Health Care Legal Updates Breakfast Series

The health care industry is ever-changing, as are the laws affecting it. To help you stay current, Fox’s Health Law Practice hosted a breakfast seminar series to highlight relevant and timely topics with health care legal implications and analysis, including discussion of their effects on the health care marketplace.

PRIOR SESSIONS

  • INSURANCE ISSUES & CHALLENGES IN THE HEALTH CARE MARKET: LEGAL RISKS & ALTERNATIVE STRATEGIES

    January 16, 2020

    The health care market is facing unprecedented legal and insurance risks. The ever-changing regulatory environment, trends in malpractice litigation and more are causing health care organizations to re-think their insurance programs to alleviate financial stress and address the potential for serious claims.
     
  • MACHINE LEARNING, ARTIFICIAL INTELLIGENCE & HEALTH CARE: PRIVACY & LEGAL ISSUES

October 2019

  • TELEMEDICINE: LICENSING, REIMBURSEMENT, LIABILITY & OTHER LEGAL ISSUES

    September 24, 2019

As telehealth expands to (among other uses) ambulatory settings, EDs and psychiatry, unique legal concerns must be addressed, including providing services across state lines, consent, documentation, privacy and security, and liability. In addition, the HHS Office of the Inspector General (OIG) has recently taken action against telehealth providers, underscoring the need to consider all the legal issues before implementing a telemedicine program.

  • COMMON PROBLEMS & PITFALLS THAT HEALTH CARE ENTITIES ENCOUNTER WITH CONSTRUCTION & CONSTRUCTION CONTRACTS

July 18, 2019

Hospitals and other health care entities enter into construction contracts on a regular basis, whether they’re building new facilities, expanding or just renovating. It can be overwhelming, and construction terminology can sometimes sound like a foreign language. This program addressed how to engage in construction projects while ensuring the smooth delivery of services throughout the project. Learn how to spot issues early, ask the right questions to complete the project successfully, analyze alternative project delivery methods and allocate risk among the players in your construction project.

  • HEALTH CARE STARTUPS

June 11, 2019

Health care “startups” have been involved in everything from clinical medicine to tech and beyond. This program explored what to consider if starting or dealing with a health care startup, including how to grow your company from ideation to seed, series A and growth equity, the legal challenges along the way and the common pitfalls.

  • GOVERNMENT INVESTIGATIONS & QUI TAM ACTIONS IN HEALTH CARE

April 16, 2019

As the government continues to collect substantial dollars from actions against health care entities, the importance of recognizing how such actions may commence and how to respond is essential. This program discussed whistleblower actions, the use of data analytics, how to respond to a complaint, conducting an investigation when a complaint arises and attorney-client privilege issues.

  • PHYSICIAN ACQUISITIONS & ALTERNATIVE PHYSICIAN ALIGNMENT STRATEGIES: FROM MARRIAGE TO DATING TO JUST HOLDING HANDS
    March 19, 2019

    Physician practice acquisitions pose unique issues in addition to those encountered in the sale or purchase of a non-physician health care business. This program covered options as to various types of structures that can be considered with in aligning with and acquisition of physicians, including “practice leasing,” “group practices without walls,” and employment models. Speakers also discussed various models of compensation and how such can affect the success of a deal, and the increasingly common involvement of private equity in physician purchases and structuring issues.
     
  • SALE OR PURCHASE OF A HEALTH CARE BUSINESS: ANATOMY OF A HEALTH CARE DEAL
    February 19, 2019

As the number of healthcare deals has increased in recent years, more healthcare businesses face opportunities to buy or sell. This program discussed the elements of a healthcare purchase or sale, including elements that may be important to strategic buyers and/or private equity firms. It reviewed what to watch for in the asset or equity purchase agreement – including indemnification, representations and warranties, use of “rep and warranty” insurance, equity participation and regulatory issues.
 

  • HOT TOPICS IN IMMIGRATION FOR HEALTH CARE ORGANIZATIONS AND PROFESSIONALS
    Tuesday, January 22, 2019

    In the United States, health care and immigration laws often intersect, creating a complicated regulatory and statutory framework that governs the admission and employment of foreign medical professionals. The recent increase in immigration enforcement has made understanding these complex systems even more critical. In addition, immigration laws affect even employers who hire only US citizens, given the requirements to all document all employees’ status (with recent enforcement and changes in this area).
     
  • THE EVER-SPREADING RASH OF DISABILITY CLAIMS IN HEALTH CARE & THE BEST DEFENSES
    Tuesday, November 13, 2018

    Disability claims are increasingly being brought against health care entities. Although disability claims by employees have long existed, recently more and more non-employment claims have been brought against health care entities (hospitals, health centers, doctors and others) alleging discrimination by the health care organization as a place of public accommodation. This program explored what types of claims are being brought, prevention and the best defenses.
     

  • HEALTH CARE APPS & LEGAL ISSUES
    Tuesday, October 16, 2018

    New technologies are rapidly changing the way health care services are delivered. New health care apps are popping up every day, offering both unique opportunities and new regulatory compliance challenges. Whether an app is provided by health care providers or payers (e.g., to let patients connect in times of need), used by a current patient or whether the provider/payer is an investor in an app, it is important to be aware of the many legal issues involved with health care apps. These include privacy issues (HIPAA, state law and even GDPR, depending upon how and where the app may be used), difference in treatment of data stored/used by consumer health apps (e.g., pursuant to employer health plans), practice of medicine issues, ownership rights, licensing issues, contractual issues, avoidance of liability and FDA regulation of apps that act as medical devices. This program discussed legal issues involved with health care apps and considerations for providers, payers, app developers and others in the health care field.

  • EMPLOYMENT CHALLENGES IN THE HEALTH CARE WORKPLACE
    Thursday, September 20, 2018

This program will discuss some of the timeliest and most vexing issues facing health care employers, including disability complaints in the health care workplace, an employer’s duty to accommodate, "light duty," leave laws, specific protections for employees under New York City law, recent changes to New York  law, sexual harassment claims and the effect of the #MeToo movement on health care.
 

  • THE EVOLVING HEALTH CARE MARKETPLACE: HOW CHANGES MAY AFFECT PROVIDERS, PAYERS & OTHERS
    Tuesday, July 17, 2018

The health care marketplace is continuing to change, with consolidation between hospitals, physicians and payers; payers taking on provider roles and vice-versa; and shifts to value-based or alternative payment models. This program explored the changes that have occurred and continue to occur, antitrust challenges to consolidation, managed care issues, involvement of private equity in health care, what is happening with the Affordable Care Act and efforts by employers and government to contain health care costs, along with how these changes affect providers, payers, patients and others in the health care environment.
 

  • PRIVACY & DATA SECURITY IN HEALTH CARE
    Thursday, June 14, 2018

Topics: HIPAA compliance in an age of mergers and acquisitions, ransomware, mobile devices, patient access requests, vendor limitations of liability and effect of GDPR on health care entities.