Health Law Section September 1999 Newsletter Articles

 

From the Chair . . .
Jay Hardcastle
Boult Cummings Conners & Berry, PLC

I would like to take this opportunity to invite — no, encourage — each of you to take advantage of the fantastic seminar that Debbie Larios has helped us put together for this fall. The TBA Health Law Forum for 1999 is scheduled for Thursday and Friday, October 14 and 15, allowing you to obtain your full requirement of CLE hours for the year, including 3 hours of ethics credit, all focusing on the practice of healthcare law. This year we have our best ever schedule. The program presents a balance of, on the one hand, local talent from across the state and, on the other hand, nationally known experts and speakers. We made a conscious effort to build the program around people who were able to deliver their material with flair and wit. I hope to see you there.
Alice Gosfield from Philadelphia will focus on pressing physician-related issues such as cost-saving incentives and clinical practice guidelines. Donna Clark from Vinson & Elkins, one of the country’s foremost experts on Stark, will lead us through some of the proposed changes to the Stark law and focus on the future of self-referral legislation. As usual, Sandy Teplitzky will focus on fraud and abuse matters and lead us through new developments in that area, including (hopefully) new safe harbors that might be published this summer.
Patricia Meador, who used to have a leadership role at the TBA but now practices in North Carolina, has agreed to speak on professional reimbursement issues involving allied health professionals, such as nurse practitioners, physician’s assistants, and the like. These sort of professionals have become more and more critical, especially in rural areas, as managed care pressures have forced work downstream.
Columbia’s David Weil has agreed to fill us in on the coming revolution in outpatient reimbursement, as HCFA transitions from a cost-based system to a prospective pay system in that area, and Professor Jim Blumstein of Vanderbilt Law School has agreed to present the results of his latest academic endeavors in the health care field by expounding on his latest research regarding the anti-kickback statute. Professor Blumstein’s theories are pro-provider and take an “out of the box,” almost radical look at anti-kickback and self-referral legislation.
In keeping with the compliance theme that has run through the last several TBA programs, Meg Mazzone has agreed to present a program on practical and implementation issues involving corporate compliance programs. Meg will draw from her experience as vice president, Ethics and Compliance for Quorum. Also, rounding out Thursday’s schedule, Rachel Waterhouse from the U.S. Attorney’s Office in the Middle District of Tennessee, along with Debbie Larios, Donna Torsney and John Voigt will present a roundtable discussion on compliance perspectives of the government and health care attorneys.
The program will open on Friday morning with Berry Holt’s traditional presentation on the “year in review,” focusing on state law and state regulatory developments since the last seminar, hitting several federal high points. Berry will be followed by Bill West of Stokes & Bartholomew, who plans to discuss recent legal developments in Tennessee that make it difficult for public hospitals and private entities to do business together.
Following Bill West’s presentation, Bill Myers of Wagner, Myers & Sanger will discuss patient and managed care liability.
Perhaps the number one potential source of business today for many health lawyers is representing physicians, hospitals, and physician practice management companies in connection with “undoing” physician deals. Kevin Outterson of Baker Donelson will tacke the legal issues involved in undoing these deals.
Given the current wave of computerization of medical records, and congressional mandates on transferring and storing electronic healthcare information, issues involving how to keep those records confidential have moved to the forefront. Stephen Page at Waller Lansden will deliver a presentation on anticipated regulatory requirements governing medical records and electronic records.
No one was more surprised than I was when my friend and colleague Mark Thompson was indicted on Medicare fraud charges for drafting agreements that the government later claimed merely documented an illegal arrangement between physicians and hospitals. Lee Barfield of Bass Berry & Sims will discuss issues raised in connection with Mark’s prosecution in: “Personal Liability of Health Care Attorneys — The Implications of U.S. v. Anderson.” Lee’s presentation will be eligible for dual credits.
We will conclude, as usual, with an ethics presentation. This year, Gary Hunt has agreed to make the presentation. Gary plans to use videos, a panel discussion, and other interactive materials focusing on the representation of healthcare clients. Yes, ethics can be entertaining as well as educational!
In short, Debbie has done a fantastic job this year of helping us put together a strong group of engaging speakers.