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Sunday, October 6, 2024
2:00 PM - 7:30 PM
Registration Open
Welcome to the 37th Annual Texas Health Law Conference! We are so glad to have you join us!
6:00 PM - 7:30 PM
Welcome Reception
Join us at 6 PM for light refreshments and a cash bar! Catch up with old friends and make new ones. Sponsored by Greenberg Traurig
2:00 PM - 7:30 PM
Registration Open
Welcome to the 37th Annual Texas Health Law Conference! We are so glad to have you join us!
6:00 PM - 7:30 PM
Welcome Reception
Join us at 6 PM for light refreshments and a cash bar! Catch up with old friends and make new ones. Sponsored by Greenberg Traurig
2:00 PM - 7:30 PM
Registration Open
Welcome to the 37th Annual Texas Health Law Conference! We are so glad to have you join us!
6:00 PM - 7:30 PM
Welcome Reception
Join us at 6 PM for light refreshments and a cash bar! Catch up with old friends and make new ones. Sponsored by Greenberg Traurig
Monday, October 7, 2024
7:00 AM - 8:00 AM
Registration Open and Monday Breakfast
Sponsored by Spencer Fane
8:00 AM - 8:45 AM
Annual Liability Update
Learn about key cases that impacted the healthcare industry and your practice during the past year, including emerging legal issues and theories in health law. Key regulatory changes will be covered, and attendees will be provided with a comprehensive paper for use as a “go to” resource guide throughout the year.
8:45 AM - 9:30 AM
Healthcare Industry Civil Enforcement Update
Federal and state enforcement agencies are intensifying their efforts to investigate and litigate healthcare fraud, payment recoveries, and various enforcement actions across all industry sectors. This session will provide a comprehensive overview of the latest enforcement trends and offer an in-depth analysis of emerging legal theories, exploring their potential impact on the healthcare landscape in 2024 and beyond.
9:30 AM - 10:15 AM
Criminal Healthcare Enforcement Update
This panel will offer perspectives from both the government and the defense bar and will explore recent criminal enforcement trends and discuss what lies ahead for the future. They will also discuss the impact of recent cases and court opinions.
10:15 AM - 10:30 AM
Morning Refreshments
10:30 AM - 11:30 AM
The Hitchhiker's Guide to Practice Acquisition: A Buyer’s and Seller’s Guide
This panel will focus on exploring the difference between “Wallstreet” and “Mainstreet” deals as it relates to physician owned practices. They will also discuss key phases of an M&A deal, including the letter of intent, due diligence and definitive agreements. This session will wrap up with time for Q&A from audience.
11:30 AM - 12:15 PM
Governing AI in Healthcare: The Wild West or A New Way of Doing?
The panelists will deliver a brief summary of the laws and regulations relevant to AI governance and explain some best practices in governing AI in the healthcare setting. Challenges in implementing AI into the healthcare setting on a measured, routine and consistent basis will also be described and discussed.
12:15 PM - 1:15 PM
Networking Luncheon
Thank you to our sponsor of this networking luncheon, J Taylor.
1:15 PM - 2:15 PM
Healthcare Policy and Politics
A government affairs professional and a health care reporter discuss the political landscape and policy issues that could affect the delivery, availability, and accessibility of health care for years to come.
2:15 PM - 3:00 PM
Into the Lion’s Den: Lessons Learned from Actual Healthcare Cybersecurity Events
In an era where digital transformation is revolutionizing the healthcare industry, the protection of patient data and ensuring robust cybersecurity practices have become paramount. This session will discuss the critical intersections of privacy, cybersecurity, and healthcare law. Attendees will gain insights into the latest regulatory frameworks, including HIPAA and GDPR, and their implications for healthcare providers, and legal professionals. The speakers will explore recent case studies and cyber threats within the healthcare sector, examining the legal repercussions and the steps organizations must take to mitigate these risks. This session offers an overview of the legal considerations and practical strategies necessary to protect health information in a digital age.
3:00 PM - 3:15 PM
Afternoon Refreshments
3:15 PM - 4:00 PM
Hot Topics for Healthcare Employers
During this session we will review key employment law developments from 2024 as well as trends we expect to see in 2025. Topics include: •Trends in union activity and organization • Strategies for navigating through the FTC’s proposed ban on noncompetes • DEI initiatives after SFFA v. Harvard • The new understanding of religious accommodation after Groff v. DeJoy
4:00 PM - 5:00 PM
Challenges and Opportunities in Rural Health Care
Panelists will discuss the challenges faced by rural health care facilities and practitioners and the legal and regulatory options for those facilities and practitioners to continue to provide health care to rural communities. Issues discussed will include legal definitions of rural versus perceptions of rural, critical access hospitals and rural emergency hospitals, rural health clinics, and maternal healthcare in Texas. Panelists will also discuss the role of storytelling and media in advocating for health policy changes.
5:15 PM - 6:15 PM
Networking Reception
Join us for our Networking Reception graciously sponsored by Spencer Fane. We will have a Harpist again this year to set the tone for this early afternoon reception. Stop by before you head out to dinner to enjoy light appetizers and have a complimentary beer or glass of wine.
7:00 AM - 8:00 AM
Registration Open and Monday Breakfast
Sponsored by Spencer Fane
8:00 AM - 8:45 AM
Annual Liability Update
Learn about key cases that impacted the healthcare industry and your practice during the past year, including emerging legal issues and theories in health law. Key regulatory changes will be covered, and attendees will be provided with a comprehensive paper for use as a “go to” resource guide throughout the year.
8:45 AM - 9:30 AM
Healthcare Industry Civil Enforcement Update
Federal and state enforcement agencies are intensifying their efforts to investigate and litigate healthcare fraud, payment recoveries, and various enforcement actions across all industry sectors. This session will provide a comprehensive overview of the latest enforcement trends and offer an in-depth analysis of emerging legal theories, exploring their potential impact on the healthcare landscape in 2024 and beyond.
9:30 AM - 10:15 AM
Criminal Healthcare Enforcement Update
This panel will offer perspectives from both the government and the defense bar and will explore recent criminal enforcement trends and discuss what lies ahead for the future. They will also discuss the impact of recent cases and court opinions.
10:15 AM - 10:30 AM
Morning Refreshments
10:30 AM - 11:30 AM
The Hitchhiker's Guide to Practice Acquisition: A Buyer’s and Seller’s Guide
This panel will focus on exploring the difference between “Wallstreet” and “Mainstreet” deals as it relates to physician owned practices. They will also discuss key phases of an M&A deal, including the letter of intent, due diligence and definitive agreements. This session will wrap up with time for Q&A from audience.
11:30 AM - 12:15 PM
Governing AI in Healthcare: The Wild West or A New Way of Doing?
The panelists will deliver a brief summary of the laws and regulations relevant to AI governance and explain some best practices in governing AI in the healthcare setting. Challenges in implementing AI into the healthcare setting on a measured, routine and consistent basis will also be described and discussed.
12:15 PM - 1:15 PM
Networking Luncheon
Thank you to our sponsor of this networking luncheon, J Taylor.
1:15 PM - 2:15 PM
Healthcare Policy and Politics
A government affairs professional and a health care reporter discuss the political landscape and policy issues that could affect the delivery, availability, and accessibility of health care for years to come.
2:15 PM - 3:00 PM
Into the Lion’s Den: Lessons Learned from Actual Healthcare Cybersecurity Events
In an era where digital transformation is revolutionizing the healthcare industry, the protection of patient data and ensuring robust cybersecurity practices have become paramount. This session will discuss the critical intersections of privacy, cybersecurity, and healthcare law. Attendees will gain insights into the latest regulatory frameworks, including HIPAA and GDPR, and their implications for healthcare providers, and legal professionals. The speakers will explore recent case studies and cyber threats within the healthcare sector, examining the legal repercussions and the steps organizations must take to mitigate these risks. This session offers an overview of the legal considerations and practical strategies necessary to protect health information in a digital age.
3:00 PM - 3:15 PM
Afternoon Refreshments
3:15 PM - 4:00 PM
Hot Topics for Healthcare Employers
During this session we will review key employment law developments from 2024 as well as trends we expect to see in 2025. Topics include: •Trends in union activity and organization • Strategies for navigating through the FTC’s proposed ban on noncompetes • DEI initiatives after SFFA v. Harvard • The new understanding of religious accommodation after Groff v. DeJoy
4:00 PM - 5:00 PM
Challenges and Opportunities in Rural Health Care
Panelists will discuss the challenges faced by rural health care facilities and practitioners and the legal and regulatory options for those facilities and practitioners to continue to provide health care to rural communities. Issues discussed will include legal definitions of rural versus perceptions of rural, critical access hospitals and rural emergency hospitals, rural health clinics, and maternal healthcare in Texas. Panelists will also discuss the role of storytelling and media in advocating for health policy changes.
5:15 PM - 6:15 PM
Networking Reception
Join us for our Networking Reception graciously sponsored by Spencer Fane. We will have a Harpist again this year to set the tone for this early afternoon reception. Stop by before you head out to dinner to enjoy light appetizers and have a complimentary beer or glass of wine.
7:00 AM - 8:00 AM
Registration Open and Monday Breakfast
Sponsored by Spencer Fane
8:00 AM - 8:45 AM
Annual Liability Update
Learn about key cases that impacted the healthcare industry and your practice during the past year, including emerging legal issues and theories in health law. Key regulatory changes will be covered, and attendees will be provided with a comprehensive paper for use as a “go to” resource guide throughout the year.
8:45 AM - 9:30 AM
Healthcare Industry Civil Enforcement Update
Federal and state enforcement agencies are intensifying their efforts to investigate and litigate healthcare fraud, payment recoveries, and various enforcement actions across all industry sectors. This session will provide a comprehensive overview of the latest enforcement trends and offer an in-depth analysis of emerging legal theories, exploring their potential impact on the healthcare landscape in 2024 and beyond.
9:30 AM - 10:15 AM
Criminal Healthcare Enforcement Update
This panel will offer perspectives from both the government and the defense bar and will explore recent criminal enforcement trends and discuss what lies ahead for the future. They will also discuss the impact of recent cases and court opinions.
10:15 AM - 10:30 AM
Morning Refreshments
10:30 AM - 11:30 AM
The Hitchhiker's Guide to Practice Acquisition: A Buyer’s and Seller’s Guide
This panel will focus on exploring the difference between “Wallstreet” and “Mainstreet” deals as it relates to physician owned practices. They will also discuss key phases of an M&A deal, including the letter of intent, due diligence and definitive agreements. This session will wrap up with time for Q&A from audience.
11:30 AM - 12:15 PM
Governing AI in Healthcare: The Wild West or A New Way of Doing?
The panelists will deliver a brief summary of the laws and regulations relevant to AI governance and explain some best practices in governing AI in the healthcare setting. Challenges in implementing AI into the healthcare setting on a measured, routine and consistent basis will also be described and discussed.
12:15 PM - 1:15 PM
Networking Luncheon
Thank you to our sponsor of this networking luncheon, J Taylor.
1:15 PM - 2:15 PM
Healthcare Policy and Politics
A government affairs professional and a health care reporter discuss the political landscape and policy issues that could affect the delivery, availability, and accessibility of health care for years to come.
2:15 PM - 3:00 PM
Into the Lion’s Den: Lessons Learned from Actual Healthcare Cybersecurity Events
In an era where digital transformation is revolutionizing the healthcare industry, the protection of patient data and ensuring robust cybersecurity practices have become paramount. This session will discuss the critical intersections of privacy, cybersecurity, and healthcare law. Attendees will gain insights into the latest regulatory frameworks, including HIPAA and GDPR, and their implications for healthcare providers, and legal professionals. The speakers will explore recent case studies and cyber threats within the healthcare sector, examining the legal repercussions and the steps organizations must take to mitigate these risks. This session offers an overview of the legal considerations and practical strategies necessary to protect health information in a digital age.
3:00 PM - 3:15 PM
Afternoon Refreshments
3:15 PM - 4:00 PM
Hot Topics for Healthcare Employers
During this session we will review key employment law developments from 2024 as well as trends we expect to see in 2025. Topics include: •Trends in union activity and organization • Strategies for navigating through the FTC’s proposed ban on noncompetes • DEI initiatives after SFFA v. Harvard • The new understanding of religious accommodation after Groff v. DeJoy
4:00 PM - 5:00 PM
Challenges and Opportunities in Rural Health Care
Panelists will discuss the challenges faced by rural health care facilities and practitioners and the legal and regulatory options for those facilities and practitioners to continue to provide health care to rural communities. Issues discussed will include legal definitions of rural versus perceptions of rural, critical access hospitals and rural emergency hospitals, rural health clinics, and maternal healthcare in Texas. Panelists will also discuss the role of storytelling and media in advocating for health policy changes.
5:15 PM - 6:15 PM
Networking Reception
Join us for our Networking Reception graciously sponsored by Spencer Fane. We will have a Harpist again this year to set the tone for this early afternoon reception. Stop by before you head out to dinner to enjoy light appetizers and have a complimentary beer or glass of wine.
Tuesday, October 8, 2024
7:30 AM - 8:00 AM
Breakfast
Sponsored by Greenberg Traurig
8:00 AM - 9:00 AM
The FTC Did What? The Future of Noncompetes for Physicians
On April 23, 2024, the Federal Trade Commission voted to issue a final rule that essentially banned noncompetes in employment agreements. On July 3rd, a Texas federal district court temporarily stayed this rule. Whether you are the healthcare system or the physician, hear and learn from our panelists about the current legal landscape with respect to the FTC rule and the legal challenges the agency faces as well as what you can do to stay ahead of this ever changing legal landscape.
9:00 AM - 10:00 AM
Doing the Right Thing: How to Use AI to Practice Law and Medicine within Ethical Boundaries
In addition to the many legal issues associated with the development or use of AI by our clients, both the legal and medical professions have ethical standards associated with professional licensure. These ethical standards are key to the responsible and accountable use of AI by legal and medical professionals in the delivery of their services to their patients and clients. Lawyers are presented with many opportunities to use AI, including in contract review or analysis, in research, and in creating summaries. Medical professionals may have the opportunity to use AI in areas like imaging, personalizing treatment protocols and in clinical documentation. This presentation will review the ethical rules for both professions and describe how they apply to using AI in the day-to-day practice of law and medicine.
10:00 AM - 10:15 AM
Tuesday Morning Refreshments
10:15 AM - 10:20 AM
Section Business Meeting
10:15 AM - 11:15 PM
Private Equity in Healthcare
Private equity's growing involvement in healthcare presents both opportunities and legal challenges. Key federal issues include compliance with the Anti-Kickback Statute, Stark Law, and False Claims Act, while state-level concerns primarily revolve around the Corporate Practice of Medicine (CPOM) doctrine and increasing scrutiny over healthcare transactions. The CPOM doctrine, which varies by state, generally prohibits corporate ownership of medical practices and presents significant hurdles for private equity investors. Successful navigation of this complex legal landscape requires careful structuring of investments, maintaining physician autonomy, and proper separation of clinical and administrative functions. This session will be composed of a diverse panel of experts, including proponents for increased regulation of PE firms in healthcare as well as attorneys who represent PE firms.
11:15 AM - 12:15 PM
Private Equity/Antitrust in Healthcare
Antitrust scrutiny in healthcare private equity is intensifying, with the FTC and DOJ using their oversight and enforcement authority in response to increasing market concentration. Recent enforcement actions have targeted both horizontal and vertical integration strategies, with particular focus on roll-up acquisitions and their competitive implications. In this session we will hear from DOJ attorneys within the criminal and civil antitrust enforcement divisions as well as a former FTC attorney who is now in private practice defending PE firms from such enforcement actions.
12:15 PM - 1:00 PM
The Role of Health Care Attorneys in Coordinating with State and Federal Health Care Agencies during Bankruptcy
This panel discussion highlights the critical role of specialized health care bankruptcy attorneys in navigating state and federal health care regulations during the restructuring process, including licensing, reimbursement, change of ownership, and certification issues. Key points of the discussion will include: 1) the role of attorneys in handling state-specific licensing and federal health care programs like Medicare and Medicaid; 2) the importance of maintaining proactive communication and collaboration with agencies like CMS (Centers for Medicare & Medicaid Services) and several Texas agencies; and 3) strategies for health care bankruptcy attorneys to facilitate smooth bankruptcy proceedings.
1:00 PM - 1:45 PM
Legal and Practical Considerations for Agency Disputes in a Post-Chevron World
This session will provide an overview of the legal landscape concerning challenges to agency actions, with a focus on the implications of the
Loper Bright Enterprises
case and other significant rulings. It will feature examples of common agency challenges, explore potential legal developments, and offer practical tips for identifying and preserving agency challenges within the administrative process.
7:30 AM - 8:00 AM
Breakfast
Sponsored by Greenberg Traurig
8:00 AM - 9:00 AM
The FTC Did What? The Future of Noncompetes for Physicians
On April 23, 2024, the Federal Trade Commission voted to issue a final rule that essentially banned noncompetes in employment agreements. On July 3rd, a Texas federal district court temporarily stayed this rule. Whether you are the healthcare system or the physician, hear and learn from our panelists about the current legal landscape with respect to the FTC rule and the legal challenges the agency faces as well as what you can do to stay ahead of this ever changing legal landscape.
9:00 AM - 10:00 AM
Doing the Right Thing: How to Use AI to Practice Law and Medicine within Ethical Boundaries
In addition to the many legal issues associated with the development or use of AI by our clients, both the legal and medical professions have ethical standards associated with professional licensure. These ethical standards are key to the responsible and accountable use of AI by legal and medical professionals in the delivery of their services to their patients and clients. Lawyers are presented with many opportunities to use AI, including in contract review or analysis, in research, and in creating summaries. Medical professionals may have the opportunity to use AI in areas like imaging, personalizing treatment protocols and in clinical documentation. This presentation will review the ethical rules for both professions and describe how they apply to using AI in the day-to-day practice of law and medicine.
10:00 AM - 10:15 AM
Tuesday Morning Refreshments
10:15 AM - 10:20 AM
Section Business Meeting
10:15 AM - 11:15 PM
Private Equity in Healthcare
Private equity's growing involvement in healthcare presents both opportunities and legal challenges. Key federal issues include compliance with the Anti-Kickback Statute, Stark Law, and False Claims Act, while state-level concerns primarily revolve around the Corporate Practice of Medicine (CPOM) doctrine and increasing scrutiny over healthcare transactions. The CPOM doctrine, which varies by state, generally prohibits corporate ownership of medical practices and presents significant hurdles for private equity investors. Successful navigation of this complex legal landscape requires careful structuring of investments, maintaining physician autonomy, and proper separation of clinical and administrative functions. This session will be composed of a diverse panel of experts, including proponents for increased regulation of PE firms in healthcare as well as attorneys who represent PE firms.
11:15 AM - 12:15 PM
Private Equity/Antitrust in Healthcare
Antitrust scrutiny in healthcare private equity is intensifying, with the FTC and DOJ using their oversight and enforcement authority in response to increasing market concentration. Recent enforcement actions have targeted both horizontal and vertical integration strategies, with particular focus on roll-up acquisitions and their competitive implications. In this session we will hear from DOJ attorneys within the criminal and civil antitrust enforcement divisions as well as a former FTC attorney who is now in private practice defending PE firms from such enforcement actions.
12:15 PM - 1:00 PM
The Role of Health Care Attorneys in Coordinating with State and Federal Health Care Agencies during Bankruptcy
This panel discussion highlights the critical role of specialized health care bankruptcy attorneys in navigating state and federal health care regulations during the restructuring process, including licensing, reimbursement, change of ownership, and certification issues. Key points of the discussion will include: 1) the role of attorneys in handling state-specific licensing and federal health care programs like Medicare and Medicaid; 2) the importance of maintaining proactive communication and collaboration with agencies like CMS (Centers for Medicare & Medicaid Services) and several Texas agencies; and 3) strategies for health care bankruptcy attorneys to facilitate smooth bankruptcy proceedings.
1:00 PM - 1:45 PM
Legal and Practical Considerations for Agency Disputes in a Post-Chevron World
This session will provide an overview of the legal landscape concerning challenges to agency actions, with a focus on the implications of the
Loper Bright Enterprises
case and other significant rulings. It will feature examples of common agency challenges, explore potential legal developments, and offer practical tips for identifying and preserving agency challenges within the administrative process.
7:30 AM - 8:00 AM
Breakfast
Sponsored by Greenberg Traurig
8:00 AM - 9:00 AM
The FTC Did What? The Future of Noncompetes for Physicians
On April 23, 2024, the Federal Trade Commission voted to issue a final rule that essentially banned noncompetes in employment agreements. On July 3rd, a Texas federal district court temporarily stayed this rule. Whether you are the healthcare system or the physician, hear and learn from our panelists about the current legal landscape with respect to the FTC rule and the legal challenges the agency faces as well as what you can do to stay ahead of this ever changing legal landscape.
9:00 AM - 10:00 AM
Doing the Right Thing: How to Use AI to Practice Law and Medicine within Ethical Boundaries
In addition to the many legal issues associated with the development or use of AI by our clients, both the legal and medical professions have ethical standards associated with professional licensure. These ethical standards are key to the responsible and accountable use of AI by legal and medical professionals in the delivery of their services to their patients and clients. Lawyers are presented with many opportunities to use AI, including in contract review or analysis, in research, and in creating summaries. Medical professionals may have the opportunity to use AI in areas like imaging, personalizing treatment protocols and in clinical documentation. This presentation will review the ethical rules for both professions and describe how they apply to using AI in the day-to-day practice of law and medicine.
10:00 AM - 10:15 AM
Tuesday Morning Refreshments
10:15 AM - 10:20 AM
Section Business Meeting
10:15 AM - 11:15 PM
Private Equity in Healthcare
Private equity's growing involvement in healthcare presents both opportunities and legal challenges. Key federal issues include compliance with the Anti-Kickback Statute, Stark Law, and False Claims Act, while state-level concerns primarily revolve around the Corporate Practice of Medicine (CPOM) doctrine and increasing scrutiny over healthcare transactions. The CPOM doctrine, which varies by state, generally prohibits corporate ownership of medical practices and presents significant hurdles for private equity investors. Successful navigation of this complex legal landscape requires careful structuring of investments, maintaining physician autonomy, and proper separation of clinical and administrative functions. This session will be composed of a diverse panel of experts, including proponents for increased regulation of PE firms in healthcare as well as attorneys who represent PE firms.
11:15 AM - 12:15 PM
Private Equity/Antitrust in Healthcare
Antitrust scrutiny in healthcare private equity is intensifying, with the FTC and DOJ using their oversight and enforcement authority in response to increasing market concentration. Recent enforcement actions have targeted both horizontal and vertical integration strategies, with particular focus on roll-up acquisitions and their competitive implications. In this session we will hear from DOJ attorneys within the criminal and civil antitrust enforcement divisions as well as a former FTC attorney who is now in private practice defending PE firms from such enforcement actions.
12:15 PM - 1:00 PM
The Role of Health Care Attorneys in Coordinating with State and Federal Health Care Agencies during Bankruptcy
This panel discussion highlights the critical role of specialized health care bankruptcy attorneys in navigating state and federal health care regulations during the restructuring process, including licensing, reimbursement, change of ownership, and certification issues. Key points of the discussion will include: 1) the role of attorneys in handling state-specific licensing and federal health care programs like Medicare and Medicaid; 2) the importance of maintaining proactive communication and collaboration with agencies like CMS (Centers for Medicare & Medicaid Services) and several Texas agencies; and 3) strategies for health care bankruptcy attorneys to facilitate smooth bankruptcy proceedings.
1:00 PM - 1:45 PM
Legal and Practical Considerations for Agency Disputes in a Post-Chevron World
This session will provide an overview of the legal landscape concerning challenges to agency actions, with a focus on the implications of the
Loper Bright Enterprises
case and other significant rulings. It will feature examples of common agency challenges, explore potential legal developments, and offer practical tips for identifying and preserving agency challenges within the administrative process.
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