updated: May 5, 2008
Boston Bar Association        
   

Previous Events & CLE Programs

May 1, 2008
CLE Program

Stark Law: Straight From the Top

Sponsored by the New Hampshire Bar Association
Co-Sponsored by the Boston Bar Association and the Maine State Bar Association

Lisa Ohrin, Deputy Director of the Division of Technical Payment Policy, Center for Medicare Management, and Julie Cass of OberKaler, will provide a complete review of the Stark Physician Self-Referral Rules.

Beginning with the basics and a history of Stark, the speakers will quickly move to an advanced discussion of the Stark II, Phase III rules and currently proposed changes to the rules. The speakers will also discuss recent regulatory activity with respect to the anti-markup rules and how those provisions intersect with the physician self-referral rules. The program will include hypotheticals to promote an understanding of the proper application of the law in context. Our speakers will also provide an update on the status of the recently proposed changes which are expected to significantly impact current and future health care transactions.

To view the proposed rules online, please click the link below or visit:
http://www.cms.hhs.gov/AcuteInpatientPPS/downloads/CMS-1390-P.pdf


April 3, 2008
CLE Program

Health Care Fraud

Sponsored by:
Criminal Law Section
Health Law Section

Join our three distinct panels as they explore the latest developments in practice issues related to health care fraud. Each panel will cover a separate set of topics.

Click here for complete program description.


March 27, 2008
CLE Program

Health Care Legislation Annual Update 2008

Sponsored by:
Health Law Section

Join the Health Law bar for this annual legislative and policy update of the health care field! Get the latest information from key state regulators and legislators about the status of legislation and policy under new executive branch leaders and how it will affect your clients’ interests.

A period of questions from the audience will be provided. Written materials will include summaries of selected state health care legislation prepared by the BBA Health Law Section’s Subcommittee on Legislation.

Click here for complete program description.


March 24, 2008
Section Meeting

Regulating Stem Cell Research

Sponsors
Life Sciences Committee
Health Law Section

Join Patrick L. Taylor, JD, Harvard Medical School, and M. William Lensch, Harvard Stem Cell Institute, as they discuss the diverse legal and ethical guidelines that may influence the progress of stem cell research.

In recent years, stem cells have garnered national and international media attention from a variety of perspectives – scientists and patient advocates, clergy and politicians. This unprecedented focus has generated a patchwork of rules and regulations, from presidential edicts to state laws regarding this potentially life-altering new technology.


February 5, 2008
CLE Program

Healthcare Reform and the Individual Mandate

Sponsors
Health Law Section
Family Law Section

The individual mandate, a critical component of healthcare reform, requires that adults in the Commonwealth purchase health insurance unless it is not affordable for them. This program will address the question of how Massachusetts state agencies will implement the individual mandate.

Click here for complete program description.


January 28, 2008
Section Meeting

Special Reception - Assistant Attorney General David G. Spackman

Please join us for a special reception with Assistant Attorney General David G. Spackman, head of the Massachusetts Attorney General's Non-Profit/Public Charities Division. Mr. Spackman will describe the Division’s mission and some of his office's priority public policy concerns for the coming year.

Before joining the Massachusetts Attorney General's Office, Mr. Spackman practiced healthcare law at Greenberg Traurig's Boston office.

This event is sponsored by the Health Law Section but is open to all BBA members and their guests. Food and refreshments will be served.


January 11, 2008
Section Meeting

Whistleblower Prevention 101 Inside Baseball

Robert M. Thomas, Jr. will provide an overview of the most common mistakes companies make when dealing with potential whistleblowing employees. He will discuss the basic steps that can be taken to handle these delicate situations.>

Mr. Thomas is the principal and founder of Thomas & Associates in Boston, Massachusetts, a white collar litigation firm concentrating in whistleblower representation.


December 14, 2007
Section Meeting

US V. Sulzbach: A Warning to In-house Counsel & Compliance Officers

The Department of Justice Complaint against the former General Counsel of Tenet Healthcare alleging a violation of the Federal False Claims Act raises a series of important issues for all in-house counsel and compliance officers. Mark Waxman, Foley & Lardner LLP, and Suzanne Durrell, Law Office of Suzanne E. Durrell, will disucss the challenges prsent when there is the possibility of internal wrong doing in the face of government reporting and certification obligations, with a practical discussion of best practices to follow to protect both the company and the in-house team.


November 29, 2007
Section Meeting

Medical Device Fraud: The Next Target of Prosecutors

Michael Manthei, Partner at Holland & Knight LLP, will provide an overview of the Fraud and Abuse enforcement trends affecting medical device companies. The discussion will address current theories of potential misconduct leading to investigations and prosecutions of device companies.

Specific topics include:

  • off-label marketing;
  • relationships with prescribers such as physician consulting agreements and product development agreements;
  • sponsored research and clinical trials; and
  • payer issues.

November 15, 2007
Committee Meeting

Health Law Legislative Committee

Join us for a planning meeting at which we expect to develop the committee’s workplan for the coming six months, including the agenda for the legislative CLE session held each spring.


November 15, 2007
Committee Meeting

Health Law Social Action Committee

Join us for a meeting of the Health Law Section Social Action Committee.


November 6 , 2007
CLE Program

Health Care at the End of Life: Navigating Legal Challenges in Planning, Payment and Treatment

Sponsors
Health Law Section
Trusts & Estates Section

Longer life expectancies, coupled with technological advances in medicine, have made end-of-life health care legally and ethically complex. This program, designed for experienced health law practitioners as well as estate planning attorneys, will address key issues surrounding end-of-life care. Attendees will learn the intricacies of planning for end-of-life care, paying for end-of-life care and making treatment decisions at the end of life.

Click here for complete program description


July 18, 2007
Section Event

Dinner and a Movie

Join your fellow health lawyers to watch Sicko, Michael Moore's movie about the U.S. healthcare system.  You are on your own for tickets, but you can buy them online at http://www.fandango.com/amcloewsbostoncommon19_aapnv/theaterpage
(just remember to select the right date and time!)

The BBA will be contributing to dinner after the movie.

June 12, 2007
Section Meeting

End-of-Life Treatment Decisions: An Ethicist’s Perspective

Sponsors
Health Law Section
Elder Law & Disability Planning Committee

Join us as we discuss ethical decision-making in end-of-life care. The expert panelists will address ethical issues surrounding the treatment of life-threatening medical conditions, touching on fundamental principles and pragmatic approaches. Topics to be covered include futility of treatment, quality of life and impact of family. Consideration will be given to a range of situations, including treatment of persons with severe pre-existing disabilities.

Panelists:


May 15, 2007
Section Meeting

Healthcare Reform:  Minimum Credible Coverage

Rosemarie Day, Chief Operating Officer, Commonwealth Connector, will discuss the process by which the Connector developed its standards for “minimum creditable coverage” and its guidelines for health insurance policies available through the “Commonwealth Choice” program.

These policies will be offered, beginning May 1, 2007, to individuals whose incomes exceeds 3 times the Federal Poverty Level; the premiums will be paid entirely by the individual. Beginning July 1, 2007, individuals who do not purchase these policies or who otherwise do not have health insurance coverage meeting the standards of “minimum creditable coverage” will be subject to a monetary penalty.


May 7, 2007
Section Meeting

Special Event with Assistant Attorney General Quentin Palfrey

Please join us for a special reception with Assistant Attorney General Quentin
Palfrey
, head of the Massachusetts Attorney General’s new Healthcare Division. Mr. Palfrey will describe the new Healthcare Division’s mission and some of his office’s priority public policy concerns for the coming year.

Mr. Palfrey joined the Massachusetts Attorney General's Office as a member of the Insurance Division in April 2005 and was appointed head of the new Healthcare Division in January 2007.

All Health Law Section and BBA members are encouraged to bring guests. A reception will follow the program.


April 19, 2007
CLE Program

Health Care Fraud

Sponsors

Criminal Law Section
Health Law Section

Join our three distinct panels as they explore the latest developments in practice issues related to health care fraud. Each panel will cover a separate set of topics. The first panel will survey the newest areas of fraudulent activity being investigated by the government. The second panel will cover the investigation and prosecution processes involved in representing individuals in health care fraud matters and offer useful practice tips. The third panel will highlight the unique role and perspective of a qui tam relator and relator counsel in health care fraud prosecutions.

Click here for complete program description.


March 22, 2007
CLE Program

Health Care Legislative Annual Update 2007

Join the Health Law bar for this annual legislative and policy update of the health care field! Get the latest information from key state regulators and legislators about the status of legislation and policy under new executive branch leaders and how it will affect your clients’ interests.

Click here for complete program description.


March 2, 2007
Health Law CLE Committee


Please join us for our monthly Health Law CLE meeting.


February 15, 2007
Section Event

Health Law Section Social Evening

Members of the Section will meet in the upstairs bar at the Omni Parker House. Appetizers will be provided. Bring yourself and other health law colleagues. There will be no speeches and no fundraising - just an informal evening with friends and colleagues. We look forward to seeing you there!

Please note: The event is NOT at the Last Hurrah, which you see from the street. The Omni Parker House is located on the corner of School & Tremont.


February 14, 2007
Section Meeting

Real Estate Exemption for Charitable Organizations

Sponsors
State & Local Tax Committee
Health Law Section

oin us as David J. Martel of Doherty, Wallace, Pillsbury & Murphy, P.C. reviews recent appellate decisions with regard to real estate exemptions from local taxation.

Non-profit organizations frequently own valuable real estate which municipalities may seek to bring onto local tax rolls. This is particularly true for elderly housing facilities. The tests for exemptions from local taxation can get complicated, as evidenced by several recent decisions from Massachusetts appellate courts and the Appellate Tax Board.

Specifically, Mr. Martel will discuss the jurisdictional requirements for relief from real estate taxes and the standards which courts have applied in deciding the merits of an exemption application.


February 13, 2007
CLE Program

Electronic Health Record Systems: Current Legal Developments

The adoption and use of Electronic Health Record systems (EHR Systems) is often cited as critical to initiatives in the health care industry to improve quality in health care, reimbursement, availability and access to information, and communications among health care organizations and with patients.  Health care organizations which have adopted, promote, or sell EHR Systems are faced with a number of legal challenges, as well as some new opportunities created by federal and state laws and regulations which promote the adoption of EHR Systems and other health information technology systems. Attendees will learn about the range of issues these challenges and opportunities present.

Click here for complete program description.


February 8, 2007
CLE Program

Labor Law Issues in the Health Care Arena

Sponsors
Health Law Section
Labor & Employment Law Section

The labor environment in the health care industry has become a highly visible and important topic in recent months.  In a relatively short time, the industry has seen a number of high profile strikes and threatened-strikes, contract negotiations, and vigorous organizing activity.  Many health care lawyers within the industry are rather quickly finding themselves in the midst of the unfamiliar territory of labor law.  Simultaneously, long-time labor law practitioners are facing familiar issues, but in the context of a new industry setting that brings its own unique set of concerns.

This program will help both health care and labor lawyers navigate this new environment.  Attendees will hear a panel of leading experts from both health care management (including in-house and outside counsel) and labor explain the issues that are driving this dramatic increase in activity.

Click here for complete program description.


January 30, 2007
CLE Program

Massachusetts Health Care Reform

The Health Care Reform package which was adopted by the Massachusetts legislature last year has broad implications for health care consumers, health care providers, third party payers, and employers. This program will offer an overview of the legislation, accomplishments to date and tasks to be completed in the months to come. Attendees will receive a report from the newly created Connector Authority, and panelists will provide perspectives from the consumer, provider, payer, and employer communities.

Click here for complete program description.


January 12, 2007
Health Law CLE Committee Meeting

Please join the Health Law CLE Committee at their Friday, January 12th meeting.


December 20, 2006
CLE Program

The Digital Campus: Ownership of Information on Institutional Networks

Sponsors
Health Law Section
College & University Law Section
Intellectual Property Law Section
Boston Patent Law Association

Networked access to digital information continues to raise new legal issues regarding ownership, as well as permissible uses of information and resulting products. These issues are particularly complex within the networked campuses of educational, governmental, healthcare and research institutions that balance missions to advance public knowledge and welfare with obligations to protect personal or proprietary information. 

This program brings together practitioners who face these issues on a daily basis and who lead in developing institutional policies and responses.

Click here for complete program description


November 29, 2006
Health Law CLE Committee Meeting

Please join the Health Law CLE Committee at their Wednesday, November 29th meeting.


November 13, 2006
Social Action Committee Meeting

The agenda will include health reform, Children’s Mental Health Task Force 5 Year follow up, end of life care/brown bag and other items.


October 18, 2006
Legislative Committee Meeting

Dear Health Law Section Members:
 
Join the Health Law Legislative Committee at its inaugural meeting on the 18th.  Come share your ideas and get involved as we plan programs and other initiatives to track current health-related legislation and follow the Health Care Reform Act's implementation.

We will also discuss working with other Committees on brown bag lunch programs and potential articles for the newsletter related to recent developments with health law legislation.  

We hope to see you on the 18th!

Joshua Greenberg
Co-Chair, Legislative Committee

William Mandell
Co-Chair, Legislative Committee

Linda Tomaselli
Co-Chair, Legislative Committee


October 12 , 2006
CLE Committee Meeting

All Health Law Section members are invited to join the Health Law CLE Committee as we plan for the program year. 


September 27, 2006
Committee Meeting

ERISA Preemption and the Massachusetts Health Care Reform Act ( Ch. 58 of the Acts of 2006)


Diane M. Soubly, Seyfarth Shaw LLP will examine the requirements of the new Massachusetts Health Care Reform Act in light of the impact of ERISA’s preemption requirements and how these provisions would fare if challenged.

The Massachusetts Health Care Reform Act radically changes the way that health care is regulated in the Commonwealth, and it imposes a series of new requirements on employers relating to the group health insurance coverage. These requirements include a “fair share contribution” mandate, a “free rider” surcharge, a Code Section 125 cafeteria, non-discrimination rules for insured plans, and a host of new reporting and disclosure rules, among others.


September 14, 2006
CLE Committee Meeting

Dear Section Members:

Please join the BBA Health Law CLE Committee at its inaugural meeting! With the impending implementation of Health Care Reform in Massachusetts, among other events, we anticipate an exciting year. Join us to get involved in planning programs and brainstorming other initiatives, and to give us your ideas for the upcoming program year. We hope to see you on the 14th!

Alan Einhorn
Co-Chair, CLE Committee

Robin Johnson
Co-Chair, CLE Committee


June 22, 2006
Section Meeting

Medical Debt: A Consumer Advocacy Perspective

Co-sponsored with the Bankruptcy Law Section Pro Bono Committee

Our panelists will discuss consumer medical debt and issues that are likely to face attorneys who advise uninsured or underinsured consumers.

  • Melissa Shannon, Consumer Health Policy Coordinator at Health Care for All, will describe the scope of problem, the populations who are experiencing the most severe problems with medical debt, and trends in under-insurance.
  • Laurie Martinelli, Executive Director of Health Law Advocates, Inc., will discuss steps attorneys can take in evaluating a medical debt case. Emphasis will be placed on reviewing medical bills, the role of the Uncompensated Care Pool, prescription drug assistance programs and how to seek reduction or forgiveness of medical bills.
  • Walter Oney, Co-Chair of the Pro Bono Committee of the Boston Bar Association’s Bankruptcy Law Section, will discuss bankruptcy law implications of medical debt, and pro bono opportunities for BBA members.


June 12, 2006
Social Action Committee Meeting

End-of-Life Care Decisions: Key Clinical and Legal Issues

Join us for a panel discussion addressing the intersection of the law and key clinical aspects of end-of-life care in both acute and chronic care settings. The presentation will be followed by a question-and-answer period.

Panelists:

Moderator:
  • Margaret Metzger J.D., former general counsel for Tufts Health Plan and former Executive Director of the Massachusetts End of Life Care Commission

June 5, 2006
Section Meeting

Understanding and Implementing the Massachusetts Health Care Reform Law

Co-sponsors: Labor & Employment Law Section and Corporate Counsel Committee

Christie L. Hager, Chief Health Counsel to Speaker of the House of Representatives, Salvatore F. DiMasi; and State Representative Martha M. Walz, also of Littler Mendelson P.C., will discuss how the new health care law impacts individuals and employers.


June 1, 2006
Section Meeting

Mental Health Law Triage

Co-sponsors: Solo & Small Firm Section, Criminial Law Section, New Lawyers Section, Health Law Section

Gary S. Zalkin and Stephen G. Viegas, both solo practitioners, will address mental health and treatment issues that may arise regarding psychiatric commitments, guardianships and health care proxies for families. They will also discuss what lawyers should know and do when a client has mental health issues.


May 12, 2006
CLE Program

The Medicare Part D Program

Full program description

Since it went into effect on January 1, 2006, Medicare’s new prescription drug benefit, known as Medicare Part D, has challenged regulators, health plans, pharmacies, consumers, and the attorneys who advise each of them. Attendees will learn how to n avigate the requirements of the Part D Program, in addition to gaining up-to-date information on recent developments.


April 5, 2006
CLE Program

Health Care Legislation Annual Update 2006

Full program description

Join the Health Law Bar for this annual update of legislation and policy relating to the health care field. Get the latest information from key state regulators and legislators about the status of legislation and policy and how it will affect your clients’ interest.


February 10, 2006
Section Meeting


The New Bankruptcy Code Collides with Healthcare Law – What Do We Do Now?

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) has triggered a sea change in individual and business bankruptcy and insolvency practice generally. There are new, unprecedented bankruptcy code provisions affecting health care institutions and health care attorneys.

Jeffrey D. Sternklar, Partner, Bankruptcy Reorganization and Financial Restructuring Group, Duane Morris LLP will explain and analyze the effect on health care institutions, and the new opportunities and risks for health care lawyers, created by BAPCPA.


January 2006
Section Breakfast Series


Section Breakfast Series: Health Reform in Massachusetts

The Health Law Section of the BBA is sponsoring a free month-long breakfast series on Thursday mornings in January that will cover health reform legislation in Massachusetts Each session will last one hour, and will focus on a different element of the proposed legislation. There will be time allotted for questions and discussion.

January 5, 2006 , 9-10 a.m.
Medicaid Expansions
Robert Seifert, Massachusetts Medicaid Policy Institute

January 12, 2006 , 9-10 a.m.
Financing
Brian Rosman, Health Care For All, and Victoria A. Burgess, Massachusetts Taxpayers Foundation

January 19, 2006, 9-10 a.m.
Insurance Market Reforms
Steve D'Amato
, Center For Insurance Reform and Jon Kingsdale, Sr. VP for Policy Development, Tufts Health Plan

January 26, 2006 , 9-10 a.m.

Public and Community Health
TBA


November 2, 2005
Section Meeting


Proposed Stark Exceptions and Anti-Kickback Safe Harbors for E-Prescribing and Electronic Medical Records


The Centers for Medicare and Medicaid Services and the Office of the Inspector General have released proposed regulations as part of an effort to promote the adoption by physicians of e-prescribing and electronic medical records. To date, the Stark regulations and the Anti-Kickback Statute have limited the ability of hospitals to provide financial assistance to physicians who want to obtain either of these technologies. The proposed regulations are intended to permit such financial assistance if certain conditions are met by creating new Stark exceptions and new anti-kickback safe harbors. Both proposals will be reviewed by our speakers.

Speakers:



October 28, 2005

CLE Program


Advanced Health Care Fraud and Compliance Workshop

Sponsors: Health Law Section and Criminal Law Section

Full Program Description

This seminar is intended as an advanced workshop for experienced attorneys seeking to learn about the latest developments in health care fraud and compliance.

The program will include practical advice on how to respond to a grand jury or HHS administrative subpoena, and discussion of related privilege and internal fact gathering issues.


 


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