Approved for 7.5 hours of CLE credit, including 2.0 hours of ethics and professionalism in Kansas and Missouri.
8:30 AM Registration & Continental Breakfast
9:00 AM Closing a Medical Practice
Kirk Doan, Stinson Leonard Street LLP, Kansas City, MO
Many factors are causing medical practices to close: declining reimbursement, increasing overhead, hospital employment, aging providers, regulatory compliance, and others. Accenture reports that the percent of physicians in private practice, which was 57% in 2000, will shrink to 33% by the end of this year. A number of issues must be addressed before you assist in locking the doors of a medical practice that is closing. In this session we will highlight some of the thornier issues, including: medical records and HIPAA, malpractice, accounts receivable, tax allocations, employee claims, refund claims, drug inventories, retirement plans, covenants, no-shop agreements, warranty and representation minefields, Stark Law and Anti-kickback safe harbors, conflicts of interest, ethical issues, and more.
9:50 AM Lawyering in Health Law Today: Issues of Legal Ethics in Urgent or Emergency Situations
Jamila Jefferson-Jones, Professor, University of Missouri-KC, Kansas City, MO
Ann Marie Marciarille, Professor, University of Missouri-KC, Kansas City, MO
Irma Russell, Professor, University of Missouri-KC, Kansas City, MO
Issues of life and death arise in health care all too often. As a result, doctors have routinized checklists and materials packs to be ready for the urgent or emergency issues when they arise, as they inevitably will. Lawyers in general and those working in health care law in particular can gain a valuable lesson from the proactive approach of doctors. Like doctors, lawyers are likely to face issues in situations of urgency and even in cases of life and death emergencies. In health law such issues include do-not-resuscitate orders, emergency Medicare appeals, HIPPA requirements, and other tools for dealing with myriad issues of medical representation. Analyzing the duties of lawyers who represent patients, hospitals, physicians and other clients involved in health care issues is of paramount importance to the well-being of both people and institutions.
All lawyers are subject to the rules of ethics and professional conduct of their jurisdictions of practice. With the exception of California, all jurisdictions in the U.S. have adopted rules modeled on the American Bar Association’s Model Rules of Professional Conduct (“Model Rules”). While the Model Rules present durable principles, the world is changing, often with complex and stringent changes. Representations of clients organized in corporate or organizational forms also can introduce more complexity into the lawyer’s consideration. Inspired by Professor Barbara Glesner Fines’ article The Ethics of Emergency Lawyering in the Georgetown Journal of Legal Ethics, this presentation addresses ethical, professional, and legal implications of "emergency" lawyering and some of the pitfalls that can arise for lawyers in the area
10:40 AM Break
10:55 AM Running the Gauntlet of NPDB Reporting Requirements (75 min)
Sandy Smith, Esq., Kansas City
Kelli Stevens, Kansas Board of Healing Arts, Topeka
This presentation will provide a comprehensive overview of the reporting requirements to the National Practitioner Databank by health care facilities and the Kansas Board of Healing Arts. The emphasis will be on the substantive changes in the NPDB Guidebook issued in April 2015, which impact how facilities handle investigations, professional review actions, and related reporting to the NPDB. The effect of the NPDB’s changes on the scope of agency actions required to be reported by the Kansas Board of Healing Arts will also be discussed.
12:10 PM Lunch (provided)
1:10 PM Adventures in Regulatory Wonderland: Down the Rabbit Hole of the Corporate Practice of Medicine Prohibition in Kansas
Randy Schultz, Lathrop & Gage LLP, Overland Park
Kelli Stevens, Kansas Board of Healing Arts, Topeka
This presentation will provide a general overview of the corporate practice of medicine doctrine, relevant Kansas statutes and case law. Other state regulatory barriers, potential consequences for violations, current trends and possible solutions will be discussed from both a regulatory and client perspective.
2:00 PM Break
2:15 PM Case Law Update for 2016 (25 mins)
Jerry Hawkins, Hite Fanning & Honeyman, LLP, Wichita
This presentation will review recent case law in the health care field.
2:40 PM 2016 Legislative Update (25 mins)
Andy Marso, Kansas Health Institute New Service, Topeka
KJ Wall, Forbes Law Group, LLC, Shawnee Mission
The presenters will discuss recent legislative action that most directly impacts health care providers and practitioners. Many health-related bills are still outstanding as the Legislature heads into the final weeks of the 2016 session.
3:05 PM Break
3:20 PM Medicare Overpayments: The Final Rule
Frankie Forbes, Forbes Law Group, LLC, Shawnee Mission
This session will summarize the major provisions of the Final Rule for Medicare overpayments that was released on February 12, 2016. A significant portion of the presentation will focus on how to identify an overpayment, how to calculate the appropriate lookback period and the process to report and return the overpayments.
4:10 PM Ethics and the “Root of All Evil” in Nineteenth Century American Law Practice
Michael H. Hoeflich, Professor, University of Kansas
In this session I will discuss the history of the treatment of greed and avarice in the ethical rules applied to the legal profession. Beginning in the nineteenth century writers on legal ethics were concerned with the ways in which greed might cause lawyers to act unethically. David Hoffman, the author of the first American work on legal ethics included a rule against greed in his ethics rules. This continued to be a concern of legal ethicists until the late nineteenth century when specific prohibitions against greed were replaced by rules on legal fees. We will explore the history of this rule and why it changed as it did.
5:00 PM Adjourn
Kirk Doan has over 35 years' experience dealing with matters concerning health law, real estate and business law. Kirk’s wife is a practicing OB/GYN physician and he has extensive experience handling physician and medical practice business issues for many Midwestern physicians, dentists, pharmacists and medical entities, including employment, practice acquisition, physician associations, managed care and hospital contracting, ASC and critical access hospital construction, and regulatory compliance. He is a past President of the Greater Kansas City Society of Health Care Attorneys. He also has a Martindale-Hubbell® AV® Preeminent™ Rating and received recognition by Missouri/Kansas Super Lawyers in health care law, Best of the Bar by the Kansas City Business Journal, Top Lawyers by Corporate Counsel in its Annual Guide to Health Care Law, and Best Lawyers in America® in the practice area of Health Care Law. He is a Past President of the Lawyer’s Association of Kansas City.
Jamila Jefferson-Jones teaches courses in Property, Real Estate Transactions and Professional Responsibility. Her scholarship reflects her intellectual interest in theories of property and ownership as well as in property and wealth attainment by communities and groups on the margins of society. Her recent work has three strands: (1) the interplay between and among sex, race, status and property; (2) the intersection of property and criminal justice theory; and (3) the regulation of the housing sector of the sharing economy. Prior to entering academia, Professor Jefferson-Jones practiced law at firms in the District of Columbia and in her home town of New Orleans. Her areas of practice included business counsel, transactions, real estate and insurance matters, as well as civil and commercial litigation. She has also served as a staff attorney in the Orleans Public Defenders office. Professor Jefferson-Jones is a graduate of Harvard College and Harvard Law School. At Harvard Law School, she was an executive editor of the Civil Rights-Civil Liberties Law Review and delivered the graduate English oration at the university’s 346th commencement.
Ann Marie Marciarille is an associate professor of law specializing in health care law. Her research interests are in health care regulation and finance with a particular interest in health care reform. Before joining UMKC, she had a long career as health law attorney, including 10 years as a health care antitrust prosecutor for the California Attorney General’s office and several years as a legal services attorney specializing in health care matters. Professor Marciarille is a summa cum laude graduate of Amherst College and a cum laude graduate of Harvard Law School, where her studies were focused on public interest representation. She also holds a Masters in Theology, specializing in ethics, from Harvard Divinity School. She has published articles on Medicare reform, health care finance reform and health care provider quality issues. Professor Marciarille taught Health Law, Health Care Reform, Elder Law, Disability Law, and Public Health Law at the University of California, Hastings College of the Law, Boalt Hall/Berkeley Law School and Pacific McGeorge School of Law.
Irma S. Russell is the Edward A. Smith/ Missouri Chair in Law, the Constitution, and Society at the University of Missouri-Kansas City. Among the courses Professor Russell teaches are environmental law, administrative law, and professional responsibility. Prior to coming to UMKC, she served as Dean of the University of Montana School of Law and as the NELPI Professor and Director of the National Energy-Environment Law & Policy Institute at the University of Tulsa College of Law. Professor Russell was the Chair of the ABA Section on Environment, Energy & Resources in 2011-12. She has also served as Chair of the AALS Section of Natural Resources and Energy Law, the Section of Professional Responsibility and the Section of Socio-economics. She serves on the Board of Dividing the Waters, an organization of judges and lawyers focused on issues of water adjudication in the Western United States, and on the Editorial Board of Natural Resources and Energy. She has served as the chair of the Professionalism Committee of the ABA Section of Legal Education and Admission to the Bar and as a member of the ABA Standing Committee on Professionalism and the ABA Standing Committee on Ethics and Professional Responsibility. In practice, Russell represented potentially responsible parties, government entities, lenders, and others on issues arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the National Environmental Policy Act (NEPA), wetlands designation, site mitigation, and other environmental issues. Professor Russell earned her J.D. from the University of Kansas. She clerked for The Honorable James K. Logan, United States Court of Appeals for the Tenth Circuit and practiced in Kansas, Missouri, and Tennessee.
Sandy Smith has more than 20 years of legal experience in the areas of hospital operations and health care regulatory compliance. Her practice focus includes experience in the development of medical staff and hospital bylaws; medical staff credentialing, peer review and fair hearings; patient care matters including patient treatment and informed consent issues, advance directives and mandatory reporting requirements; general risk management issues; development of policies and procedures; accreditation body compliance and scope of practice issues. Her compliance focus includes assisting with the interpretation and application of EMTALA, HIPAA, the Medicare Conditions of Participation, state licensing laws and regulations and The Joint Commission standards. She also defends physicians in professional licensure cases. She holds a bachelor of science degree in nursing. During the time she practiced nursing, she received certificates for excellence in nursing practice from the American Nurses Association and the American Association of Critical Care Nursing. In the past, Ms. Smith has held hospital managerial and administrative positions including director of critical care services, interim chief nursing officer and vice president of regulatory affairs. She also formerly worked in the Survey and Certification Group at Region VII CMS.
Kelli Stevens serves as the General Counsel for the Kansas Board of Healing Arts, where she has been employed for 16 years. She is also an adjunct faculty member at Washburn University where she teaches a course on legal and regulatory issues for health care professionals. Prior to joining the Board, Ms. Stevens was an Assistant Attorney General in the Kansas Attorney General’s Consumer Protection Division and worked as a staff attorney for Kansas Legal Services, Inc. Ms. Stevens earned her Bachelor’s degree in Health Information Management from the University of Kansas and her Juris Doctor from Washburn University School of Law.
Randal Schultz is the chair of the firm’s Healthcare Strategic Business Planning Practice group and also brings a wealth of experience related to Insurance/Employee Benefits Law. From the beginning of his career, Mr. Schultz has represented large and small healthcare entities in all of their corporate structure, finance and governance needs and is involved with the design of ACO and High Performance Provider networks. He works extensively with hospitals (private and governmental) and physician groups, as well as other for-profit and not-for-profit entities on their corporate and governance structure, contract matters, employee benefit issues, compensation planning issues, and insurance program design and development. Mr. Schultz also practices in the areas of insurance and employee benefits law. He assists companies with the design and implementation of insurance programs for national and local employers, insurers and reinsurers. His benefits/insurance practice involves working with self insured and fully insured employee benefit and property and casualty programs including insurance brokerage agreements, excess and reinsurance structures, off shore captive insurance companies, and the relationship between the programs, the insurers and the regulators. Mr. Schultz represents associations with the design of self-insured health benefit and property and casualty liability programs as well as working with implementing Risk Retention Groups and other captive insurance company arrangements. He assists with both public and private self-insured entities and has worked extensively with insurance regulators in various states and foreign countries.
Jerry Hawkins is a partner in the firm of Hite, Fanning & Honeyman, L.L.P. He practices principally in the areas of health care law and medical malpractice defense, and also focuses a portion of his practice on civil litigation representing clients in personal injury and wrongful death matters. Jerry is a frequent speaker on matters of interest to the legal profession.
Andy Marso, M.A., Writer, joined the Kansas Health Institute in 2014 as a journalist for the KHI News Service, a partner in the Heartland Health Monitor reporting collaboration with KCUR, KCPT and Kansas Public Radio. He previously covered state government news for the Topeka Capital-Journal, where he won the Burton W. Marvin Kansas News Enterprise Award, and received the Great Plains Journalism Award for investigative/project reporting. Andy has also written for The Olathe News, the St. Cloud Times and the Washington Post. His memoir, “Worth the Pain: How Meningitis Nearly Killed Me – Then Changed My Life for the Better,” was named a 2014 Kansas Notable Book. Andy has a master’s degree in journalism from the University of Maryland and a bachelor’s degree in journalism from the University of Kansas. - See more at: http://www.khi.org/about/member/andy-marso#sthash.Oqvea24P.dpuf
K.J. Wall has acquired extensive litigation, appellate, and regulatory compliance experience and developed keen problem solving abilities through his work inside the judiciary and in private practice. Within the judicial system, K.J. served as a federal judicial law clerk to the Honorable John W. Lungstrum, then Chief Judge of the United States District Court for the District of Kansas, from 2002 to 2004. Most recently, he served as counsel to Chief Justice Lawton Nuss of the Kansas Supreme Court, managing the affairs of the Office of Capital Appeals and Special Projects from 2013 to 2015. Through these experiences, K.J. developed considerable expertise in appellate practice and unique insight into persuasive and successful trial strategy and remains actively engaged in the appellate community serving as an at-large member of the KBA's Appellate Practice Committee. Outside the judicial system, K.J. practiced law for an AV rated law firm in northern Colorado from 2004 to 2008, representing physician practice groups, health care providers, a multi-specialty clinic, and other businesses in civil litigation matters, including enforcement of noncompete and nondisclosure covenants, breach of contract claims, physician ownership disputes, and other litigation matters in state and federal court. From 2008 to 2013, K.J. served as Senior Legal Counsel for Federated Insurance, an industry leading insurer offering property & casualty, life, and group health lines for commercial insureds, where he handled employment disputes, regulatory compliance issues, and managed litigation in multiple state and federal venues.
Frankie Forbes is experienced in contract negotiation, regulatory compliance and dispute resolution. He is “AV” rated by Martindale-Hubbell Law Directory, its highest rating, and has been selected as a Missouri and Kansas Super Lawyers Rising Star in Healthcare every year since 2008. Frankie has served as President of the Kansas Association of Hospital Attorneys (2013); President of the Health Care Committee of the Kansas Bar Association (2010-2011), and as President of the Greater Kansas City Society of Healthcare Attorneys (2009-2010). Frankie is an American Health Lawyers Association ("AHLA") Dispute Resolver that is trained in serving as a Medical Staff Hearing Officer, Mediator or Arbitrator. In 2015, Frankie served as a member of the Kansas Judicial Council's Open Records Advisory Committee.
Michael Hoeflich holds degrees from Haverford College, Cambridge University, and Yale Law School. He taught at the University of Illinois from 1980-1988, was dean of the Syracuse University College of Law from 1988-1994, and was dean at the University of Kansas School of Law from 1994-2000. Hoeflich is the author or editor of 15 books and more than 115 articles. He is also a columnist for the Lawrence Journal-World. He is a fellow of the Royal Historical Society, a member of the American Antiquarian Society and the Kansas Correspondent of the Selden Society. He was awarded an honorary degree (LL.D) by Baker University in 2003. Courses taught include; Copyright, Law and the Arts, Legal History and Professional Responsibility.
The cost of registration for this seminar (lunch is included in the registration fee):
- Health Law Section Member: $245
- KBA member: $275
- Non-member: $345
- Paralegal: $205
- Printed Paper Materials (optional): $25