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HoT ToPicS in HEALTH cARE AnD conTinUinG EDUcATion PRESEnTATionS

Sample HealTH Care preSenTaTion TopiCSHealth Care regulatory Update The health care industry is highly regulated and those regulations are continuously evolving. This presentation will cover recent health care regulatory updates, including the latest federal health care reform developments and the ongoing shift to value based health care reimbursement methodologies (e.g., MACRA, the Medicare Shared Savings Program and models adopted by the Centers for Medicare & Medicaid Innovation). It will also address how such changes may impact your industry and organization.

alignment Within the Health Care industryHealth care providers and suppliers understand that their success under the evolving health care payment regime will require them to align with one another—whether through employment arrangements, practice acquisitions, joint ventures, super groups, accountable care organizations, clinically integrated networks or other structures. This presentation will describe various potential alignment structures and related business and regulatory considerations.

identifying and managing Health Care Compliance risksFederal agencies have an active enforcement agenda targeted at many segments of the health care industry. This presentation will describe the sources of the government’s enforcement authority; key laws and regulations; the role of whistleblowers; the range of potential penalties, recoveries and damages; and the government’s increasing focus on personal liability. It will also identify key risk areas for your organization or business and discuss how to manage compliance risks when identified by you or by an outside party. Topics include the role of an effective compliance program in avoiding, detecting and responding to compliance risks; what to do if the FBI shows up at your place of business; conducting internal investigations; responding to external audits and investigations; and utilizing government self-disclosure protocols to resolve compliance matters.

The Sunshine actThe Sunshine Act of 2010 is a federal law intended to increase transparency regarding certain potential conflicts of interest within the health care industry. More specifically, the law requires certain manufacturers to track and report payments and other valuable items provided to physicians and teaching hospitals. Medical device companies, hospitals, research institutions, physicians and others need to be aware of these requirements and know how to protect themselves in connection with the law. This presentation will provide an overview of the Sunshine Act, highlight common pitfalls and provide practical guidance for ensuring compliance by your organization.

Hipaa and Data privacy and Security It’s now relatively common for cybersecurity incidents and data breaches to headline our daily news. In addition to the harm inflicted on patients, these occurrences can be financially and reputationally devastating to health care businesses and organizations. This presentation will provide an overview of the key legal requirements for your organization, ways to mitigate legal risk before an incident occurs and how to prepare for and respond to a potential breach.

negotiating Supply Chain and Vendor ContractsBusinesses that service hospitals, health systems and others in the industry often face unique challenges when negotiating procurement contracts as a result of rigorous group purchasing organization requirements, stringent and often inconsistent HIPAA and other data and information security requirements and federal and state fraud and abuse laws and other health care laws and regulations. This presentation will highlight certain key terms and provide practical guidance for mitigating legal risk and setting your organization up for success.

Ulmer attorneys enjoy helping our clients and friends navigate through the many challenges facing today’s health care industry. We frequently provide high quality and informative educational presentations on a wide range of relevant topics. Some examples include those described below. all presentation topics may be tailored to the needs of your organization – whether you desire a ten minute report to your Board regarding certain legal risks, an hour-long workforce compliance training session or a half-day program that offers continuing education credit.

“We frequently provide high quality and informative educational presentations on a wide range of relevant topics.”

physician employment agreementsMore and more physicians prefer to be employed by health care providers instead of owners of their own private practices. This presentation will discuss the underlying trend towards physician employment and explain key issues that arise when physicians enter and exit employment arrangements. Further, the presentation will share practical strategies for reviewing and negotiating employment contracts.

Starting a Health Care BusinessThe health care industry is a thriving and growing economic sector. This presentation will outline fundamental considerations when structuring and organizing a new health care business – whether a small physician practice or an information technology start-up. The discussion will not only outline fundamental corporate law principles and parameters for raising money but also cover lessons learned and strategic considerations for raising money, maximizing flexibility and positioning yourself for a successful exit.

Buying and Selling a Health Care BusinessCorporate mergers, acquisitions and other reorganizations in the health care industry must be structured to not only achieve the desired business objectives but also mitigate legal risk and ensure compliance with applicable state and federal health care regulations. This presentation will provide useful tips for structuring, negotiating and closing a transaction within this space.

Health Care real estate leasing: Dos and Don’tsFinancial and business relationships that are permissible in any other industry are not permissible in the health care industry. This presentation will explain when a real estate lease implicates the federal and state health care laws and regulations, such as the federal Anti-Kickback Law, the federal Stark Law as well as IRS tax exempt requirements. It will also share important dos and don’ts for ensuring compliance with such requirements.

employer onsite medical Clinics Many mid to large size employers are establishing onsite medical clinics, which can improve employee wellness and morale and result in significant cost savings. This presentation will address various health law, employee benefit and employment law considerations with respect to the operation and establishment of such clinics.

medical marijuana in ohio On September 8, 2016, the Ohio legislature passed House Bill 523, legalizing medical marijuana in Ohio and establishing the Ohio Medical Marijuana Control Program. This program will allow people with certain medical conditions to purchase and use medical marijuana upon the recommendation of an Ohio-licensed physician certified by the State Medical Board. Various state agencies are currently in the process of promulgating regulations to implement the law, and the State will begin reviewing applications from cultivators this summer. This presentation will provide an update on the current status of the program and timeline for implementation; highlight issues of interest to health care providers, patients and caregivers; and discuss conflicts between federal and state law. Members of Ulmer & Berne’s Employment and Labor Group are available to provide an overview of employers’ rights and responsibilities when employees use medical marijuana.

ensuring Compliant Debt Collection practices The health care industry faces unique challenges when attempting to collect its receivables. Using an outside debt collecting agency or law firm may seem like an easy way to maximize collections. However, before attempting to collect your accounts internally or turning over patients’ accounts, your organization should have a basic understanding of the Fair Debt Collection Practices Act, Telephone Consumer Protection Act and state specific consumer protection statutes. This presentation will also discuss when the FDCPA and HIPAA intersect during collections.

“all presentation topics may be tailored to the needs of your organization.”

Nonprofit CorporationsMany health care organizations are organized as nonprofit corporations. Nonprofit corporations enjoy a special status under state and federal laws and in return, they are held to different standards. This presentation can cover a range of topics, depending on interest: how to organize and operate a nonprofit corporation; qualifying a nonprofit corporation for tax-exempt status; the responsibilities of nonprofit boards and members; restrictions against private benefit and private inurement and how to comply with them; change of control transactions; the Attorney General’s authority to regulate nonprofit transactions; and recent litigation involving nonprofit corporations. Members of Ulmer & Berne’s Tax Group are available to address specific tax considerations.

Board GovernanceExpectations for Boards of Directors are high and the challenges facing health care organizations and companies are complex and rapidly changing. This presentation will provide an overview of the Board’s fiduciary duties and oversight responsibilities, with

examples from recent high profile events. It will also provide practical information to assist Boards in effectively managing conflicts of interests – why conflicts of interest matter, how to identify them, and best practices for dealing with them.

antitrust overview The antitrust laws prohibit competitors from engaging in certain activities and sharing certain sensitive information. This presentation provides an overview of antitrust laws, regulations and guidance that are key to your day to day operations and business discussions with your competitors. It will also highlight recent developments and enforcement activity in the health care sector.

Changing Role of the Medical StaffAs an increasing number of physicians are employed by hospitals and health systems, what remains of the role of the independent medical staff? If an employed physician engages in inappropriate behavior, is this a matter for human resources or the medical staff to address? What are the pros and cons? Who decides? If a physician is discharged for good cause, what is the impact on his/her medical staff privileges? This presentation will address these and other areas of tension, as well as the critical responsibility of the medical staff for peer review and navigating peer review disputes.

ohio Health Care reformOhio has taken full advantage of Medicaid expansion funded by the Affordable Care Act (ACA), and under Governor Kasich’s leadership, Ohio has developed innovative Medicaid programs. What is the current status of efforts to repeal/replace/repair the ACA? How would these proposals affect patients and health care providers in Ohio? This presentation will provide an update on the status of health care reform and discuss the impact of health care reform on Ohio’s health care safety net.

To talk with our attorneys or schedule a seminar, please contact us at 216.583.7000 or ulmer.com.

Stephanie Dutchess Trudeau

Partner

Peter A. Rome Chair, Business

Department

David W. LeopoldChair, Immigration

Law Group

Patricia A. Shlonsky Chair, Tax Group & Employee Benefits

Ulmer & Berne’s health care attorneys work together as a team

to ensure that our health care clients achieve their overarching business

objectives while simultaneously complying with the vast and

continuously changing federal and state health care regulations.

We represent a wide-variety of health care clients, including for example hospitals, health systems, single and multi-specialty physician groups, emergency and hospitalist staffing companies, billing companies, preferred

provider organizations, management service organizations, physician hospital organizations, clinics, nursing homes, pharmaceutical and durable medical equipment suppliers and other entities in the health care field.

Ulmer attorneys collaborate across a variety of specialized practices to deliver high-quality, efficient services to clients in a timely manner.

To talk with our attorneys or schedule a seminar, please contact us at 216.583.7000 or ulmer.com.

David D. Black Co-Chair, Banking & Commercial Finance

Stanley D. PrybeCounsel

Daniel A. GottesmanPartner

Michael A. Marrero Co-Chair,

Cybersecurity & Privacy

Evelyn K. Holmer Counsel

Kristen W. BooseCounsel

(L) Jennifer Lawry Adams, Chair, Health Care Practice(R) Anne Strassfeld, Counsel

Frances Floriano Goins Co-Chair,

Cybersecurity & Privacy

Ann Strassfeld Counsel

Jennifer Lawry Adams Chair, Health Care

®

ulmer.com

To talk with our attorneys or schedule a seminar, please contact us at 216.583.7000 or ulmer.com.