This document describes the McDermott Health Speakers Bureau, which is a program run by the law firm McDermott Will & Emery to provide educational sessions on hot healthcare topics to their health system clients. The summaries are designed to be brought onsite at the client's convenience. The document provides an overview of the program, lists current topic options and faculty, and describes McDermott's healthcare advisory practice group. Key details include the topics cover emerging issues like digital health, hospital collaborations, and fraud and abuse. Continuing education credits may be available depending on the session. Clients can request sessions or suggest new topics.
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1. McDERMOTT HEALTH SPEAKERS BUREAU | 1
H E A LT H
S P E A K E R S B U R E A U
HEALTH LAW PROGRAMS
FOCUSED ON YOUR ORGANIZATION
www.mwe.com
2. 2
Program
McDermott Will & Emery presents the McDermott Health Speakers Bureau,
a complimentary program designed to bring education on hot topics in the
health care industry directly to our health system clients at their convenience.
This initiative follows our multi-year in-person conference, Diagnosing Change,
where clients and friends were able to gather, discuss best practices and share
their knowledge and experience of adapting to the Affordable Care Act.
There is nothing like in-person learning and dialogue, but we recognize that finding
the time and money to travel to programs is difficult. Accordingly, we will bring
in-person educational opportunities to you and others within your organization—on
our time and at our expense.
McDermott Health has earned a reputation for excellence and thought leadership
in the health industry, and our lawyers work hand-in-hand with leading health care
organizations in developing the next generation of health care delivery in the United
States and abroad. We know that health care issues are close to home, and what
matters most to your organization and community is unique to your circumstances.
We therefore have assembled a menu of timely and relevant programs, all custom-
izable to your needs and specific audience, which may include a board of directors,
C-suite executives, in-house counsel, medical staff, physician leadership and others.
Continuing Legal Education (CLE) and Continuing Medical Education (CME)
credits may be available, depending on the topic and state.
As you will see, selected programs include the latest developments in antitrust,
governance and fiduciary responsibilities, digital health, and fraud and abuse.
We will add and modify topics over time to reflect emerging trends and opportunities,
and we welcome your ideas about topics of interest to your organization.
For more information about the McDermott Health Speakers Bureau, to request
a session or to suggest new programming, please contact Nora Pelizzari or your
McDermott lawyer.
We look forward to discussing how we can offer valuable insight and guidance
through the McDermott Health Speakers Bureau and bring in-person dialogue on
important industry trends to your organization.
H E A LT H
S P E A K E R S B U R E A U
McDERMOTT HEALTH
SPEAKERS BU REAU
CO-CHAIRS
Kerrin B. Slattery
+1 312 984 7685
kslattery@mwe.com
Sandra M. DiVarco
+1 312 984 2006
sdivarco@mwe.com
REQU ESTS
AND INQU IRIES
Nora Pelizzari
+1 212 547 5878
npelizzari@mwe.com
3. McDERMOTT HEALTH SPEAKERS BUREAU | 3
Current Topics and Faculty
Déjà Vu All Over Again: Provider Sponsored Health Plans – Build, Buy or Borrow – Exploring the Options 4
Gary Scott Davis, Paul Carr-Rollitt
Emerging Issues in Digital Health 5
Jennifer Geetter, Lisa Mazur, Dale C. Van Demark
Hospital-to-Hospital Collaboration Alternatives 5
H. Guy Collier, Kerrin B. Slattery, James F. Owens
Next-Generation Captive Insurance Companies 6
Tom Jones, Lisa Kaderabek
The Intersection of Governance and Quality 6
Sandra M. DiVarco, Michael W. Peregrine
Deconstructing Tuomey, Yates and Current Fraud & Abuse Developments 7
Eric Gordon, Tony Maida, Daniel Melvin, Joan Polacheck
Antitrust Developments and Best Practices for Getting the Deal Through 7
Jeffrey W. Brennan, Ashley M. Fischer, Steven Wu
Considerations in Acquiring Health IT Systems 8
Daniel Gottlieb, Sarah Hogan
Physician Integration Strategies 8
Charles Buck, Gary B. Gertler, Christopher M. Jedrey
Trends in Executive Compensation 9
Ralph E. DeJong, Mary K. Samsa
Protecting Key Brands in Health Care Operations and Transactions 9
Jennifer Mikulina
4. 4
Topic Descriptions
Déjà Vu All Over Again: Provider Sponsored Health Plans – Build,
Buy or Borrow – Exploring the Options
More than 30 years ago, faced with dominant health plans and changes
in reimbursement, providers scrambled to start their own health maintenance
organizations. Lack of capital, failure to appreciate underwriting risk, the
absence of effective population and utilization health management capabilities,
and an internal culture clash between the “payor” side of the house and the
“provider” side of the house, among other issues, caused many of these plans
to either fail or ultimately be sold. Today, many of the same or similar factors
that precipitated the emergence of provider sponsored health plans are back,
and once again many health systems have a renewed interest in forming a
health plan either de novo, or through acquisition or partnership. In the past
few years, those health systems that have successfully blurred the distinction
between payor and provider have focused on extension of mission, control
of care, targeted population health management, improved market dynamics
and first dollar control. This program will cover the attributes of successful
provider-sponsored health plans, legal and regulatory gating issues,
and structural and practical issues related to forming a new health plan or
partnering with an existing plan.
FACULTY
Our programs bring
one or more health law
specialists from across
the country together
with your organization
to discuss the latest
developments in health
care and their impact
on your business.
This dynamic suite
of programs will evolve
as the industry continues
to change.
H E A LT H
S P E A K E R S B U R E A U
Gary Scott Davis
Partner
Miami
www.mwe.com/Gary-Scott-Davis
Paul Carr-Rollitt
Partner
Los Angeles
www.mwe.com/Paul-A-Carr-Rollitt
5. McDERMOTT HEALTH SPEAKERS BUREAU | 5
Hospital-to-Hospital Collaboration Alternatives
Hospital-to-hospital consolidation continues at a rapid
pace across the United States. However, whether due
to increased antitrust scrutiny or other factors, outright
acquisitions (full asset mergers, sponsorship changes and
the like) are not always achievable. Accordingly, hospital
systems are considering both traditional transaction
models and creative alternatives to allow collaboration
among market participants. This program will provide an
overview of the full range of transaction structures health
care companies are currently using to respond to economic
and regulatory challenges. Because such transactions
are major undertakings for the involved organizations,
the program also will provide guidance on the transaction
process to support informed decision making by the board
and leadership, and to help ensure a successful result.
FACULTY
H. Guy Collier
Partner
Washington, DC
www.mwe.com/H-Guy-Collier
Kerrin B. Slattery
Partner
Chicago
www.mwe.com/Kerrin-B-Slattery
James F. Owens
Partner
Los Angeles
www.mwe.com/James-F-Owens
Emerging Issues in Digital Health
Academic medical centers, hospitals and other
institutional providers face both immense opportunity
and daunting challenges when participating in
digital health innovations. Many organizations are
implementing digital health solutions to support
their strategic initiatives, including telemedicine
services, integrated electronic data warehouses,
mobile apps and other mHealth technologies.
Innovation is moving faster than the law in this
area, so this program will provide an overview
of digital health developments and the emerging
issues for hospitals to consider as they incorporate
digital health into their operations.
FACULTY
Jennifer Geetter
Partner
Washington, DC
www.mwe.com/Jennifer-S-Geetter
Lisa Schmitz Mazur
Partner
Chicago
www.mwe.com/Lisa-Schmitz-Mazur
Dale C. Van Demark
Partner
Washington, DC
www.mwe.com/Dale-Van-Demark
6. 66
Next-Generation Captive Insurance Companies
For decades health care providers have formed and operated both wholly
owned and multi-owner insurance affiliates (captives) to reduce insurance
spend, enhance patient safety and bond with medical staff physicians.
Recent industry consolidation and legal/tax/regulatory developments have
caused many organizations to assess (or re-assess) optimal captive structures
and alternatives. To better identify and address systemic risk exposures,
this program will analyze evolving risk transfer mechanisms, including captives
and other self-insurance alternatives to commercial insurance.
FACULTY
Tom Jones
Partner
Chicago
www.mwe.com/Thomas-M-Jones
Lisa M. Kaderabek
Partner
Chicago
www.mwe.com/Lisa-Kaderabek
The Intersection of Governance and Quality
Active participation in hospital and health system quality initiatives does not
end with clinicians. Hospital and health system boards have a unique fiduciary
role in evaluating, analyzing and ensuring quality within their organizations.
This program will summarize basic fiduciary principles with respect to board
oversight of quality of care and will review the multiple foundational principles
that provide a basis for board oversight, in order to prompt further internal
discussion on approaches to quality of care and risk oversight.
FACULTY
Sandra M. DiVarco
Partner
Chicago
www.mwe.com/Sandra-M-DiVarco
Michael W. Peregrine
Partner
Chicago
www.mwe.com/Michael-W-Peregrine
“The longest
reputation
in history
as being the
pinnacle
health care
firm”
Chambers USA 2015
7. McDERMOTT HEALTH SPEAKERS BUREAU | 7
Steven Wu
Partner
Chicago
www.mwe.com/Stephen-Wu
Deconstructing Tuomey, Yates and Current
Fraud & Abuse Developments
Government enforcement and private “whistleblower”
activity is at an all-time high. The financial, reputational
and personal costs associated with defending these
investigations can be enormous. Given the intricate
requirements of the Stark and Anti-Kickback Laws,
many hospitals face complicated compliance
questions. This program will give an overview of
recent fraud and abuse developments—including the
Yates Memorandum’s increased focus on targeting
involved individuals—and will discuss mechanisms
to ensure a robust compliance program and provide
appropriate and strategic responses to allegations
of improper conduct.
FACULTY
Eric Gordon
Partner
Los Angeles
www.mwe.com/Eric-B-Gordon
Tony Maida
Partner
New York
www.mwe.com/Tony-Maida
Daniel Melvin
Partner
Chicago
www.mwe.com/Daniel-H-Melvin
Joan Polacheck
Partner
Chicago
www.mwe.com/Joan-Polacheck
Antitrust Developments and Best Practices for
Getting the Deal Through
With unprecedented consolidation in the health care
industry and active enforcement by the Federal Trade
Commission (FTC), organizations need to understand
and be prepared to address antitrust issues associated
with a transaction, joint venture or other collaboration
with market participants. This program will highlight
recent FTC enforcement actions, provide executive
sensitivity training and equip your organization with
protocols and best practices to embark on strategic
market initiatives and avoid antitrust pitfalls.
FACULTY
Jeffrey W. Brennan
Partner
Washington, DC
www.mwe.com/Jeffrey-W-Brennan
Ashley M. Fischer
Partner
Chicago
www.mwe.com/Ashley-Fischer
8. 88
Considerations in Acquiring Health IT Systems
Health information technology (IT) systems, including electronic
medical record systems, are an integral part of current health system
operations. Acquiring health IT systems involves a significant financial
investment in implementation and licensing fees, and important
business and legal considerations must be addressed to minimize
the risk of failed go-live, missed deadlines and other issues that
commonly arise in sourcing health IT products. This program will focus
on negotiation of software license and services agreements with
health IT vendors, and will address structuring implementation plans
and vendor incentives to effectively manage implementation;
structuring contractual provisions to ensure vendor accountability
and product performance; and planning for security breaches, disasters
and transition.
Daniel F. Gottlieb
Partner
Chicago
www.mwe.com/Daniel-F-Gottlieb
Sarah Hogan
Partner
Boston
www.mwe.com/Sarah-T-Hogan
Physician Integration Strategies
Successful hospital-physician integration strategies are a key part
of any health system’s ability to achieve the goals of the Affordable
Care Act and effectively manage the transition from fee-for-service
to value-based payments. These strategies may include direct
employment, physician leasing, clinical integration of independent
physicians and joint ventures. This program will describe the principal
affiliation and integration models and provide practical guidance
on negotiating and implementing such models.
Charles Buck
Partner
Boston
www.mwe.com/Charles-Buck
Gary B. Gertler
Partner
Los Angeles
www.mwe.com/Gary-B-Gertler
Christopher M. Jedrey
Partner
Boston
www.mwe.com/Christopher-M-Jedrey
The only Band 1 Health Care Firm in all top legal directories
FACULTY
FACULTY
9. McDERMOTT HEALTH SPEAKERS BUREAU | 9
Trends in Executive Compensation
Executive compensation has drawn increasing
attention from the Internal Revenue Service (IRS),
which has contacted (and will continue to contact)
nonprofit organizations for detailed information
regarding their executive compensation and benefits.
The IRS considers issues such as the board’s review
of compensation, the board members’ degree of
independence, the reporting of compensation
information on the Form 990 and whether the board has
taken the steps necessary to qualify for the “rebuttable
presumption of reasonableness” under the IRS
intermediate sanction rules. This program will address
best practices for executive compensation, including
appropriate preparation and assembly of documentation,
valuing and reporting of compensation arrangements,
preparation for disclosure, and response to the IRS
or other inquiries.
FACULTY
Ralph E. DeJong
Partner
Chicago
www.mwe.com/Ralph-E-DeJong
Mary K. Samsa
Partner
Chicago
www.mwe.com/Mary-K-Samsa
Protecting Key Brands in Health Care Operations
and Transactions
As the operations of a health care organization increasingly
move beyond the hospital’s four walls, it is important to
police, protect and enforce the organization’s name,
logo and other key brands. Further issues arise when
organizations embark on ventures with third parties and
the brand is integral to the venture. This program will
include an introduction to trademark law and best
practices for retaining trademark rights, including the
proper use of trademark symbols and proactive steps
to protect your name and brands from unauthorized use.
In addition, the program will address intellectual property
pitfalls in transactions with third parties.
FACULTY
Jennifer Mikulina
Partner
Chicago
www.mwe.com/Jennifer-M-Mikulina
10. 10
Health Industry Advisory Practice Group
AT A GLANCE
McDermott Will & Emery’s Health Industry Advisory Practice Group counsels
leading organizations in every major sector of the health care industry on
regulatory issues, business transactions and controversies. With skilled teams
knowledgeable in every aspect of the industry, we are able to represent a variety
of health clients: hospitals and health systems, large physician group practices,
ambulatory surgical and other outpatient care clients, diagnostic companies,
nursing homes and home health agencies, health payors, biotechnology companies,
and medical device and pharmaceutical manufacturers and distributors.
Our health lawyers focus their practice on one or more areas important to
industry clients while maintaining the flexibility to support other lawyers on a
variety of matters. We are the undisputed leading firm in health care, as
demonstrated by the fact that McDermott is the only firm to receive Tier 1 national
rankings by all of the leading legal directories: Chambers USA, The Legal 500
USA, U.S. News–Best Lawyers and Law360. Additionally, we are the only firm to
be named “Health Team of the Year” by Chambers USA twice (2010 and 2013).
Experience
With more than 30 years of experience serving the health care industry, our
international Health Industry Advisory Practice Group is one of the world’s largest
and most prestigious. Our group is interdisciplinary, bringing together all of the
regulatory, transactional, finance, real estate, restructuring and tax knowledge
necessary to deliver effective, efficient and focused services to our health
industry clients and those entities seeking to invest in the health industry.
International Reach
With offices across Europe and a strategic alliance with MWE China Law
Offices in Shanghai, we provide advice on health-related matters on a truly
global scale. In late 2012, McDermott became one of the first Western firms to
open an office in Seoul, and in 2013, McDermott’s German health practice was
ranked Tier 2 by Chambers Europe.
Core Capabilities
•• Ambulatory surgery centers
•• Digital health
•• Health antitrust
•• Health plans & accountable care
•• Hospitals, health systems & medical groups
•• Litigation
•• Mergers & acquisitions
•• Private equity
•• Regulatory & compliance
•• Sub-acute and long-term care
Our Team
Chambers USA | The Legal 500 USA | U.S. News–Best Lawyers
#1HEALTH
TEAM
100+lawyers
11. McDERMOTT HEALTH SPEAKERS BUREAU | 11
McDermott Will & Emery
ABOUT THE FIRM
McDermott Will & Emery is a leading international law firm with a diversified
business practice. We represent a wide range of commercial, industrial
and financial enterprises, both publicly and privately held. Our clientele include
some of the world’s largest corporations, small and medium-size businesses,
and individuals.
Currently numbering more than 1,000 lawyers, we have offices in Boston,
Brussels, Chicago, Dallas, Düsseldorf, Frankfurt, Houston, London, Los Angeles,
Miami, Milan, Munich, New York, Orange County, Paris, Rome, Seoul, Silicon
Valley and Washington, DC. McDermott Will & Emery has a strategic alliance
with MWE China Law Offices (Shanghai).