It's that time of year again – CLE compliance season! With the continuing impact of COVID-19, we know many of our clients and friends have found it challenging to meet their annual CLE requirements. Bradley is pleased to offer you a complimentary, online CLE program addressing key topics with thought-leading speakers from inside and outside of Bradley.
Welcome & Introductions
Back to “Normal?” the Current and Long-Term Impacts of Covid-19 on Employers
As businesses across the country have navigated COVID-19 and are attempting to emerge on the other side, employers face a new “normal” of hiring, retention, and workplace location decisions amidst ever-changing federal, state, and local laws. These factors have undoubtedly changed the face of employment and how employers react. Matt Miller, Stephanie Gaston and Hannah Haynes will discuss current legal issues and strategies flowing from these changes. Topics will include updates on federal and state vaccine mandates, including the OSHA mandate and conflicting state legislation, employee hiring and retention strategies, and onsite vs. remote work decisions with the overlay of leave and disability laws.
2021 Privilege Year in Review
In-house and outside corporate counsel face privilege and ethical confidentiality challenges on a daily basis. Join us as the presenters examine the privilege year in review, illustrating how corporate counsel established – or failed to establish – privilege in recent litigation. Attendees will leave the session with a better understanding of what to do and, more importantly, what not to do to establish and protect privileged communications.
Afternoon Welcome & Introductions
Value-Based Pharmacy Care: Legal Considerations for Driving Quality and Cost-Efficiency through Pharmaceutical and Pharmacy Interventions and Management
Since the enactment of the Affordable Care Act in 2010, Medicare and other government health programs, as well as commercial health insurers, have focused on transitioning from fee-for-service-based reimbursement models to value-based reimbursement models that reward patient quality of care outcomes and cost-efficiency, rather than the volume of treatments and intervention. In 2020, the U.S. Department of Health and Human Services finalized reforms to the federal Physician Self-Referral (Stark) regulations and the Anti-Kickback Statute regulations to facilitate more “value-based arrangements” among healthcare providers and other healthcare industry participants. Because pharmaceutical treatments have an enormous impact on both the overall cost and quality of patient care, value-based arrangements incorporating pharmacy and pharmaceutical interventions represent a significant opportunity to move from fee-for-service to value-based care delivery and reimbursement models. In this session, the presenters will provide an overview of key legal considerations for designing and implementing value-based arrangements involving pharmacies and pharmaceuticals and then discuss practical lessons learned from actually creating a value-based pharmacy program.
Enforcement Trends in Healthcare Compliance
Jon Ferry, Scarlett Nokes and Cory Rogers will address recent enforcement trends in healthcare and life sciences, including criminal, False Claims Act, and other government investigations. Topics will include enforcement actions in the areas of the CARES Act, Medicare Advantage, electronic health records, speaker’s programs, and diagnostic laboratory testing. The presenters will provide an overview of recent enforcement activity and and related compliance lessons.
Fierce Competition: Identifying and Managing Antitrust Risk in Healthcare Transactions
This panel will include discussions focused on:
- An overview of recent antitrust enforcement actions and what they portend for future initiatives under the Biden administration
- Perspectives from an in-house M&A attorney on how an aggressive antitrust enforcement climate impacts strategy for corporate development
- The increasing importance of economic modelling in merger review
- A case study of a hypothetical healthcare transaction
Litigation Avoidance: Handling Pre-Suit Complaints and Claims
As legal fees and costs increase, avoiding litigation by evaluating demands pre-suit can be a less expensive and effective way to resolve disputes in their early stages. The presenters will discuss their experiences resolving medical malpractice and other types of tort cases in advance of suit and best practices when presenting pre-suit demands to decision makers.