9th Annual Conference on ABA Health Law Section

February 20-22, 2008Omni San Diego Hotel • San Diego, California

Emerging Issues in Healthcare Law

HEALTH LAW SECTION

American Bar Association

Wednesday, February 20, 200812:00 pm – 5:00 pm Early Registration1:00 pm – 4:00 pm Breast Cancer Legal Advocacy Workshop1:00 pm – 4:00 pmThe Fundamentals of a HealthcareTransaction: An Interactive Look at theAnatomy of a Deal6:00 pm – 7:00 pm Reception Honoring Young Lawyers (All registrants are welcome to attend.)

Thursday, February 21, 20087:30 am – 5:00 pmRegistration & Information Desk Open 7:30 am – 10:00 amContinental Breakfast8:00 am – 9:30 amPLENARY SESSIONHospital Syndications: Opportunities andOptions, or a Thing of the Past?9:30 am – 9:45 amBreak 9:45 am – 11:00 amCONCURRENT CLE SESSIONS

• The Latest in Clinical Research: New Medicare Policy on Clinical Trialsand the Trials of Expanding Litigation

• Developments in Medical StaffCredentialing: A Review of RecentDevelopments and Reactions fromHospital and Physician Perspectives

• Reading the HIPAA Tea Leaves—The Future of Security Rule Enforcementin the Post-Piedmont Era

11:00 am – 11:15 amBreak11:15 am – 12:45 pmPLENARY SESSIONPlatforms for Expanding Health InsuranceCoverage: Perils and Prospects on the Pathto Universal Healthcare12:45 pm – 1:00 pmBreak

1:00 pm – 2:30 pmINTEREST GROUP LUNCHES

• eHealth, Privacy & Security• Employee Benefits & Executive

Compensation• Healthcare Litigation & Risk

Management• Medical Research, Biotechnology &

Clinical Ethical Issues• Physician Issues• Tax & Accounting

2:30 pm – 2:45 pmBreak2:45 pm – 4:15 pm PLENARY SESSIONThe New Form 990—Major NewInformation Disclosure Requirements forHospitals4:15 pm – 4:30 pmBreak4:30 pm – 5:45 pm CONCURRENT CLE SESSIONS

• Lessons for Transactional Lawyers:Reducing the Risks of Post-TransactionEnforcement Activity Before theTransaction Closes

• Tax-Exemption in the Spotlight—Current IRS and Legislative InitiativesAffecting Hospitals

• Doing Good and Doing Well: Improvingthe Community’s Health and theHospital’s Bottom Line throughMedical-Legal Partnerships

6:00 pm – 7:30 pmWelcome Reception

Friday, February 22, 20087:30 am – 4:00 pmRegistration & Information Desk Open7:30 am – 10:00 am

Continental Breakfast

8:00 am – 9:00 amETHICS SESSIONConflicts of Law(yers): Legal Ethics Whenthe Lawyer Becomes the Target9:00 am – 9:15 am

Break

9:15 am – 9:30 amState of the Section Address

9:30 am – 11:00 amPLENARY SESSIONStark Reality: Analysis Evolves intoImplementation11:00 am – 11:15 amBreak11:15 am – 12:30 pm CONCURRENT CLE SESSIONS

• Responding to Childhood Obesity: The Role of Law and Public Policy

• Overview of the Final 403(b)Regulations—What You Need to Know and Do Before the End of 2008

• Providers and Vendors: Managing Tricky Relationships

12:30 pm – 1:45 pmINTEREST GROUP LUNCHES

• Business & Transactions• Healthcare Facility Operations• Healthcare Fraud & Compliance• Managed Care & Insurance• Payment & Reimbursement• Public Health & Policy

1:45 pm – 2:00 pm Break2:00 pm – 3:30 pmPLENARY SESSIONFraud and Abuse Enforcement Update 3:30 pm – 3:45 pmBreak3:45 pm – 5:00 pm CONCURRENT CLE SESSIONS

• Emergency Room Call Coverage:Crises, Controversies, and Solutions

• Payment (or Not) for Never Events• The New Interactions Between Payors

and Providers: The Emerging Battlefield& Cost Efficiency Tactics

Saturday, February 23, 20088:00 am – 11:00 amOpen Council Meeting12:30 pm – 6:00 pm9th Annual Margarita Cup Golf Scramble7:00 pm – 9:00 pmMargarita Cup Reception

S C H E D U L E A T A G L A N C E

Emerging Issues in Healthcare Law9th Annual Conference on

The Health Law Section Acknowledges the Generous Support of our Sponsors for their Involvement in the 9th Annual Conference on Emerging Issues InHealthcare Law.

• • • • • • •

Healthcare ealthcare Managementanagement Partnerartners, , LLLLC

Duane Morris LLPHall, Render, Killian, Heath & Lyman, PCHalloran & Sage LLPHaskell Slaughter Young & Rediker, LLCOber Kaler Grimes & Schriver, PC

Avera HealthBannerman & Williams, PACoppersmith Gordon Schermer &

Brockelman PLCHolland & Knight LLPJoy & Young, LLPMcDermott Will & Emery LLPPricewaterhouseCoopers LLPReed Smith LLP

GOLD SPONSORS

PLATINUM SPONSORS

SILVER SPONSORS BRONZE SPONSORS

2007-2008 AMERICAN BARASSOCIATION HEALTH LAWSECTION CHAIRAndrew J. Demetriou, Fulbright &Jaworski, LLP, Los Angeles, CA

PLANNING COMMITTEEHilary H. Young, Co-Chair,Joy & Young, LLP, Austin, TX

David M. Flynn, Co-Chair,Duane Morris LLP, Philadelphia, PA

Joel Wakefield, Co-Chair,Coppersmith Gordon Schermer &Brockelman PLC, Phoenix, AZ

Daniel A. Cody, Reed Smith LLP, San Francisco, CA

Thomas Crane, Mintz Levin Cohn FerrisGlovsky & Popeo PC, Boston, MA

Gregory E. Demske, U.S. Department ofHealth & Human Services, Washington, DC

Shannon B. Hartsfield, Holland & Knight LLP, Tallahassee, FL

Willam W. Horton, (ex-officio) HaskellSlaughter Young & Rediker, LLC,Birmingham, AL

Katherine A. Lauer, Latham & Watkins LLP, San Diego, CA

Alexandria Hien McCombs, PinnaclePartners in Medicine, Dallas, TX

Gabriel Parra, Presbyterian HealthcareServices, Albuquerque, NM

Charity Scott, Georgia State UniversityCollege of Law, Atlanta, GA

Steven R. Smith, Ober Kaler Grimes &Schriver, PC, Washington, DC

Leigh Walton, Bass Berry, & Sims, PLCNashville, TN

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PROGRAM FACULTY

Marice Ashe, JD, MPH,Program Director, Public Health Institute, Oakland, CA

Linda A. Baumann, Arent Fox LLP,Washington, DC

Kenneth D. Bell, Hunton & Williams LLP,Charlotte, NC

Phyllis C. Borzi, O’Donoghue &O’Donoghue LLP and Research Professor, Department of Health Policy,School of Public Health & HealthServices, George Washington UniversityMedical Center, Washington, DC

Joyce Branda, Director, CommercialLitigation Branch, Civil Division, U.S. Department of Justice, Washington, DC

John T. Brennan, Jr., Crowell & MoringLLP, Washington, DC

Judith P. Broach, Broach & Stulberg, LLP,New York, NY

Hector G. Calzada, Jr., Senior VicePresident, Houlihan, Lokey, Howard & Zukin, Inc., Atlanta, GA

Daniel A. Cody, Reed Smith LLP, San Francisco, CA

Almeta Cooper, General Counsel, Ohio State Medical Association, Hilliard, OH

Thomas S. Crane, Mintz Levin Cohn Ferris Glovsky and Popeo PC,Boston, MA

Ralph DeJong, McDermott Will & Emery LLP, Chicago, IL

Gregory E. Demske, Assistant InspectorGeneral for Legal Affairs, U.S. Department ofHealth & Human Services, Washington, DC

Kirk L. Dobbins, King & Spalding LLP,Washington, DC

Robert W. Friz, PricewaterhouseCoopersLLP, Philadelphia, PA

Denise Glass, Fulbright & Jaworski, LLP,Dallas, TX

C. Mitchell Goldman, Duane Morris LLP,Philadelphia, PA

Marc D. Goldstone,Vice President and Associate General Counsel (Division II), Community Health Systems,Franklin, TN

Shannon B. Hartsfield, Holland & KnightLLP, Tallahassee, FL

John D. Harwell, Attorney at Law,Manhattan Beach, CA

Wednesday, February 20, 200812:00 pm – 5:00 pm

Registration and Information Desk Open

1:00 pm – 4:00 pm

CONCURRENT

PRE-CONFERENCE SESSIONS

Breast Cancer LegalAdvocacy WorkshopOne in eight women will be diagnosed withbreast cancer. Chances are you or someoneyou know has had some experience withthis disease. Cancer patients face a variety oflegal problems related to their illness, includ-ing issues related to coverage and paymentfor treatment and employment related issues.This seminar will provide information toassist attorneys who do not ordinarily handlecases of this type become aware of laws,practices and procedures to help them assistbreast cancer patients with legal problemsresulting from their illness.

Moderator: Linda A. BaumannArent Fox LLPWashington, DC

Speakers: Phyllis C. BorziO’Donoghue & O’DonoghueLLP and School of Public Health & Health ServicesGeorge Washington UniversityMedical Center Washington, DC

Judith P. BroachBroach & Stulberg, LLPNew York, NY

Christopher S. SearsIce Miller LLPIndianapolis, IN

1:00 pm – 4:00 pm

The Fundamentals of aHealthcare Transaction: An Interactive Look at theAnatomy of a Deal This year’s Fundamentals session will focuson the twists and turns of a collaborativeventure between a hospital and members ofits medical staff. Our panel of attorneysexperienced with transactional, regulatory,and reimbursement issues (plus an essentialvaluation consultant) will walk through ahypothetical transaction and examine theconsiderations that face lawyers and theirclients when negotiating, structuring, andclosing a transaction. True to its title, thissession will not assume extensive priorknowledge or experience in healthcaretransactions; however, practitioners at everylevel should benefit from this in-depth dis-cussion of challenging issues and the uniqueopportunity for extensive audience interac-tion the session has to offer.

Moderator: Joel WakefieldCoppersmith Gordon Schermer& Brockelman PLCPhoenix, AZ

Speakers: Daniel A. CodyReed Smith LLPSan Francisco, CA

G. Scott RaysonWaller Lansden Dortch & Davis, PLLCNashville, TN

Patrick SimersAmerican AppraisalAtlanta, GA

6:00pm – 7:00pm

Reception Honoring Young LawyersAll registrants are welcome to attend.

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9 T H A N N U A L C O N F E R E N C E O N

E M E R G I N G I S S U E S I N H E A L T H C A R E L A W

Program Agenda

ABA Books Available on This TopicWhile at the conference, please visit the Section publications table and take advantage ofspecial meeting discounts on HLS publications. Additional health law books and all HLSpublications can be purchased online at the ABA Bookstore at www.ababooks.org.

PROGRAM FACULTY continued . . .

Thursday, February 21, 2008 7:30 am – 5:00 pm

Registration & InformationDesk Open

7:30 am – 10:00 am

Continental Breakfast

8:00 am – 9:30 am

PLENARY SESSION

Hospital Syndications:Opportunities and Options, or a Thing of the Past?In recent years, the government has becomeincreasingly concerned about physicianownership of hospitals. There have evenbeen Congressional proposals to eliminatethe Stark exception for physician ownershipin a whole hospital. This panel will discussthe latest developments in hospital compa-nies sharing ownership of community hos-pitals with local physicians, including whyhospital systems have been willing to shareownership with physicians, how these dealsare being structured, the legal problemsraised by these arrangements, which physi-cians are interested in hospital ownershipand why, and the likely future (or not) ofthese transactions.

Speakers: Hector G. Calzada, Jr.Houlihan, Lokey, Howard & Zukin, Inc.Atlanta, GA

C. Mitchell GoldmanDuane Morris LLP Philadelphia, PA

Leigh WaltonBass, Berry & Sims PLCNashville, TN

9:30 am – 9:45 am

Break

9:45 am – 11:00 am

CONCURRENT INTEREST

GROUP CLE SESSIONS

The Latest in ClinicalResearch: New MedicarePolicy on Clinical Trials andthe Trials of ExpandingLitigation

Medical Research, Biotechnology & ClinicalEthical Issues Interest Group and HealthcareLitigation & Risk Management Interest Group

Medicare’s Clinical Trial Policy has been ineffect since September 19, 2000. However,CMS and Medicare contractor implementa-tion of the policy has been inconsistent.CMS recently reconsidered the policy, mak-ing minor but important changes. OnOctober 17, 2007, CMS issued a “DecisionMemorandum for Clinical Trial Policy” afterevaluation of public comments on three pre-viously proposed decisions. This session willhighlight important aspects and implicationsof the newly revised policy, including: rou-tine costs in clinical trials, coverage with evi-dence development, qualification process forclinical trials, and potential implications ofCMS review of clinical trial-related provi-sions of the Food and Drug AdministrationAmendments of 2007. Contemporaneously,litigation is growing in the clinical researcharena. This session will also analyze claimsthat have been made in recent cases, claimsthat have been successful versus those thathave not, trends and predictions, and practi-cal approaches for managing risk.

Moderator: Bruce F. HowellHughes & Luce LLPDallas, TX

Speaker: Kirk L. DobbinsKing & Spalding PCWashington, DC

Robyn ShapiroDrinker Biddle & Reath LLPand Center for the Study ofBioethics, Medical College ofWisconsinMilwaukee, WI

Developments in MedicalStaff and Credentialing: A Review of RecentDevelopments and Reactionsfrom Hospital and PhysicianPerspectivesHealthcare Facility Operations Interest Group

Recent accreditation and legal develop-ments affect the already complex interplaybetween the governing body, administration,medical staff leadership and practitioners.The revised MS.1.20 adopted by the JointCommission distinguishes between substan-tive and procedural requirements in struc-ture and governance. Critical issues such ascorrective action with disruptive practition-ers, collaboration of peer review efforts, andHCQIA and state immunity continue to

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Jonathan K. Henderson, Hughes & Luce LLP, Fort Worth, TX

William E. Hopkins, Brown McCarroll LLP, Austin, TX

William W. Horton, Haskell SlaughterYoung & Rediker, LLC, Birmingham, AL

Bruce F. Howell, Hughes & Luce LLP,Dallas, TX

Shelley K. Hubner, Sedgwick, Detert,Moran & Arnold LLP, San Francisco, CA

Julie E. Kass, Ober Kaler Grimes &Shriver, PC, Baltimore, MD

Judith Kindell (Invited), Tax LawSpecialist, Internal Revenue Service,Washington, DC

R. Jeffrey Layne, Fulbright & Jaworski LLP,Austin, TX

Karen Ann P. Lloyd, Vice President andGeneral Counsel, Community HealthNetwork, Indianapolis, IN

Lauren K. Mack, Sonnenschein Nath &Rosenthal LLP, San Francisco, CA

Melissa L. Markey, Hall, Render, Killian,Heath & Lyman, PC, Troy, MI

R. Harold McCard, Jr., Chaffe McCall LLP,New Orleans, LA

Alexandria Hien McCombs, GeneralCounsel, Pinnacle Partners in Medicine,Dallas, TX

Gregory L. Needles, Morgan, Lewis &Bockius LLP, Washington, DC

Julie M. Nelson, Coppersmith Gordon Schermer & Brockelman PLC, Phoenix, AZ

Theresa Pattara, JD, CPA (Invited),Project Manager, Form 990 Redesign,Tax-Exempt and Governmental EntitiesDivision, Office of ExemptOrganizations, Internal Revenue Service,Washington, DC

Carol A. Poindexter, Shook Hardy &Bacon LLP, Kansas City, MO

Cheryl Press (Invited),Senior Attorney, Adviser, Office of ChiefCounsel, Internal Revenue Service,Washington, DC

Montrece McNeil Ransom,Senior Public Health Analyst, Centers for Disease Control and Prevention,Atlanta, GA

G. Scott Rayson, Waller Lansden Dortch& Davis LLP, Nashville, TN

Faculty continued on next page . . .

unfold in recent cases such as Adkins v.Christie. This session offers tools in navigat-ing through this challenging landscape.

Moderator: Alexandria Hien McCombsPinnacle Partners in MedicineDallas, TX

Speakers: James M. “Mac” StewartStewart Stimmell LLPDallas, TX

Phil ZaroneHorty, Springer & Mattern, PCPittsburgh, PA

Reading the HIPAA TeaLeaves—The Future ofSecurity Rule Enforcement in the Post-Piedmont EraeHealth, Privacy & Security Interest Group

This session will analyze reported progressto date (including enforcement actions, ifany) taken as a result of the government’ssurprise HIPAA security audit of thePiedmont Health System. In addition, thissession will provide “take away” strategies tohelp covered entities be prepared for thegovernment’s new HIPAA e-health securityenforcement strategy, and tips on how torespond to a surprise audit if one shouldoccur. The panelists will comment on thechallenges associated with preparing for anunannounced government audit from theviewpoints of community hospitals/singlehospital health systems, investor owned hos-pitals/multi-facility health systems, andmedical staff physicians.

Moderator: Marc D. GoldstoneCommunity Health SystemsFranklin, TN

Speakers: Melissa L. MarkeyHall, Render, Killian, Heath &Lyman, PCTroy, MI

R. Harold McCard, Jr.Chaffe McCall LLP,New Orleans, LA

11:00 am – 11:15 am

Break

11:15 am – 12:45 pm

PLENARY SESSION

Platforms for ExpandingHealth Insurance Coverage:Perils and Prospects on thePath to Universal Healthcare

The number of uninsured and underinsuredAmericans continues to escalate at an alarm-ing rate, with lack of affordable and accessi-ble healthcare viewed as principal culprits.This session will examine the effect of theuninsured on payors, providers, and othersinvolved in healthcare delivery and willexplore one frequently proposed public pol-icy solution, universal healthcare. The panelwill provide an overview of the effects offederal and state responses, including variousuniversal healthcare models; present severalcase studies; assess the impact of this nation-al problem on healthcare business trends; andoffer a practical roadmap for the healthcarebar to navigate future challenges effectively.

Speakers: Jonathan K. HendersonHughes & Luce LLPFort Worth, TX

Shelley K. HubnerSedgwick, Detert, Moran & Arnold LLPSan Francisco, CA

Bret TateCook Children’s Health Care SystemFort Worth, TX

12:45 pm – 1:00 pm

Break

1:00 pm – 2:30 pm

INTEREST GROUP LUNCHES• eHealth, Privacy & Security• Employee Benefits & Executive

Compensation• Healthcare Litigation & Risk Management• Medical Research, Biotechnology

& Clinical Ethical Issues• Physician Issues• Tax & Accounting

2:30 pm – 2:45 pm

Break

2:45 pm – 4:15 pm

PLENARY SESSION

The New Form 990—Major New InformationDisclosure Requirements for Hospitals The redesigned Form 990 represents the firstcomplete overhaul of the Form 990 since1979, and creates unprecedented increases inthe disclosure requirements imposed upon tax-exempt hospitals. For example, the new Form990 would require, for the first time, thereporting of charity care and community

Randye Retkin, Director, LegalHealth,New York Legal Assistance Group, New York, NY

Don Romano, Director, Division of Technical Payment Policy, Center for Medicare Management, Centers forMedicare & Medicaid Services, Baltimore, MD

Sara Rosenbaum, George WashingtonUniversity Medical Center School ofPublic Health and Health Services,Washington, DC

Charity Scott, Professor of Law andDirector, Center for Law, Health &Society, Georgia State University College of Law, Atlanta, GA

Christopher S. Sears, Ice Miller LLP,Indianapolis, IN

Robyn Shapiro, Partner, Drinker Biddle & Reath LLP and Professor and Directorof the Center for the Study of Bioethics at the Medical College of Wisconsin,Milwaukee, WI

Patrick Simers, National Director,Healthcare Services, American Appraisal,Atlanta, GA

Fred A. Smith, III, Sedgwick, Detert,Moran & Arnold LLP, Chicago, IL

Richard C. Smith, Fulbright & Jaworski LLP, Washington, DC

Steven R. Smith, Ober Kaler Grimes &Shriver, PC, Washington, DC

Jennifer Stam, Staff Attorney, Medical-Legal Partnership for Children, BostonMedical Center and Staff Attorney,Volunteer Lawyers Project, Boston, MA

Cynthia Marcotte Stamer, PC, Glast,Phillips & Murray, PC, Dallas, TX

James M. “Mac” Stewart,Stewart Stimmell LLP, Dallas, TX

Roger D. Strode, Jr., McDermott Will & Emery LLP, Chicago, IL

Bret Tate, Associate General Counsel,Cook Children’s Health Care System, Fort Worth, TX

Lisa D. Taylor, Stern & Kilcullen, LLC,Roseland, NJ

Joel Wakefield, Coppersmith Gordon Schermer & Brockelman PLC,Phoenix, AZ

Leigh Walton, Bass, Berry & Sims PLC,Nashville, TN

Phil Zarone, Horty, Springer & Mattern, PC, Pittsburgh, PA

PROGRAM FACULTY continued . . .

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benefit in a specified format. There are alsoincreased disclosure requirements regardingcompensation, tax-exempt bonds, joint ven-tures, and corporate governance. This sessionwill focus on these key changes, as well as pro-cedures and policies that hospitals will need toimplement to address these changes effectively.

Speakers: Ralph DeJongMcDermott Will & Emery LLPChicago, IL

Theresa Pattara JD, CPA(Invited)Internal Revenue ServiceWashington, DC

4:15 pm – 4:30 pm

Break

4:30 pm – 5:45 pm

CONCURRENT INTEREST

GROUP CLE SESSIONS

Lessons for TransactionalLawyers: Reducing the Risksof Post-TransactionEnforcement Activity Beforethe Transaction ClosesBusiness & Transactions Interest Group

Compliance with the myriad regulationsgoverning healthcare providers begins at thebeginning. The structure and documentationof a transaction play a crucial role in aprovider or venture's ongoing compliance.This panel will discuss how transactionallawyers can address important areas of riskwhile negotiating and documenting a trans-action in order to lessen the likelihood ofenforcement activity, which can arise longafter the transaction has closed.

Moderator: Roger D. Strode, Jr.McDermott Will & Emery LLPChicago, IL

Speakers: Kenneth D. BellHunton & Williams LLPCharlotte, NC

Richard C. SmithFulbright & Jaworski, LLPWashington, DC

Tax-Exemption in theSpotlight—Current IRS andLegislative InitiativesAffecting Hospitals Tax & Accounting Interest Group

Tax-exempt hospitals continue to be scruti-nized for their continued qualification fortax-exempt status. Ongoing IRS compliance/

enforcement efforts have specifically targetedtax-exempt bonds (including a Tax-ExemptBond Financings Compliance CheckQuestionnaire sent to approximately 200organizations), executive compensation, andpolitical campaign activities. In addition, theIRS has released its interim report regardingits Tax-Exempt Hospital and CommunityBenefit Project. Congress has also continuedto focus on the merits of hospital tax exemp-tion. A Senate Finance Committee staff dis-cussion draft of possible legislative changesreleased recently set forth a series of proposedreforms, including a 5% charity care require-ment to maintain tax-exempt status. This ses-sion will address these key initiatives and theirpotential impact on hospitals.

Moderator: Robert W. FrizPricewaterhouseCoopers LLPPhiladelphia, PA

Speakers: Judith Kindell (Invited)Internal Revenue ServiceWashington, DC

Lauren K. MackSonnenschein Nath & Rosenthal LLPSan Francisco, CA

Doing Good and DoingWell: Improving theCommunity’s Health and theHospital’s Bottom Linethrough Medical-LegalPartnershipsThe ABA House of Delegates recentlyadopted a resolution that encourageslawyers, law firms, legal services agencies,law schools, and bar associations to developmedical-legal partnerships with hospitals,community-based health care providers, andsocial service organizations to help identifyand resolve diverse legal issues that affectpatients' health and well-being. This paneldiscusses the growing national trend toestablish medical-legal partnerships that canaddress the social and economic factorsadversely impacting people's health, espe-cially for people who live in low-incomeand historically under-served communities.Having lawyers and doctors work togetherto improve the community's health can alsosave hospitals money and increase theirreimbursement.

Speakers: Randye RetkinLegalHealth, New York LegalAssistance GroupNew York, NY

REGISTRATIONRegister by FEBRUARY 4, 2008 online, byfax, or U.S. Mail. Registration will be accept-ed only when accompanied by payment.

Online:http://www.abanet.org/health Fax: 312/988-5814U.S. MailAmerican Bar AssociationHealth Law Section321 North Clark StreetChicago, IL 60610

ON SITE REGISTRATIONPlease call 312/988-5532 by FEBRUARY 13,2008 to ensure space availability. On site regis-tration will only be accepted when accompa-nied by check, money order, Visa, AmericanExpress, or MasterCard information.

CANCELLATION POLICYTuition, less a $50 handling charge for each registration, will be refunded upon written cancellation received no later than FEBRUARY6, 2008. Cancellations received after this datecannot be refunded but substitutions areencouraged. The ABA reserves the right tocancel any program and assumes no responsi-bility for personal expenses.

CONFERENCE INFORMATION• • • • • • •

Three Ways toRegister

Conference information continued on next page

Charity ScottGeorgia State University College of LawAtlanta, GA

Jennifer StamMedical-Legal Partnership forChildren, Boston Medical Centerand Volunteer Lawyers ProjectBoston, MA

6:00 pm – 7:30 pm

Welcome Reception

Friday, February 22, 20087:30 am – 4:00 pm

Registration & InformationDesk Open

7:30 am – 10:00 am

Continental Breakfast

8:00 am – 9:00 am

ETHICS SESSION

Conflicts of Law(yers): Legal Ethics When theLawyer Becomes the TargetLawyers representing organizational clientsare increasingly embroiled in civil and crim-inal investigations and enforcement actions –but now as subjects and targets, not as coun-sel. In a number of these cases, claimsagainst lawyers have been based, in part, ondecisions they have made and actions theyhave taken in the face of conflicting opin-ions from other lawyers, conflicting judg-ments from compliance personnel, or con-flicting directions from client management.This session will explore ethical issues andpractical challenges facing healthcare lawyersas they wrestle with such conflicts in anenvironment where the “wrong” decisionmay paint a bullseye on their backs.

Speakers: William W. HortonHaskell Slaughter Young &Rediker, LLCBirmingham, AL

Lisa D. TaylorStern & Kilcullen, LLCRoseland, NJ

9:00 am – 9:15 am

Break

9:15 am – 9:30 am

State of the Section AddressSection Chair Andrew J. Demetriou will discuss the activities, achievements and aspi-rations of the ABA Health Law Section.

9:30 am – 11:00 am

PLENARY SESSION

Stark Reality: AnalysisEvolves into ImplementationAt the time of this session nearly six monthswill have passed since the release of the finalStark III rules in September of 2007, and theStark-related provisions in the proposed PPSrules will likely have been issued in finalform. This session will review the changesintroduced by these separate but relatedrulemakings, with the perspective of boththe regulators and the regulated. The pre-senters will address issues that have arisensince the publication of the rules, andprovider representatives will discuss currentthoughts and approaches to implementationof the rules’ new requirements.

Moderator: Shannon B. HartsfieldHolland & Knight LLPTallahassee, FL

Speakers: John T. Brennan, Jr.Crowell & Moring LLPWashington, DC

Julie E. KassOber Kaler Grimes & Shriver, PCBaltimore, MD

Don RomanoCenters for Medicare & Medicaid ServicesBaltimore, MD

11:00 am – 11:15 am

Break

11:15 am – 12:30 pm

CONCURRENT INTEREST

GROUP CLE SESSIONS

Responding to ChildhoodObesity: The Role of Law and Public Policy Public Health & Policy Interest Group

Rising rates of childhood obesity in the U.S.and globally have been well-documented.The panel will discuss obesity as a publichealth problem and briefly summarize riskfactors for obesity; identify and explain les-

sons learned from state legislatures’ efforts toprevent and control obesity, especially inschool-aged children; describe major legalissues and emerging trends related to obesi-ty prevention and control; discuss recentpolicy and legal measures related to obesityin children and adults; and identify any com-monalities in the use of legal tools for pre-vention vis-à-vis obesity and other chronicdiseases (e.g. tobacco litigation).

Moderator: Montrece McNeil RansomCenters for Disease Control and PreventionAtlanta, GA

Speakers: Marice Ashe, JD, MPHPublic Health InstituteOakland, CA

Sara Rosenbaum, JDGeorge Washington UniversityMedical Center School of Public Health and Health ServicesWashington, DC

Overview of Final 403(b)Regulations—What YouNeed to Know and DoBefore the End of 2008Employee Benefits & Executive CompensationInterest Group

The IRS’s most frequent speaker on retire-ment benefits and deferred compensationfor tax-exempt organizations will discuss thefinal 403(b) regulations and how they affecttax-exempt health care employers. In par-ticular, she will focus on the IRS’s push,through the regulations, to hold employersmore accountable for their 403(b) programs,and in turn describe the new obligationsthat employers will face as a result of theregulations. This will be an important ses-sion for all practitioners who advise tax-exempt entities because of the new obliga-tions and burdens that their clients will betaking on by the end of 2008.

Speakers: Gregory L. NeedlesMorgan, Lewis & Bockius LLPWashington, DC

Cheryl Press (Invited)Internal Revenue ServiceWashington, DC

Providers and Vendors:Managing TrickyRelationshipsHealthcare Fraud & Compliance Interest Groupand Healthcare Litigation & Risk ManagementInterest Group

Recent enforcement actions and regulatorypronouncements graphically illustrate thatvendor-provider relationships are underintense governmental scrutiny. Suspect ven-dor relationships with health care providersinclude such activities as the provision offree samples, gifts, entertainment, “sham”consulting agreements, and off-label market-ing practices. Additionally, a growing num-ber of healthcare providers have becomeincreasingly concerned about the potential-ly inherent conflict of interest and fraud andabuse risks that can emanate from vendorrelationships. This session will discuss rele-vant risk areas, cover how to structure aninternal investigation if the governmentcomes knocking, and offer tips on structur-ing sales and marketing activities, consultantagreements, and other vendor-provider rela-tionships to minimize potential conflict ofinterest and fraud and abuse risks.

Speakers: R. Jeffrey LayneFulbright & Jaworski, LLPAustin, TX

Carol A. PoindexterShook Hardy & Bacon LLPKansas City, MO

12:30 pm – 1:45 pm

INTEREST GROUP LUNCHES

• Business & Transactions• Healthcare Facility Operations• Healthcare Fraud & Compliance• Managed Care & Insurance• Payment & Reimbursement• Public Health & Policy

1:45 pm – 2:00 pm

Break

2:00 pm – 3:30 pm

PLENARY SESSION

Fraud and Abuse Enforcement UpdateThis session will provide a review of fraudand abuse enforcement over the past year,including important court decisions,enforcement actions, settlements, and OIGinitiatives. This discussion will include cov-erage of significant government actionsrelated to pharmaceutical companies, med-ical device manufacturers, and individuals.

Speakers: Joyce BrandaU.S. Department of JusticeWashington, DC

Thomas S. CraneMintz Levin Cohn Ferris Glovsky and Popeo PCBoston, MA

Gregory E. Demske,U.S. Department of Health & Human ServicesWashington, DC

3:30 pm – 3:45 pm

Break

3:45 pm – 5:00 pm

CONCURRENT INTEREST

GROUP CLE SESSIONS

Emergency Room CallCoverage: Crises, Controversiesand SolutionsPhysician Issues Interest Group

Hospitals have reported a significant declinein physicians available to provide on-callcoverage for their emergency departments.Physicians’ reasons for their lack of availabil-ity or unwillingness to provide on-call cov-erage include insufficient reimbursement,liability, and quality of life concerns. But thelack of on-call specialists has serious implica-tions for the delivery of emergency healthcare services. This session will explore theprimary reasons for the current crisis; theadverse impact the crisis has on hospitals,physicians, and patients; and actions thatgovernments, hospitals, physicians, and com-munities are taking in an effort to findworkable solutions to this national problem.

Moderator: William E. HopkinsBrown McCarroll LLPAustin, TX

Speakers: John D. HarwellAttorney at LawManhattan Beach, CA

Julie M. NelsonCoppersmith Gordon Schermer & Brockelman PLCPhoenix, AZ

Payment (or Not) for Never EventsHealthcare Litigation & Risk Management Interest Group and Payment & ReimbursementInterest Group

Medical errors impose big costs for patientsand health plan payers. Now public and pri-vate payers increasingly are looking to manage Conference information continued on next page

REGISTRATION FEEYour payment will cover admission to the program, continental breakfasts, coffeebreaks, tickets to the IG Luncheons on each day, receptions, and the programcourse materials in the format of yourchoice.

INTEREST GROUP LUNCHESRegistrants are encouraged to attend theInterest Group lunch of their choice onboth Thursday and Friday. There is no addi-tional charge for these lunches; however,registrants must pre-register for the lunchmeeting to guarantee a reserved boxedlunch.

HOTEL INFORMATIONThe conference will be held at the Omni San Diego Hotel, located at 675 L Street, San Diego, CA 92101. Call 619/231-6664 or 1-800-THE-OMNI no later than TUESDAY, JANUARY 22, 2008. Pleasemention the American Bar AssociationHealth Law Section 9th AnnualConference on Emerging Issues to receivethe special rate of $209 for a single or dou-ble room. A limited number of governmentrate rooms have been reserved on a firstavailable basis at $99 for a single or double.

AIRLINE INFORMATIONThe Omni San Diego Hotel is located fourmiles from San Diego International Airport(SAN). Airfare discounts are availablethrough ABA Online Travel, TravelocityBusiness or directly from the airline. To access ABA Online Travel, go towww.abanet.org/travel and click on theOnline Travel link at the top of the page. The 24/7 toll-free number for TravelocityBusiness is 1-866-321-8403. Discountedrates are available on American Airlines.Please call 1-800-433-1790 and referencediscount code: 19838.

CONFERENCE INFORMATION• • • • • • •

medical errors and their costs. This sessionwill explore various emerging approachesfrom patient and provider education to lim-itations on payment for “never events” andother medical errors.

Moderator: Karen Ann P. LloydCommunity Health NetworkIndianapolis, IN

Speakers: Steven R. SmithOber Kaler Grimes & Schriver, PCWashington, DC

Cynthia Marcotte Stamer, PCGlast, Phillips & Murray, PCDallas, TX

The New InteractionsBetween Payors & Providers:The Emerging Battlefield &Cost Efficiency TacticsHealthcare Litigation & Risk ManagementInterest Group and Managed Care & InsuranceInterest Group

The relationships between providers andhealth plans often take on the characteristicsof Dr. Jeckyl and Mr. Hyde as the partieslook for ways to improve quality cost effi-ciently while continuing to be confrontedwith managed care disputes. On the litiga-tion front, the traditional focus of managedcare disputes has shifted from bodily injuryclaims to business practice litigation. At thesame time, payors and providers are workingtogether to explore new types of programsand plan arrangements. This panel will dis-cuss the litigation trends and factors leadingto this shift in litigation, and provide consid-eration as to whether the competing inter-

ests of the parties preclude them from reach-ing common goals of delivering quality,cost-efficient care.

Moderator: Denise GlassFulbright & Jaworski, LLPDallas, TX

Speakers: Almeta CooperOhio State Medical AssociationHilliard, OH

Fred A. Smith, IIISedgwick, Detert, Moran &Arnold LLPChicago, IL

5:00 pm

CLE Program Adjourns

Saturday, February 23, 20088:00 am – 11:00 am

Open Council MeetingAll members are welcome to attend theSection Open Council Meeting

12:30 pm – 6:00 pm

9th Annual Margarita CupGolf ScrambleRiverwalk Golf Course

7:00 pm – 9:00 pm

Margarita Cup ReceptionAll m eeting attendees are welcome!

CLE CREDITCLE has been requested from every state with general mandatory continuingeducation requirements for lawyers. Forinformation on the approved number ofcredit hours to be awarded by each state, please contact the Health LawSection directly at 312/988-5532 after FEBRUARY 1, 2008.

HEALTH LAW SECTIONMEMBERSHIPAs an added bonus to new members, the member’s tuition rate will be availableto registrants who become members of theABA Health Law Section. Membershipdues are not deductible as charitable con-tributions for federal income tax purposes,but such dues may be deductible as abusiness expense.

TAX DEDUCTION FOR EDUCATIONAL EXPENSESAn income tax deduction may be allowedfor educational expenses undertaken tomaintain or improve professional skills. This includes registration fees, travel, meals,and lodging expenses. (see Treas. Reg.1.162-5) (Coughlin vs. Commissioners,203 F 2d 307)

SERVICES FOR PERSONS WITH DISABILITIESIf special arrangements are required for an individual with a disability to attend thisprogram, please submit your request inwriting to Abigail Palagi, American BarAssociation Health Law Section, 321 N.Clark St., Chicago, IL 60610, or fax to312/988-5814.

DRESS CODEResort casual attire is appropriate for allmeetings, CLE programs and social eventsduring the program—no business suits,ties or stockings! However, the meetingrooms tend to be cool, so be sure to carry a sweater or light jacket.

CONFERENCE INFORMATION• • • • • • •

Program RegistrationP R O G R A M R E G I S T R A T I O N F O R M______________________________________________________________________________________________________Name______________________________________________________________________________________________________First Name for Name Badge______________________________________________________________________________________________________Company/Firm Name______________________________________________________________________________________________________Address______________________________________________________________________________________________________City, State, Zip______________________________________________________________________________________________________Phone Fax______________________________________________________________________________________________________E-mail Address______________________________________________________________________________________________________�� YES, I am bringing a spouse/guest (name)______________________________________________________________________________________________________ABA ID #______________________________________________________________________________________________________States in which you are licensed (please list all)

PART A REGISTRATION FEES:�� $1095 General Attendees

(non-ABA Members)

�� $895 ABA MemberNon-Health Law Member

�� $745 ABA Health Law Member** or California Society for Healthcare Attorneys Member

�� $250 Government/Academic�� $75 Student

**Take advantage of this rate today when you sign up forABA Health Law Section membership! See Part B below.

PART B HEALTH LAW SECTION MEMBERSHIP�� $50 Please sign me up for ABA Health

Law Section membership (you must be amember of the American Bar Associationto join the Health Law Section)

PART C WEDNESDAY, FEBRUARY 20TH

PRE-CONFERENCE SESSIONS:Please Select One Session or indicate “No”

�� NOI will not attend the Wednesday Pre-Conference Sessions

�� Free!Yes, I will attend one of the Wednesday Pre-Conference Sessions.

�� Breast Cancer Legal Advocacy�� I will only attend the Breast

Cancer Legal Advocacy Workshopand will not attend the EmergingIssues Conference.

�� Fundamentals of a Transaction

PART D INTEREST GROUP LUNCHESThere is no additional charge to attend either or both days of Interest Group Lunch Meetings.However, lunches will be ticketed, therefore registrants must indicate which lunch(es) they plan to attend.

THURSDAY LUNCH MEETINGS: Please choose to attend one of the following:

�� eHealth, Privacy & Security�� Employee Benefits & Executive

Compensation�� Healthcare Litigation & Risk

Management�� Medical Research, Biotechnology &

Clinical Ethical Issues�� Physician Issues�� Tax & Accounting

FRIDAY LUNCH MEETINGS: Please choose to attend one of the following:

�� Business & Transactions�� Healthcare Facility Operations �� Healthcare Fraud & Compliance�� Managed Care & Insurance�� Payment and Reimbursement�� Public Health & Policy

Please share any dietary restrictions:

�� Kosher �� Lactose Intolerant �� Vegetarian �� (other)_______________

PART E 9TH ANNUAL MARGARITA CUP GOLF SCRAMBLE Tee times begin at 12:30 pm Saturday.Please arrive at the golf course NO LATERthan 12:15 pm, depending on your assignedtee time. Don’t forget to join us at thereception immediately following the golfevent! All are welcome.

�� $130 9th Annual Margarita Cup GolfScramble

PART F COURSE MATERIALSOne set of course materials (eitherPaperback Book or CD ROM) is included in the registration fees. Please indicate yourpreference below. For an additional charge of$25, attendees can receive both versions of thematerials. Please note that those registrants not indicating a preference will receive materials in theCD ROM version only.�� No Additional Charge

9th Annual Conference on EmergingIssues in Healthcare Law Paperback Book

�� No Additional Charge9th Annual Conference on EmergingIssues in Healthcare Law CD ROM

�� $259th Annual Conference on EmergingIssues in Healthcare Law CD ROM and Paperback Book

�� Unable to Attend and Wish toPurchase the Materials?Conference materials will be available after March 19th, 2008 at the ABA onlineBookstore; please visit www.ababooks.orgto purchase your conference materials.Upon request, S ection staff will gladly sendyou a reminder e-mail when materials areavailable at the bookstore.

CATEGORY COSTA: Registration ________________________$ ____B: Health Law Section Membership Dues __$ ____C: Pre-Conference Programming

(Please Select in Section C) ______________$ ____D: IG Lunches (Please Select in Section D) ____$ ____E: Margarita Cup ______________________$ ____F: Optional Extra Course Materials ________$ ____

TOTAL FEES: ________________________$ ____

METHOD OF PAYMENT�� CHECK enclosed (payable to the American Bar Association)�� VISA �� Mastercard �� American Express

Online:www.abanet.org/health

Fax: 312/988.5814

U.S. Mail: American Bar AssociationHealth Law Section321 North Clark StreetChicago, IL 60610

Three Ways to Register

____________________________________________________________________________________________Card#____________________________________________________________________________________________Exp. Date____________________________________________________________________________________________Cardholder Signature

FREE

FREE

UPCOMING EVENTSABA Health Law Section

June 13, 2008Physician-Legal IssuesConferenceAmerican Bar AssociationConference Center, Chicago, IL

February 18-20, 200910th Annual Conference on Emerging Issues inHealthcare LawDisney Yacht Club Resort,Orlando, FLCall Abigail Palagi at 312/988-5532 for information

SPECTACULAR SAN DIEGOWith miles of sandy beaches and an average 70-degree year-round temperature, it’s no wonder San Diego is a premier travel destina-tion. From museums and galleries to theaters and symphonies, San Diego embraces the finearts. For a walk on the wild side, visit SeaWorld San Diego, Wild Animal Park or thefamed San Diego Zoo. Looking for fabulousdining and shopping? Check out the trendyrestaurants and nightclubs in the historicGaslamp Quarter or outdoor shopping atSeaport Village.

OMNI SAN DIEGO HOTELThe four-star Omni San Diego Hotel is one more reason to visit this fabulous seaside city and attend the 9th Annual Emerging Issues inHealthcare Law Conference. Nestled in theheart of the historic Gaslamp Quarter, theOmni San Diego Hotel puts you close to thecity’s top sites and attractions, shopping andfine dining. Explore Balboa Park, take a harborcruise or polish your clubs for play on one ofSan Diego’s top golf courses. Travel to theEmerging Issues Conference is a breeze withthe Omni conveniently located just 10 minutesfrom San Diego International Airport.

CONFERENCE SOCIAL EVENTSReception Honoring Young Lawyers—Co-sponsored with the ABA Young Lawyers DivisionJoin us Wednesday evening for an entertainingtime as we invite local young lawyers to meetcolleagues and leaders in the Health LawSection. Everyone is welcome!

Welcome ReceptionWe invite you to attend the WelcomeReception Thursday evening that will be held atthe resort immediately following the afternoon’slast session.

The 9th Annual Margarita Cup Scramble Join others in the Section for a fun afternoon of golf and play on San Diego’s Riverwalk Golf Course. Players at ALL levels are welcome and fun prizes will be awarded at a reception following the event which is opento all registrants and their guests.

American Bar AssociationHealth Law Section321 N. Clark StreetChicago, IL 60610-4714

NON-PROFIT ORG

U.S. Postage

Paid

Documation

9th Annual Conference onEmerging Issues in Healthcare LawOmni San Diego HotelSan Diego, CaliforniaProgram Date: Feb. 20-22, 2008Registration Deadline: Feb. 4, 2008Hotel Room Block Deadline: January 22, 2008