Mediating Health Care Controversies April 9-11, 2018 | Executive Conference Center | Arlington, VA

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Mediating Health Care Controversies

Program Planning CommitteeMelinda G. JaysonAllen J. KrouseBruce I. PetrieMyra C. SelbyDonald B. Zaycosky

Conference LocationExecutive Conference Center 2345 Crystal Drive, Suite 200 Arlington, VA 22202

Registration Fees: • AHLA Member: $985

• AHLA Non-Member: $1235

Registration is limited to 30 participants

Registration is based on a first-come, first serve basis.

Cancellations/ SubstitutionsCancellations must be received in writing by March 9, 2018. Refunds will not be issued for cancel-lations received after this date. Registration fees, less a $125 administrative fee, will be refunded approximately 3-4 weeks following the program. If you wish to send a substitute or need more infor-mation regarding refund, complaint and program cancellation policies, please call (202) 833-1100, prompt #5. Please note that registration fees are based on the AHLA membership status of the individual who actually attends the program.

Continuing Education Credit InformationCLE/MCLE: AHLA will be applying for 18.25 credits (including 1.0 ethics credit) for 60-minute states and approximately 21.9 credits (including 1.2 ethics credit) for 50-minute states.

CPE: AHLA will be applying for 21.0 CPE credits.

AHLA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Ave. North, Suite 700, Nashville, TN 37219-2417. NASBA’s website is www.nasba.org.

Participants will be given Continuing Education Request forms at the program. Forms must be completed and returned to AHLA staff to receive credit. The sessions, unless otherwise designated, are intermediate to advance in level. This program is designed to be an update on developments in the area of health care mediation. There are no prerequisites or advanced preparations required to register for this group live program. Those seeking accounting credits should be familiar with the basic concepts and terminology associated with health law in order to obtain the full educational benefit of this program.

Hotel OptionsHilton Crystal City at Reagan National Airport 2399 Jefferson Davis Highway Arlington, VA 22202 (703) 418-6800

Hyatt Regency Crystal City 2799 Jefferson Davis Hwy Arlington, VA 22202 (703) 418-1234

Crystal City Marriott at Reagan National Airport 1999 Jefferson Davis Highway Arlington, VA 22202 (703) 413-5500

Crystal Gateway Marriott 1700 Jefferson Davis Highway Arlington, VA 22202 703-920-3230

Hilton Garden Inn 2020 Jefferson Davis Highway Arlington, VA, 22202 (703) 892-1050

Westin Crystal City 1800 Jefferson Davis Hwy Arlington, VA 22202-3506 (703) 454-8101

Courtyard Arlington Crystal City/Reagan National Airport 2899 Jefferson Davis Highway Arlington, VA 22202 (703) 549-3434

For the most up-to-date information and to register, visit our website at www.healthlawyers.org/programs

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Agenda Monday, April 9, 20189:00 am-4:30 pmRegistration and Information

10:00-10:15 amWelcome, Introductions, and Overview

Gordon J. Apple Geoff Drucker

10:15 am-12:00 noonTechniques for Promoting Settlements

Geoff Drucker Frank Reardon

• Using caucuses to gather and transmit information

• Creating value

• Generating offers and counter-offers

• Evaluating options

12:00 noon-12:45 pmLunch (provided)

12:45-1:45 pmStyles and Approaches

Geoff Drucker

• Facilitative, evaluative, and transformative schools of thought

• Methods of overcoming impasse

• Legal and ethical limits of evaluation

1:45-2:45 pmPreparation and Logistics

Frank Reardon

• Why preparation is critical

• Issues to address in pre-hearing call with parties

• Importance of setting and set-up

• Potential benefits of pre-hearing briefs

2:45-3:00 pmBreak

3:00-3:30 pmRemaining Neutral and Impartial

Gordon J. Apple Katherine Benesch

• Inherent tensions

• Examples of situations in which tensions arise

• How to extract yourself from a difficult situation

3:30-4:30 pmLegal Ethics Issues for Health Care Mediators

Geoff Drucker

This session focuses on the ethics issues that attorneys face when stepping into the role of the neutral/mediator, and addresses ethical duties to both the parties to the mediation and to the legal profession. It provides an overview of the Model Standards of Conduct (adopted by the AHLA) and discusses how the Model Standards can affect and help to build the mediation process effectively. Issues addressed in the session also include:

• The importance of impartiality, confidentiality, and honesty in the mediation process

• Certain state law ethical obligations beyond the Model Standards

• How HIPAA regulations may have an impact on certain disclosures during the mediation process

• Tips for dealing with pro se or poorly represent-ed consumers and/or health care employees

Tuesday, April 10, 20188:00 am-4:45 pmRegistration and Information

8:00-8:30 amBreakfast

8:30-9:00 amMediating Health Care Business Disputes

Gordon Apple

• Need for multi-layered expertise on intersecting areas of health law

• Need for understanding health care billing documentation issues and processes

• Need for understanding the evolving health care business environment

9:00-10:30 amSimulation of a Health Care Business Mediation

Participants will be organized into groups of five and assigned the following roles:

• Plaintiff

• Plaintiff’s counsel

• Defendant

• Defendant’s counsel

• Mediator

They will be provided a fact pattern which includes both general information (available to all role players) and confidential information (available only to one side). The attorney-client pairs will spend the first half-hour analyzing the general and confidential information and preparing their medi-ation strategy. The mediation will read the general information and work with the coach to prepare.

Each group of five participants will attempt to resolve the case through mediation. One trainer will be assigned to each group and will provide coaching during and after the role play. The final 15 minutes of the role play will be reserved for debriefing.

Since mediation is a skill, role playing is the stan-dard means of training. Participants must practice with the assistance and support of an experienced coach in order to become proficient.

10:30-10:45 amBreak

MembershipDues are $235 for those admitted to the Bar/graduated from college within the last four years; $355 for those admitted/grad-uated between four and seven years ago; and $400 for those admitted/graduated eight or more years ago. Dues are $120 for government employees and full-time aca-demicians; $105 for paralegals, $125 for public interest professionals, and $100 for retired professionals. Include the applicable membership fee with your registration form and take advantage of the program registra-tion fee for members.

Special NeedsIf you have needs requiring special assis-tance or accommodations, including special dietary needs, or have questions about accessibility issues at the program, contact our special needs coordinator, Valerie Eshleman at (202) 833-0784 or veshleman@healthlawyers.org.

TravelATC Travel Management (ATC) has negoti-ated discounts with Delta, Hertz, and Alamo to bring you special airfares and car rental rates lower than those available to the public. Discounts apply for travel for AHLA 2018 meetings, discounts available 3 days pre/post meeting start/end dates. Restric-tions and a service fee may apply. ATC will also search for the lowest available fare on any airline.

ATC TRAVEL MANAGEMENT 1-800-458-9383 email: reservations@atcmeetings.com

ATC is available for reservations from 8:30 am until 8:00 pm Eastern, Monday through Friday.

10:45-11:15 amDebrief of Health Care Business Mediation

Participants will report the outcome of the simu-lation and identify what they learned from the ex-perience. The trainers will share their observations and suggestions for improvement. The leader will ensure that the discussion focuses on what makes this type of mediation unique and how mediators can adjust their techniques to the challenges of this type of case.

11:15-11:45 amMediating Medical Malpractice Disputes

Katherine Benesch Frank Reardon

• Challenges associated with bringing the patient and physician to the table

• Role of insurer

• Timing relative to discovery and motions

• Relationship between emotional and financial issues

11:45 am-12:15 pmLunch (provided)

12:15-1:45 pmSimulation of a Medical Malpractice Mediation

Participants will be organized into groups of five and assigned the following roles:

• Plaintiff

• Plaintiff’s counsel

• Defendant

• Defendant’s counsel

• Mediator

They will be provided a fact pattern which includes both general information (available to all role players) and confidential information (available only to one side). The attorney-client pairs will spend the first half-hour analyzing the general and confidential information and preparing their medi-ation strategy. The mediation will read the general information and work with the coach to prepare.

Each group of five participants will attempt to resolve the case through mediation. One trainer will be assigned to each group and will provide coaching during and after the role play. The final 15 minutes of the role play will be reserved for debriefing.

Since mediation is a skill, role playing is the stan-dard means of training. Participants must practice with the assistance and support of an experienced coach in order to become proficient.

1:45-2:15 pmDebrief of Medical Malpractice Mediation

Participants will report the outcome of the simu-lation and identify what they learned from the ex-perience. The trainers will share their observations and suggestions for improvement. The leader will ensure that the discussion focuses on what makes this type of mediation unique and how mediators can adjust their techniques to the challenges of this type of case.

2:15-2:45 pmMediating Peer Review Matters

Frank Reardon

• Windows of opportunity for mediation in the peer review process

• Roles and responsibilities in the mediation

• Whether the hearing officer may serve as the mediator

• Payment and other logistical issues

2:45-4:15 pmSimulation of a Peer Review Mediation

Participants will be organized into groups of five and assigned the following roles:

• Plaintiff

• Plaintiff’s counsel

• Defendant

• Defendant’s counsel

• Mediator

They will be provided a fact pattern which includes both general information (available to all role players) and confidential information (available only to one side). The attorney-client pairs will spend the first half-hour analyzing the general and confidential information and preparing their medi-ation strategy. The mediation will read the general information and work with the coach to prepare.

Each group of five participants will attempt to resolve the case through mediation. One trainer will be assigned to each group and will provide coaching during and after the role play. The final 15 minutes of the role play will be reserved for debriefing.

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Since mediation is a skill, role playing is the stan-dard means of training. Participants must practice with the assistance and support of an experienced coach in order to become proficient.

4:15-4:45 pmDebrief of Peer Review Mediation

Participants will report the outcome of the simu-lation and identify what they learned from the ex-perience. The trainers will share their observations and suggestions for improvement. The leader will ensure that the discussion focuses on what makes this type of mediation unique and how mediators can adjust their techniques to the challenges of this type of case.

Wednesday, April 11, 20188:00 am-3:30 pmRegistration and Information

8:00-8:30 amBreakfast

8:30-9:00 amMediating Disputes between Physicians and Hospitals

Gordon J. Apple

• Sorting through the complexities of medical staff bylaws and physician rights in an evolving integrated delivery system environment

• Recognizing and maintaining the diverse profes-sional, business, and community relationships at play when community hospitals become part of a larger system

9:00-10:30 amSimulation of Physician-Hospital Mediation

Participants will be organized into groups of five and assigned the following roles:

• Plaintiff

• Plaintiff’s counsel

• Defendant

• Defendant’s counsel

• Mediator

They will be provided a fact pattern which includes both general information (available to all role players) and confidential information (available only to one side). The attorney-client pairs will spend the first half-hour analyzing the general and confidential information and preparing their medi-ation strategy. The mediation will read the general information and work with the coach to prepare.

Each group of five participants will attempt to resolve the case through mediation. One trainer will be assigned to each group and will provide coaching during and after the role play. The final 15 minutes of the role play will be reserved for debriefing.

Since mediation is a skill, role playing is the stan-dard means of training. Participants must practice with the assistance and support of an experienced coach in order to become proficient.

10:30-10:45 amBreak

10:45-11:15 amDebrief of Physician-Hospital Mediation

Participants will report the outcome of the simu-lation and identify what they learned from the ex-perience. The trainers will share their observations and suggestions for improvement. The leader will ensure that the discussion focuses on what makes this type of mediation unique and how mediators can adjust their techniques to the challenges of this type of case.

11:15-11:45 amMediating Health Care False Claims Act Disputes

Stephen Altman Katherine Benesch

• Importance of court involvement

• Ability of government to negotiate

• Role of Qui Tam relator

• Possible forms of settlement

11:45 am-12:30 pmLunch (provided)

12:30-2:30 pmSimulation of Health Care False Claims Act Mediation

Participants will be organized into groups of five and assigned the following roles:

• Plaintiff

• Plaintiff’s counsel

• Defendant

• Defendant’s counsel

• Mediator

They will be provided a fact pattern which includes both general information (available to all role players) and confidential information (available only to one side). The attorney-client pairs will spend the first half-hour analyzing the general and confidential information and preparing their medi-ation strategy. The mediation will read the general information and work with the coach to prepare.

Each group of five participants will attempt to resolve the case through mediation. One trainer will be assigned to each group and will provide coaching during and after the role play. The final 15 minutes of the role play will be reserved for debriefing.

Since mediation is a skill, role playing is the standard means of training. Participants must practice with the assistance and support of an experienced coach in order to become proficient.

2:30-2:45 pmBreak

2:45-3:15 pmDebrief of Health Care False Claims Act Mediation

Participants will report the outcome of the simu-lation and identify what they learned from the ex-perience. The trainers will share their observations and suggestions for improvement. The leader will ensure that the discussion focuses on what makes this type of mediation unique and how mediators can adjust their techniques to the challenges of this type of case.

3:15-3:30 pmConcluding Remarks and Course Evaluation

Geoff Drucker

Adjournment

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Program Schedule Monday, April 9, 2018

9:30 am-4:30 pm

Registration and Information

10:00-10:15 am

Welcome, Introductions, and OverviewApple, Drucker

10:15 am-12:00 noon

Techniques for Promoting SettlementsDrucker, Reardon

12:00 noon-12:45 pm

Lunch (provided)

12:45-1:45 pm

Styles and ApproachesDrucker

1:45-2:45 pm

Preparation and LogisticsReardon

2:45-3:00 pm

Break

3:00-3:30 pm

Remaining Neutral and ImpartialApple, Benesch

3:30-4:30 pm

Legal Ethics Issues for Health Care MediatorsDrucker

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Tuesday, April 10, 20188:00 am-4:45 pm

Registration and Information

8:00-8:30 am

Continental Breakfast(This event is included in the program registration; attendees and speakers are welcome)

8:30-9:00 am

Mediating Health Care Business DisputesApple, Drucker

9:00-10:30 am

Simulation of a Health Care Business Mediation

10:30-10:45 am

Break

10:45-11:15 am

Debrief of Health Care Business Mediation

11:15-11:45 am

Mediating Medical Malpractice DisputesBenesch, Reardon

11:45 am-12:15 pm

Lunch (provided)

12:15-1:45 pm

Simulation of a Medical Malpractice Mediation

1:45-2:15 pm

Debrief of Medical Malpractice Mediation

2:15-2:45 pm

Mediating Peer Review MattersReardon

2:45-4:15 pm

Simulation of a Peer Review Mediation

4:15-4:45 pm

Debrief of Peer Review Mediation

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Wednesday, April 11, 20188:00 am-3:30 pm

Registration and Information

8:00-8:30 am

Continental Breakfast(This event is included in the program registration; attendees and speakers are welcome)

8:30-9:00 am

Mediating Disputes between Physicians and HospitalsApple

9:00-10:30 am

Simulation of Physician-Hospital Mediation

10:30-10:45 am

Break

10:45-11:15 am

Debrief of Physician-Hospital Mediation

11:15-11:45 am

Mediating Health Care False Claims Act DisputesBenesch, Altman

11:45 am-12:30 pm

Lunch (provided)

12:30-2:30 pm

Simulation of Health Care False Claims Act Mediation

2:30-2:45 pm

Break

2:45-3:15 pm

Debrief of Health Care False Claims Act Mediation

3:15-3:30 pm

Concluding Remarks and Course EvaluationDrucker

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Faculty Stephen Altman Altman Dispute Resolution Services Washington, DC

Gordon J. Apple Law Offices of Gordon J Apple PC Saint Paul, MN

Katherine Benesch Benesch & Associates LLC Princeton, NJ

Geoff Drucker Director of Dispute Resolution Service American Health Lawyers Association Washington, DC

Frank E. Reardon Reardon Law Needham, MA

American Health Lawyers Association1620 Eye Street, NW, 6th Floor • Washington, DC 20006-4010(202) 833-1100 • Fax (202)833-1105 • www.healthlawyers.org