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Chicago Medical Society 70th Annual Conference

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InterContinental Hotel

505 N Michigan Ave

Chicago, IL 60611

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Survival Guide: Emerging Issues in Healthcare

What to Expect and How to Prepare

EARN UP TO 15.3 CME credits

June 8-9, 2017

Intercontinental Hotel

505 N. Michigan Ave. Chicago, IL

Registration Fees:

Member $325

Resident / Fellow $30

Medical Student Free w/ID

Non-MD $109

Non-Member $525

Non-member Resident / Fellow $50

Non-member Student $30

AGENDA

Day 1 (Thursday, May 8, 2017)

9:00am - 10:00am

Payor Initiatives with Physicians and Payment Models in the Insurance Marketplace: A Changing Landscape

Commercial health insurance payors are experimenting with value-based payment models, such as bundled payments, population health management, and capitated payments, that shift risk to healthcare delivery organizations in order to increase their accountability for the cost and quality of the care they provide. The Center for Medicare and Medicaid Innovation has created several bundled payment initiatives that are intended to better coordinate care by providing a bundled Medicare payment for an episode of care involving one or more providers. Other approaches by payors include using particular networks of providers and targeting certain coverage populations. This session offers an opportunity to hear from both commercial health insurer and CMMI representatives on products and other initiatives in the marketplace. Topics to be covered include:

  • Overview of recent payment models and initiatives in the insurance marketplace
  • Discussion of how the ACA has affected payer alignment and marketplace strategies
  • Discussion of payment programs and initiatives with physicians

10:15am - 11:15 pm

Overcoming Common Barriers to Clinical Integration

This session will focus on the evolution of clinical integration networks, the key legal issues associated with their development, and the cultural changes necessary for both physicians and administrators to make such endeavors successful. The panelists will discuss:

  • Common road blocks, such as funding and governance, EHR interfacing, data downloads and physician “skin in the game”
  • The transition of existing payor contracts to different types of value-based contracts
  • The need for physician leadership
  • Key policies for implementing clinical integration

11:15am - 12:15pm

Turning Networks into Assets – From Broad to High-Performing Networks

Marketshare is king as commercial payer volume is being replaced with government program growth, and acquisition of other providers isn’t the only answer. High-performing networks are critical and play a vital role in the evolution of provider delivery payment from fee-for-service to value-based reimbursement. In this session we will review various alternatives including real-world success stories including:

  • MACRA (Medicare Access and CHIP Reauthorization Act) APM (Alternative Payment Model) Options
  • Super-Clinically Integrated Network (CIN) Formation and Risk-Based Venture Options
  • High-Performing Physician Hospital Organizations (PHOs)/Independent Physician Associations (IPAs)/Accountable Care Options (ACOs)/CIN Formation Risk-Based Reimbursement Options

12:15pm - 1:00pm - Lunch

Health Reform: What to Expect and How to Prepare


While the Trump administration and the GOP-led Congress resolve differences about how to replace the Affordable Care Act, the capital markets are shifting, demand for health services is increasing, stakeholders and adjusting and budget cuts are looming. Some elements of the “new, new normal” are clear; others are not. How should healthcare organizations monitor and prepare, and what risks need to be considered? This session will provide an up-to-the-minute update with ample time for open discussion.

1:00pm - 2:00pm

Not Your Grandfather’s False Claims Act: Trends in the Identification and Pursuit of Aberrant Physician Practices

In this timely discussion of current trends in False Claims Act cases involving physicians, an expert panel will:

  • Analyze options available to the government for identifying “high-risk” physicians
  • Examine the government’s use of data analytics to scrutinize aberrant physician referral and prescribing patterns
  • Review recent False Claims Act cases involving potentially abusive physician practices
  • Provide practical, real-world ideas for physicians to address and prevent False Claims Act exposure

2:00pm - 3:00pm (Concurrent Session)

Potential False Claims Act and Other Regulatory Exposure with Ineffective Peer Review

Compliance pitfalls can result if healthcare organizations fail to conduct effective physician peer review. This session will cover key issues lawyers and physicians face when addressing and conducting physician peer review to reduce regulatory exposure. The discussion will include:

  • Hospital and medical staff legal obligations to conduct effective peer review
  • Examples of False Claims Act, Stark Law, Anti-Kickback Statute, HIPAA, EMTALA, and federal research civil and criminal exposure associated with ineffective peer review
  • Effective physician peer review strategies, including coordination with compliance personnel where appropriate
  • Practical examples of lessons learned from ineffective physician peer review

2:00pm - 3:00pm (Concurrent Session)

Minimizing the Risks in Prescribing Controlled Substances

This session will provide an overview of DEA registration, suspension or revocation of registration, DEA inspections and enforcement proceedings, and minimizing the risk of investigation and prosecution. In addition, the panel will discuss:

  • Developments in e-prescribing and telehealth: DEA’s new proposed relaxed standards
  • State prescription drug monitoring program (PDMP) laws and their effects on physicians
  • Medical and recreational marijuana dilemmas for physicians

3:00pm - 4:00pm (Concurrent Session)

Anti-Kickback and Beneficiary Inducement Statutes: Current Trends and New Regulations

This panel will review the federal anti-kickback statute and the beneficiary inducement provisions of the civil monetary penalties law and examine recent developments and common compliance issues for physicians. This discussion will include:

  • An overview of the statutes’ scope and requirements, particularly OIG’s new safe harbors and regulatory changes
  • Recent enforcement actions and settlements
  • OIG guidance and compliance resources
  • Best practices and tips to avoid or mitigate risk

3:00pm - 4:00pm (Concurrent Session)

Evolving Healthcare Delivery: Concierge Medicine

Concierge medicine continues to develop as a promising practice alternative that can be professionally rewarding for physicians and satisfying for patients. This session addresses key issues for both lawyers and physicians concerning concierge practice, including:

  • The flexibility that physicians have in setting up a concierge practice
  • The clinical and professional advantages for physicians practicing concierge medicine
  • Legal issues that should be considered when structuring and operating a concierge practice

4:15pm - 5:00pm

The Addict’s Perspective: Three Truths Every Doctor and Lawyer Should Know about Addiction

Nearly everyone will face addiction in their practice this year. This session will provide insight and practical advice on how to treat the client or patient struggling with addiction while offering a front-row seat to the state of current and proposed public policy on addiction issues. Topics include:

  • The mechanics of addiction: the problem and solution
  • The promise and pitfalls of medically assisted treatment
  • The state of current and proposed addiction law and policy

5:00pm-6:00pm

Networking Reception

Come enjoy a chance to relax and network with colleagues over drinks and hors d’oeuvres. You will have the opportunity to meet our speakers, as well as members of the American Bar Association Health Law Section, the Chicago Medical Society, and the American Association for Physician Leadership.

Day 2 (Friday, May 8, 2017)

8:10am - 9:15am

The Quality Payment Program: What It Is and Why You Should Care

The Quality Payment Program (QPP) will impact the way most health care practitioners are reimbursed by CMS. This session will discuss the alphabet soup of the QPP, including MIPS and Advanced APMs, as well as how physicians can take action today to avoid a payment penalty in 2019. Panelists will also address:

  • The impact of the QPP on solo and small group practitioners, large medical groups and non-patient facing practitioners
  • The status of bundled payment programs and CMS’ plans going forward
  • The consequences of doing nothing

9:15am - 10:15am

Commercial Reasonableness of Physician Compensation: Analytical Update with MACRA


With recent healthcare reform initiatives, a major paradigm shift is taking place in the healthcare delivery system. This session will focus on the potential impact of MACRA and other reform initiatives on determining the commercial reasonableness of physician compensation arrangements, and equip providers and legal counsel with the tools to thrive in this paradigm shift.

10:30am - 11:30am

An Update on the Future of Healthcare

Senator Cassidy is co-author of The Patient Freedom Act of 2017 with Senator Susan Collins of Maine. He will speak on healthcare reform legislation and other initiatives being considered on Capitol Hill, including aspects affecting practicing physicians.

11:30am - 12:30pm (Concurrent Session)

Your Practice is Being Audited: Complying, Fighting and Winning

Given the increasing audit landscape, most physician practices will be subject to a Medicare, Medicaid or other third-party payor audit at some point. Taking the audit seriously and understanding the process is critical to a successful outcome. Failure to handle the audit properly can lead to significant financial exposure and continued scrutiny. This session addresses key issues when facing an audit, including:

  • Appeal processes and auditors’ concepts
  • Considerations affecting the decision to appeal
  • Successful strategies for appeals
  • Using the audit to enhance future compliance

11:30am - 12:30pm (Concurrent Session)

Contracting Workshop Part I: Negotiating Employment Agreements for Residents and New Physicians

Signing on the dotted line? Not so fast! Make sure you understand what you’re being asked to sign, how your contract compares to industry norms, and how to negotiate changes with your future employer. This session will provide physicians, practice administrators and legal counsel with an overview of physician employment contracting, including:

  • Contracting basics
  • How to analyze key terms (e.g., compensation, benefits, termination rights, non-compete restrictions)
  • Common pitfalls
  • Successful negotiation strategies

12:30pm - 1:30pm

Lunch on Your Own

Concurrent Session

1:30pm - 2:30pm

The Stark Law: What Has Changed, What Remains the Same, and What Might Come Next

In this session, the expert panelists will review and discuss the practical implications of the revisions and clarifications to the Stark regulations in the 2016 Medicare Physician Fee Schedule. Topics covered will include:

  • Overview of the revised Self-Referral Disclosure Protocol and past settlements
  • Review of recent government enforcement of False Claims Act cases and settlements based on Stark violations
  • The interplay between the Stark Law and the evolving CMS payment models
  • Analysis of what might be next for the Stark Law

1:30pm - 2:30pm (Concurrent Session)

Contracting Workshop Part II: Five+ Years Later -Did I Get What I Bargained For? What Are My Options?

This session will provide physicians, practice administrators and legal counsel with practical, real world guidance to anticipate speed bumps in hospital contract renegotiations and to prepare for practice-health system integration opportunities. Panelists will discuss the how’s and whys of contract renegotiation and contract integration, including:

  • Compensation/benefits, call coverage, governance/partnership, outside income/personal services/concierge medicine
  • Contract terms, including termination/non-competes, compensation methodologies, strategic considerations, and unwind provisions

2:30pm - 3:30pm (Concurrent Session)

Healthcare Compliance & Enforcement Investigations: Leading Practices for Outside and In-house Counsel

Join this session to hear from two former health care fraud AUSAs now serving as in-house and outside counsel who will provide in-house, defense and compliance perspectives on representing and advising clinicians. The panelists will discuss:

  • The current regulatory landscape for provider investigations by the government
  • Internal investigations from in-house and outside counsel perspectives
  • Leading practices in responding to compliance and enforcement investigations

2:30pm - 3:30pm (Concurrent Session)

MACRA Made Easy

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) ushered in a whole new Medicare physician payment system and accompanying set of new acronyms, including QPP, MIPS, APM, and others. This session will demystify the choices presented by the Merit-Based Incentive Payment System and Alternative Payment Models.

Attendees will learn:

  • The MIPS performance categories for 2017 – Quality, Advancing Care Information and Improvement Activities
  • How Alternative Payment Models fit in
  • How physicians and other MIPS-Eligible Clinicians can maximize their payment adjustment

3:45pm - 4:45pm (Concurrent Session)

The Physician/Attorney/Consultant Relationship: Challenges Posed by the 60-Day Overpayment Disclosure Rule

The longstanding relationships among physicians, their counsel and compliance/coding consultants are facing significant challenges from the requirement to disclose identified Medicare and Medicaid overpayments within 60 days after identification. This session will explore:

  • New challenges which can have significant impact on liability for the attorney, the consultant and the physician practice
  • When to conduct audits under attorney-client privilege
  • When and how to receive preliminary results
  • The importance of a well thought out audit process to help ensure a positive experience and minimize financial risks

3:45pm - 4:45pm (Concurrent Session)

Physician Wellness: Promoting a Culture of Physician Well-Being

The practice of medicine has always been a high-stress occupation. Given the increased burdens placed on physicians in today’s health care climate, physicians are under more stress than ever. This session will address ways to combat physician burnout and promote physician health. The panelists will also discuss:

  • Identifying impairments that can affect a physician’s ability to practice medicine
  • Methods of intervention
  • Potential legal implications associated with impaired physicians
  • Innovative ways healthcare organizations can create an environment that contributes to physician well-being

4:45pm - 5:45pm (Ethics button)

My Attorney Said It Was OK: Legal Ethics and the Advice-of-Counsel Defense for Doctors

When can a doctor rely on a lawyer’s advice? Advances in technology and changes in law can present challenges for physicians and attorneys, including legal ethics challenges. This presentation will address:

  • Situations that may raise professional responsibility concerns for attorneys
  • Cases in which the advice-of-counsel defense has been considered by courts
  • Cases involving new technology and changing law, such as the Teladoc case in Texas
  • Applicable Model Rules of Professional Conduct


Download Information Brochure Here

Advance Registration

To ensure your name is included on the distributed registration list, register by June 2, 2017, online or by mail. Registration will be accepted only when accompanied by check, money order, VISA, American Express or MasterCard information. Registrations will not be held without payment.

U.S. Mail: Chicago Medical Society

515 N Dearborn
Chicago, IL 60654

On Site Registration
Please call 312-670-2550 by June 8, 2017, to ensure space availability. On-site registration will only be accepted when accompanied by check, money order, VISA, American Express, or MasterCard information.

Cancellation Policy Tuition, less a $50 handling charge for each registration, will be refunded upon written cancellation received no later than May 23, 2017. Cancellations received after this date cannot be refunded but substitutions are encouraged. CMS reserves the right to cancel any program and assumes no responsibility for personal expenses.

Registration Fee
Registration fee for (Thursday and Friday), your payment will include admission to the program, continental breakfasts, coffee breaks, one lunch, reception, the Physician Law Book, 4th Edition, and electronic course materials.

Conference Location
The 70th Annual Conference will take place at the InterContinental Hotel in downtown Chicago on Thursday, June 8 from 8 am- 7 pm, Friday, June 19, 8 am–5 pm.

Hotel Information
A block of rooms has been reserved at The InterContinental Chicago at the rate of $259 single/double with 17.4% tax. The InterContinental Chicago is located at 505 N Michigan Ave, Chicago, IL. You can reserve your room by visiting the website at: https://goo.gl/FmKHg0 or you can call the Hotel directly at 1-800-628-2112 (312-944-4100 for International Calls) and identify yourself as a participant of the ABA Physician Legal Issues Conference 2017 (or group code KFG). The room block expires on Tuesday May 16, 2017.

Tax Deduction for Educational Expenses
An income tax deduction may be allowed for Educational expenses undertaken to maintain 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 disabilities
If special arrangements are required for an individual with a disability to attend this program, please submit your request in writing to Health Law Section, American Bar Association, 321 N. Clark St., Chicago, IL 60654.

Dress Code
Business and business casual attire are appropriate for the program.

Accredidation Statement

Physicians that attend this conference may earn up to 15.3 CME credits. For additional information about this CME activity, including any updates regarding faculty members and/or commercial support disclosures, please visit the Chicago Medical Society’s (CMS) website at http://www.cmsdocs.org/events/event-registration-forms/70thAnnualMCCRegistration. You can also contact the Education Department of the CMS Office via email at: cms@cmsdocs.org or via phone at: 312-670-2550.

This activity has been planned and implemented in accordance with the accreditation requirements and policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint providership of the Chicago Medical Society, the American Bar Association’s Health Law Section and the American Association for Physician Leadership. The Chicago Medical Society is accredited by the ACCME to provide continuing medical education for physicians. The Chicago Medical Society designates this live activity for a maximum of 15.3 AMA PRA Category 1 Credit(s)™. Physicians should claim only the credit commensurate with the extent of their participation in the activity

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InterContinental Hotel

505 N Michigan Ave

Chicago, IL 60611

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