments PDF
Listen to the audio (55 minutes) MP3 6.2MB
Employer Social Media Policies: I Tweeted on Twitter, Am I Facebook Fired or Linked-In to a Lawsuit?
A teleconference originally presented February 23, 2012
This presentation will assist health care employers in understanding: the proper utilization of social networking sites for applicant screening; the effective management of social media in the workplace; and the limitations on dealing with employees who misuse electronic communications. There will be a special emphasis placed on National Labor Relations Board decisions that apply to virtually all private-sector employers. The presentation will also briefly describe other recent NLRB decisions governing the wearing of badges and insignia in patient treatment areas—new restrictions on the utilization of old world media.
Speakers: Tom Barlow and Rod Gillum, Jackson Lewis LLP
Materials: Social Media Policies PDF
Listen to the audio (1:07 minutes) MP3 6.6MB
Basics of Information Technology Contracting in Health Care
A two-part teleconference originally presented January 25 and 31, 2012
Negotiating information technology (IT) contracts for the purchase of software, hardware, and services is a challenging task for attorneys. IT contracts are generally drafted by vendors and typically fail to give health care providers adequate protection and, often times, contain hidden costs and pitfalls. Accordingly, it is important that attorneys be familiar with the basic legal and business considerations necessary to negotiate a complete IT agreement that safeguards their client's interests.
Part I of the series will be a panel discussion on the basics of IT contracting, with an emphasis on issues specific to health care providers.
Part II of the series will involve a mock negotiation of an IT software contract followed by a discussion on negotiation strategies and key issues for health care providers and software vendors.
Materials: Sample Master Agreement PDF Janet Knaus, Warner Norcross & Judd LLP and Melissa L. Markey, Hall Render Killian Heath & Lyman PLLC
Listen to the audio (59 minutes) MP3 6.6MB
Moderator: Matthew Keuten, Honigman Miller Schwartz and Cohn LLP
Making Sense of Meaningful Use
A teleconference originally presented November 29, 2011
This presentation will give an overview of Medicaid and Medicare financial incentives for "meaningful use" of electronic health records (EHRs) with special emphasis on procedures and benefits for eligible providers. The EHR incentives will be explained in the context of the federal government's policy emphasis on the use of health information technology to improve cost-effectiveness, quality, safety, and the transition to emerging business models such as Accountable Care Organizations. The presentation will also briefly describe other programs in Michigan that support EHR adoption.
Speaker: John Hazewinkel
Moderator: Cynthia Wisner, Trinity Health
Material: Making Sense of the Meaningful Use Incentives for EHR Adoption PDF
Listen to the audio (1:16 minutes) MP3 8.7MB
Mental Health Parity Requirements: Past, Present, and Future
A teleconference originally presented October 18, 2011
Even though the latest mental health parity law was passed in 2008, questions continue to arise about parity requirements and how they should be interpreted and applied, especially in light of health care reform. This seminar will provide an overview of the Mental Health Parity Act of 1996, the Mental Health Parity and Addiction Equity Act of 2008, and how they affect health plans, providers, and consumers. We will also discuss how the Patient Protection and Affordable Care Act and mental health parity laws interact and what parity will look like in the future.
Speaker: Lisa Varnier
Moderator: Carl Pate
Material: Mental Health Parity Requirements PDF by Lisa Varnier
Listen to the audio (46 minutes) MP3 5.2MB
The Audit Landscape: Medicare, Medicaid, and Private Payor
A teleconference originally presented June 15, 2011
Health care providers and suppliers are facing an unprecedented era of audit activity. This teleconference will focus on the current auditing activity impacting Michigan providers and suppliers, including Medicare, Medicaid, and private payor audits. The speakers will describe common issues arising in audits. The presentation also will address appeals strategies, should providers and suppliers be faced with an audit.
Speakers: Connie Blachut, Blue Cross Blue Shield of MI and Jessica L. Gustafson, Health Law Partners PC
- Professsional Audit Process PDF
- Michigan Audit Landscape PDF
Listen to the audio (1 hour)
- Windows Media (streaming audio format) WMA
Legal Issues Regarding Midlevel Providers in Health Care
A teleconference originally presented June 8, 2011
Midlevel providers such as CRNAs, nurse practitioners, nurse midwives, and physician's assistants are finding an increasing role in today's healthcare marketplace. These health care professionals provide a range of patient care services under the supervision of a licensed physician. This seminar will explore the education, training and licensing of midlevel providers, how they are being utilized in the health care industry, reimbursement issues related to their practice, prescriptive authority, and other legal issues your clients may encounter regarding the supervision and regulatory requirements applicable to this class of health care providers.
Speaker: Martha Rabaut Boonstra, Hall Render Killian Heath and Lyman
Materials: Advanced Practice Nurses & Physician Assistants PDF
Listen to the audio (1 hour, 4 minutes) Windows Media (streaming audio format) WMA
Covenants Not to Compete in the Health Care Marketplace
A teleconference originally presented June 1, 2011
In an increasingly competitive environment, the protection of health care relationships and other business interests has grown in importance. Michigan permits noncompete arrangements in the health care arena, but careful draftsmanship is required to ensure enforceability. This teleconference will explore the pitfalls along the path to enforcement.
Speaker: Thomas W. H. Barlow, Jackson Lewis LLP
Material Covenants Not to Compete PDF
Listen to the audio (1 hour, 6 minutes)
Windows Media WMA
Emerging Uses of ADR in Health Care
A teleconference originally presented February 23, 2011
ADR is no longer merely a tool for resolving otherwise litigated disputes. Innovative ADR practitioners and health care clients are finding the same skills used in facilitation and mediation can be applied to resolve disputes in numerous contexts across the spectrum of health care. This seminar will explore how you can expand your own ADR practice, and how your health care clients can benefit from broader use of alternative dispute resolution.
Speaker: Donna J. Craig
Seminar Materials PDF
Social Media Considerations for Health Care Providers
A teleconference originally presented February 17, 2011
Social media is everywhere, presenting both opportunities and challenges. This teleconference will focus on:
- The explosion of social media generally and in health care in particular
- Tweeting, posting, and friending . . . legal implications for health care providers
- Employment law considerations
- Tips for making social media work for your organization
- Mary Pate, Honigman Miller Schwartz and Cohn
- Linda S. Ross, Honigman Miller Schwartz and Cohn
Materials not available online.
A teleconference originally presented January 27, 2011
Michael R. Shpiece, Kitch Drutchas Wagner Valitutti & Sherbrook
Tara L. Slone, Hall Render Killian Heath & Lyman
Seminar Materials PDF
Teleconference: Health Care Reform for Hospitals: Tax and Program Integrity Issues
A teleconference originally presented June 16, 2010
Our presenters will discuss:
- New Internal Revenue Code Section 501(r)
- Community Health Needs Assessment and Form 990 Requirements
- Mandatory Programs and Reporting
- Amendments to Fraud and Abuse Laws
Teleconference: Introduction to Proposed Rules for the Medicaid and Medicare EHR Incentive Programs
A teleconference originally presented April 29, 2010
The presentation will focus on the American Recovery and Reinvestment Act of 2009 (ARRA) authorized payments of up to $45 billion to eligible providers and professionals whyo become "meaningful users" of electronic health records. While the Medicare and Medicaid incentive programs are in the rulemaking stage, the tight timetable and detailed standards require attention from providers who wish to take advantage of the incentives or avoid future penalties. This program will give an overview of the programs on the national level and the ARRA-funded health information technology programs that are particular to the state of Michigan.
Addressing Certificate of Needs Issues
A teleconference originally presented March 25, 2009
Key issues in 2009 under the Michigan certificate of need (CON) program, as well as addressing new developments in CON, compliance, and enforcement issues, and offering general tips for effective management of CON issues by hospitals and other health care providers. Topics will be addressed from the perspectives of both the provider and the CON Program Section.
Seminar Materials PDF
Introduction to Tax-Exempt Matters
A teleconference originally presented January 13, 2009
This program will provide a basic overview of key tax law concepts likely to be encountered by health care attorneys. Attorneys new to the Practice of health care law and those wanting an update on some basic tax law concepts will want to participate. This teleconference will include discussion of tax-exempt classifications, governance and transparency of tax-exempt organizations, the redesigned Form 990, and intermediate sanctions rules.
Seminar Materials PDF
Primer on Pay for Performance and Quality Measures
A teleconference originally presented December 9, 2008
This program is an introduction to patient safety and quality issues, including:
Listen to the audio (1 hour, 25 minutes) MP3 34MB
- What groups are gathering hospital quality data
- How is the data being used and by whom
- Implications for Payors and Providers
- Pending Michigan Legislation on patient safety issues
Originally presented as a teleconference on October 14, 2008
The New Stark Regulations: Content and CMS Commentary
On August 19, 2008, CMS published in the Federal Register a final rule containing revisions to the Stark Law regulations. The revised regulations affect the "stand in the shoes" rule, services provided "under arrangement," per-click and percentage-based compensation, and other important changes, many of which are effective October 1, 2008.
Seminar Materials PDF
Originally presented September 23, 2008 as part of the Section's Annual Meeting
Stark Law Education Programs
Originally presented as a 5-part program covering both basic and advanced Stark law issues
Stark Primer—Part III (Physician Recruitment Case Study (Advanced))
February 14, 2008
Stark Primer—Part II (Physician Focus)
January 31, 2008
This teleconference will provide a basic overview of the Stark Law from the physician's perspective. It will include
discussion of the general application of the Stark Law andsome of the more commonly used exceptions.
The Physicians Perspective PDF
Stark Primer—Part I (Basic—Hospital Focus)
January 24, 2008
This teleconference will provide a basic overview of the Stark Law from a hospital's perspective.
Overview of the Stark Law PDF
Navigating the Blues
Michigan Health Information Network: A Review of the MiHIN and its Impact on Providers and Health Care Attorneys
Originally presented as a teleconference on November 30, 2007
This intermediate level teleconference will include an overview of the MiHIN and what different regions are doing by way of planning and implementation, clinical examples of the impact of the MiHIN on providers, and a practical discussion of how the MiHIN impacts providers and health care attorneys.
MiHIN Resource Center PDF
Roundtable Discussions from September 19, 2007
Consumer-Driven Health Care: Better Care or a Passing Fad?
Originally presented as part of the 2007 Annual Meeting on September 19, 2007
Medicare Secondary Payer
Metadata: What is it and how does it affect e-discovery?
The Impact of Recent Appellate Decisions on Medical Litigation
Originally presented as a teleconference on March 27, 2007
Current Issues in Coordination of Benefits
JCAHO'S New Credentialing and Privileging Standards: What do Our Clients Need to Do?
Property Tax Exemption Requirements for Charitable Institutions
Transparency: The Benefits of an Open and Honest Dialogue
Certificate of Need: Legal and Enforcement Update
Pitfalls and Possibilities: A Practical Approach to Managing Electronic Contracting
Orginally presented as a teleconference on March 22, 2006
Do you want to help your clients maximize the benefits of this technology while avoiding the legal pitfalls? Then register today to learn about the legal, evidentiary and business considerations associated with electronic contracting.
Program Outline PDF
Program Reference Materials PDF
Understanding Medicare Part D and Consumer-Directed Health Plans
Liability Insurance for Health Care Providers and Facilities
Pharmacy Benefits Issues: Choosing and Living With Your PBM: How to Cover Your Bases Before It's Too Late
Annual Review of Health Care Issues for Consumers: Conference for Legal Aid, Elder Law, and Health Law Attorneys
Issues and Challenges Facing The Industry Under Small Group Market Reform
The Technology of Prescribing Medications: The Legalities of the Use of Computer Technology in Issuing and Filling Prescriptions
Dealing With MPRO About EMTALA Issues: How to Avoid this Process and what to Expect When Dealing With MPRO if EMTALA Issues do Arise
Regulatory Update—MDCH Reorganization, CMS/Premier Quality Initiative, and JCAHO PRR Process
HIPAA Security Regulations and Implementation