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Contact
SEAK
SEAK, Inc.
About SEAK |
| Conference | |
| Legal Liability Prevention for Physicians: 2006 | |
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Sea
Crest Oceanfront Resort Falmouth, Massachusetts |
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| August 17-18, 2006 | |
| Executive
Summary
This advanced, fast-paced interactive course provides crucial, concrete and practical information and recommendations which its attendees can immediately use to prevent legal errors and legal liability. It is essential training for all physicians which is unavailable elsewhere. Legal Liability Prevention for Physicians: 2006 consists of six advanced, interactive workshops covering the critical areas of the law threatening the livelihoods of physicians on a daily basis. It is taught by experienced attorneys who specialize in the areas they are presenting on and who will make the complex legal issues involved understandable. Tuition includes a seminar manual not available elsewhere, breakfast and lunch with faculty each day and a dynamic learning experience. |
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Learning Objectives • Better protect yourself• More effectively avoid lawsuits and unnecessary and costly legal errors• Be proactive and reduce risk• List the questions to ask when you are looking to hire a health care attorney• Become more aware of potential liability that may be lurking• Increase your knowledge, confidence and ability in dealing with lawyers and the legal system• Utilize the knowledge obtained to achieve greater success• Get all your questions answeredTodd A. Rodriguez, Esq. is a regulatory and health care attorney with Fox Rothschild, in Exton, PA. He has extensive experience in physician legal representation in all aspects of medical practice including medical practice mergers and acquisitions, contract negotiation and drafting, and consulting on operational and business planning issues affecting physician medical practices and other providers. He regularly advises clients on complex fraud and abuse compliance and regulatory issues, contract negotiations and drafting, Health Insurance Portability and Accountability Act (HIPAA) privacy issues, reimbursement, and corporate and employment issues. An accomplished speaker and prolific writer, Mr. Rodriguez has presented numerous seminars and authored articles on a variety of health care matters. A select list of Mr. Rodriguez ‘s writings and presentations include: co-editor, Jost and Davies, The Law of Medicare and Medicaid Fraud and Abuse (West 2003-04 ed.); co-presenter, "HIPAA Privacy Compliance," American Academy of Physical Medicine and Rehabilitation, Billing and Coding Institute; presenter, "Medicare Billing Hotspots," American Academy of Professional Coders, Philadelphia Chapter Annual Meeting; presenter, "Medicare Regulations Affecting Physician Employment," Pennsylvania Bar Institute, Annual Health Law Institute; author, "Peer Review Protection Revisited: The Challenge of Transparency with Improvement," Health Law Handbook (West 2003); author, "Physicians and the Pharmaceutical Industry: Knowing when to Look a Gift Horse in the Mouth," Health Law Handbook (West 2002); author, "Physician Employment Agreements: New Realities for Old Relationships," Health Law Handbook (West 2001). He can be reached by phone at (610) 458-4978 or by email at trodriguez@foxrothschild.com. Andrew L. Hyams, Esq. is of counsel to Kerstein, Coren, Lichetenstein & Finkel in Wellesley, MA. He specializes in representing health professionals in licensing and disciplinary matters before their respective regulatory boards. He also conducts a general business practice. Mr. Hyams is admitted to practice in Massachusetts and New York. Mr. Hyams was formerly the General Counsel at the Massachusetts Board of Registration in Medicine, where he was the principal drafter of the Patient Care Assessment regulations. He was also a Deputy General Counsel at the Boston Public Health Commission. Mr. Hyams was an Adjunct Lecturer in Law and Public Health at the Harvard School of Public Health from 1992-2005. Mr. Hyams has presented at several Massachusetts Continuing Legal Education and Massachusetts Bar Association health law programs, and he has lectured for the Federal Judicial Center, the Institute for Healthcare Improvement, the Federation of State Medical Boards and the Administrators in Medicine Society. Mr. Hyams has authored peer-reviewed articles on physician and hospital regulation for Annals of Internal Medicine; Journal of Law, Medicine & Ethics; Journal of Health Politics, Policy and Law; and American Journal of Law and Medicine. He also wrote the Licensure and Discipline chapters for two editions of the American College of Legal Medicine’s publication, Legal Medicine: Legal Dynamics of Medical Encounters. Mr. Hyams graduated from Amherst College (magna cum laude) and Harvard Law School. He earned an MPH at Harvard School of Public Health, where he received the annual Samdperil Prize for best research paper in health law. Mr. Hyams resides in Newton with his wife and two sons. He can be reached at 781-997-1633 and by e-mail at ahyams@kclf-law.com. Eugene K. Hollander, Esq. is a principal of The Law Offices of Eugene K. Hollander in Chicago, IL. Mr. Hollander’s practice is concentrated in the representation of management and individuals in all phases of employment and commercial litigation, including contract interpretation, matters before the state, federal and appellate courts, including breaches of employment contracts, employee handbook issues, claims of sexual harassment, sexual discrimination, age discrimination claims, lawsuits brought under the Americans With Disabilities Act, and the Family and Medical Leave Act. Mr. Hollander also is engaged in counseling his clients in pre-discharge matters, as well as those cases pending before the Illinois Human Rights Commission and the EEOC. Mr. Hollander received his undergraduate degree from the University of Illinois in 1983, and his J.D. degree from IIT-Chicago Kent College of Law in 1986. Mr. Hollander frequently writes, lectures, and provides advice on all issues pertaining to employment law. Mr. Hollander is the author of Employment Evidence, © 2003, James Publishing Company (reviewed by the Honorable John M. Facciola in Federal Courts Law Review, 2003 Fed. Cts. L. Rev. 3), and is a contributing author to Illinois Motions in Limine, by Lane and Lee, © 2004, Litigation One Publishing. He has lectured on "Writing the Employee Handbook in Illinois," (April, 2001). He can be reached at (310) 425-9100 or by email at ehollander@ekhlaw.com. Michael F. Schaff, Esq. is a shareholder and head of the Corporate and Health Care Departments of Wilentz, Goldman & Spitzer PA, which maintains offices in New Jersey, New York, and Pennsylvania. Schaff has lectured extensively on health care matters across the country. He is the immediate past chair of the American Health Lawyers Association Physician Organization Practice Group, and a former chair on the New Jersey State Bar Association Health and Hospital Law Section. Schaff, who has published extensively on various health care topics, including physician representation, has a BA, joint JD/MBA (specialization in finance); and an LLM (in taxation). He is listed in Best Lawyers of America and is admitted to practice in New Jersey, New York, and Maryland. Schaff can be contacted by telephone at (732) 855-6047 or by email at mschaff@wilentz.com. Benjamin Goldstein, Esq. is a Certified Civil Trial Attorney and is a shareholder in Maressa, Goldstein, Patterson & Drinkwater, P.C. in Berlin, New Jersey where he is engaged in the practice of general law with an emphasis on trial practice. He is also a Solicitor for Kennedy Health Systems and Subsidiaries, whose corporate headquarters are in Voorhees, New Jersey, and is on the adjunct faculty at Camden County College. Mr. Goldstein is admitted to practice in New Jersey, Illinois, and before the Federal Court of Appeals, 3rd and 7th Circuits, and the United States Supreme Court. He is a member of the American, New Jersey, State, and Camden County Bar Associations, served on the NJSBA Medical Malpractice Subcommittee and the Health & Hospital Law Section, and is a member of the American and New Jersey Trial Lawyers Associations. Mr. Goldstein has participated on an Ad Hoc basis with the New Jersey Supreme Court Death Penalty Proportionality Review Committee and was named on several occasions by the New Jersey Supreme Court Committee on Judicial Performance to evaluate the performance of judges pursuant to N.J.C.R. 1:35A-3a, based on personal court appearances before various judges. He was also an evaluator of attorneys in Camden County for Martindale-Hubbell’s Law Directory, and assessed trial judges of the New Jersey Superior Court for the New Jersey Law Journal. He is listed in Who’s Who in American Law, has been named a New Jersey Superlawyer by his peers and has lectured extensively for professional, educational and community organizations, and has been published in professional publications. Mr. Goldstein received his B.S. in Education for Temple University and his J.D. for John Marshall Law School. He clerked for Chief Judge Boyle, Circuit Court of Cook County, Illinois. He can be reached at (609) 767-1471 or by email at bgoldstein@maressagoldstein.com. Robert D. Gillen, Esq. is an asset protection and estate planning lawyer in Naperville, Illinois. Attorney Gillen received his Juris Doctor from IIT/Chicago Kent College of Law in 1979 with honors and his Bachelor of Science in Business Administration University of Illinois 1976, minor in pre-law and concentration in business, tax and finance. Attorney Gillen is a prolific author and frequent speaker on asset protection and estate planning. He has lectured to many physicians and medical associations including: College of Neurological Surgeons, American Academy of Neurological Surgeons, and the American College of Cardiology. He is the author of Protecting Your Assets for the American Medical Society. He can be contacted by phone at (630) 955-9400 or by email at bob@gillenlaw.com.
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7:00-7:30 Registration and Continental Breakfast 7:30 – 10:00 Avoiding Liability From Medicare, Medicaid and Third Party Payer Audits Medicare, Medicaid and private insurance represent the vast majority of revenues for most medical practices. Not surprisingly, governmental and private third party payers are extremely vigilant in trying to prevent, detect and punish healthcare fraud. In this workshop, the faculty will provide practical advice on how to prevent and effectively manage third party payer audits. Topics discussed include, how to prevent billing errors, defensive record keeping, the potential legal ramifications of billing inquiries, how and when to respond to audits, how and when to produce documents in response to the audit, who should be helping you through the procedure, and how best to respond to an alleged overpayment. Questions and Answers10:00 - 10:15 Break and Networking Opportunity10:15-12:00 Avoiding and Defeating Licensing Complaints The most valuable asset any physician has is his license to practice. In this workshop, the faculty will reveal the hidden pitfalls that often get physicians into trouble with licensing boards and agencies and provide practical advice on how to best deal with such complaints. Included will be a discussion of how physicians most commonly get into trouble and how to avoid these problems, how to respond to a notice of a complaint or disciplinary action, how to deal with investigators, the proper role of counsel, defense strategies and tactics, optimal demeanor during hearings, how to best insure your side of the story is considered, testifying skills during your hearing, and how to best address the collateral consequences that can compound licensing complaints such as, impact on malpractice insurance, reporting to other state boards, violating employment agreements and decertification. Questions and Answers12:00 - 1:00 Lunch With Faculty (Provided)1:00-2:00 Avoiding and Defeating Licensing Complaints (Continued) 2:00-3:00 Avoiding Employment Related Liability: Every physician should understand the potential legal liability that they face as employers. This workshop will focus on avoiding liability for employment related claims resulting from sexual harassment, discrimination, hiring, firing and disciplining employees. Included is a discussion of how to bulletproof yourself when terminating an employee, how best to document deficiencies to cover yourself, how to prevent your employee handbook from being used against you, legal protections that should be drafted into employment agreements, how to negotiate a severance package and the importance of securing a release in return, the utility of written job descriptions and performance standards, the importance of regular performance reviews, conducting investigations, which employees enjoy protected status, how to conduct an exit interview, what you can and can not ask at a job interview, the importance of preemployment screening, how to avoid violating overtime rules and how to prevent and defend claims of sexual harassment. Questions and Answers3:00-3:15 Break and Networking Opportunity 3:15-4:45 Avoiding Employment Related Liability (Continued) |
Friday
, August 18, 20067:00-7:30 Continental Breakfast
7:30-10:00 Avoiding Liability from Practice Structuring:
An in-depth explanation of the legal and business ramifications of how physicians join, buy into, buy out of, leave and structure medical practices. The faculty will focus on how improper structuring can cause decisional gridlock, excess tax liability, avoidable interpersonal strife and even the dissolution of a successful practice. Included is a discussion of how to avoid liability under antikickback and Stark laws, IRS limits on benefits, how to avoid being subject to abandonment liability when leaving a practice, making sure potential liability ends when leaving a practice, the importance of agreeing on specific payout terms up front, optimizing the advantages of deferred compensation tax rules, phasing up separation pay entitlements to junior partners, essential terms in letters of separation, the best governing structures and those to avoid, divisive compensation plans, a legal checklist to follow when planning to retire, tax consequences of business structures, restrictive covenants, how to deal with receivables, goodwill and bad debts in buyins and buyouts, planning for multiple buyouts, the dangers of personal guarantees, and choosing the correct legal entity or entities. Questions and Answers10:00 - 10:15
Break and Networking Opportunity10:15-12:00 Preventing Medical Malpractice Suits and Liability :
A frank, fast paced workshop focusing on why physicians are successfully sued and what physicians can and should do to protect themselves. Included is a discussion of what actions and attitudes are likely to make a patient angry enough to sue, how to recognize and legally avoid problem patients, how to properly create, maintain and amend medical records, training support personnel in risk management, what not to include in the chart, covering yourself when dealing with non-compliant patients, properly discharging patients, when to refer to a specialist, medication problems, avoiding wrong site surgery, dictating in the presence of the patient, communicating with the patient and his family after a bad outcome, when to notify your insurer, what your insurance may not cover you for, the importance of not taking part in discoverable conversations or creating discoverable documents, avoiding abandonment claims, best practices in obtaining informed consent and informed refusal of treatment, how to transfer risk to other entities, and how to deal with suspected child abuse. Questions and Answers12:00 - 1:00
Lunch With Faculty (Provided)1:00-2:00 Preventing Medical Malpractice Suits and Liability (Continued)
2:00-3:00 Asset Protection for Physicians:
All physicians should consider implementing some form of asset protection planning. This intense workshop will explain the challenges of asset protection planning and the strengths and drawbacks of numerous asset protection techniques. Included is a discussion of the difference between community property and separate property jurisdictions, the effect of the new Bankruptcy law on asset protection planning, the law of fraudulent conveyances, when asset protection planning must take place, which assets are exempt from creditors, homesteads, life insurance, annuities, proper titling of dangerous assets, retirement assets, titling property in a spouse’s name, estate and gift tax consequences, tenancy by the entirety, trusts, offshore trusts, and family limited partnerships. Questions and Answers3:00-3:15 Break and Networking Opportunity
3:15-4:45 Asset Protection For Physicians (Continued)
| SEAK in Falmouth -- August 2006 | |||||||
| CME | Registration Form | August 2006 Home | PDF of entire brochure | How to Start Expert Witness Practice | |||
| Medical Malpractice Survival Training | Effective Medical Witness | Legal Liability Prevention | Non-Clinical Careers for Physicians | 2006 IME Summit | |||
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