Telehealth services are being utilized more and more across the nation, and the number of health care providers and companies implementing telehealth equipment and services has increased exponentially in the past few years. The increased, and arguably essential, presence of telehealth in today’s health care industry has caused federal and state regulatory bodies to step in, and the rise in laws and regulations has caused a rise in liability risks, particularly with the rapid changes in the telehealth technology itself. Is your company implementing telehealth systems properly to ensure compliance with a rapidly changing environment?
Join Bloomberg BNA and Baker Donelson for this breakfast briefing on the state of the telehealth industry, technological advances and the implications for your business, and how to ensure that your organization is ready for what is coming on the regulatory forefront. This event will provide tactical strategies for effectively developing telehealth systems to ensure compliance, prepare for rapidly evolving regulations, and limit your liability.
September 14, 2017
8:00 AM – 11:00 AM
1101 K Street NW, #500
Washington, DC, 20005
8:00 AM Registration & Breakfast
8:30 AM Opening Remarks
8:40 AM What is Telehealth? Understanding the Technology
This presentation will demonstrate the various ways telehealth equipment is and can be utilized, to provide an understanding of what telehealth truly encompasses.
8:50 AM Are You Ready for Telehealth?: The Ever-Changing Regulatory Implications
As your company offers, utilizes or seeks to implement telehealth systems and equipment, you need to ensure that you are ready to maintain compliance with the constantly changing regulatory landscape. This is particularly important as states take a more active role in creating directly applicable regulations, from licensing to health care benefits, fraud and abuse issues, and privacy and security requirements. A panel of authorities on the laws and regulations implicated by telehealth will discuss the legal implications of implementing telehealth systems at your company, providing insights into the nuances for your legal department to understand and strategies for staying compliant in the constantly evolving regulatory environment bringing about increased risk areas.
Moderator: Emily Wein, Shareholder, Baker Donelson
9:30 AM Keeping it Private: Data Issues in Telehealth
The electronic transfer and storage of PHI, and other uniquely confidential health care related information, which are engrained in telehealth models, implicates key HIPAA issues, both from a privacy and security perspective. Join us for a panel of industry experts and practitioners who will provide insights on what to consider when creating your agreements with telehealth equipment and software vendors and telehealth provider companies, the liabilities that your health care business will face if breaches occur, and setting up your telehealth systems to avoid and mitigate risk.
Moderator: Alisa Chestler, Shareholder, Baker Donelson
Sarah E. Swank, Senior Counsel, Dignity Health
10:10 AM Closing Keynote: What’s Next in Telehealth
Leading experts will discuss the current legal and technological trends in telehealth, the implications these have for your health care business, and what you should expect to see next in the telehealth environment.
11:00 AM Event Concludes
As Director of Telehealth Initiatives for the MedStar Institute for Innovation, David Brennan works to further the creative adoption of innovative healthcare delivery methods within and across the MedStar Health System and, more generally, throughout the healthcare industry. He is leading efforts to explore ways in which modern information and communication technologies can be integrated into the delivery of healthcare to expand and grow the portfolio of MedStar’s clinical and research telehealth initiatives.
A prominent telehealth researcher with over 15 years of experience, his research and development activities focus on methods to better integrate information and communication technologies into the delivery of healthcare to improve access, enhance outcomes, and reduce cost. He has served as Primary Investigator on projects funded by the National Institutes of Health, Department of Defense, and Department of Education. David holds an adjunct faculty position with the Catholic University of America School of Engineering, where he received his Bachelor and Master degrees in Biomedical Engineering.
Ms. Chestler concentrates her practice in health care and insurance regulatory compliance; privacy, security and records management issues; and corporate transactions matters. She joined Baker Donelson after a distinguished career as in-house counsel and privacy officer to several large public and private companies.
Ms. Chestler routinely counsels clients on data privacy and security matters that arise from federal and state laws, including HIPAA, HITECH, GLB, FCRA/FACTA, state data breach laws and the Payment Card Industry (PCI-DSS) requirements. She assists clients in identifying, evaluating and managing risks associated with privacy and information security practices of companies and third parties. She has significant experience assisting companies in developing comprehensive privacy and security programs. Her experience with HIPAA/HITECH compliance includes preparing and negotiating business associate agreements, developing policies and procedures, and advising clients on data breaches and notification obligations.
Ms. Chestler assists clients with negotiating complex information technology and partnership agreements, including health information exchange (HIE) participation, EHR negotiation, adoption and compliance with HITECH and meaningful use requirements, and audits. She has also assisted clients in analyzing and negotiating cloud computing issues and agreements.
In addition, Ms. Chestler counsels employers, insurers and state regulators with the evolving Affordable Care Act (ACA) compliance and policy issues, including drafting required updates and compliance policies and procedures and contractual relationships. Ms. Chestler has counseled providers, managed care organizations, insurers, thirdparty administrators, self-funded employers and health care specialty organizations on regulatory, compliance and operational issues, provider contracting and credentialing, disease management, ERISA, and compliance with Medicare Secondary Payor issues, including MMSEA mandatory reporting obligations. Follow her on Twitter @alchestler.
Ross Friedberg is the General Counsel at Doctor On Demand. He oversees all of Doctor on Demand’s legal, privacy and government affairs activities, including regulatory compliance within the rapidly evolving areas of telehealth and health information technology.
Prior to Doctor on Demand, Ross served as an attorney at Epstein Becker Green, a nationally recognized health law firm, where he focused his practice on legal, regulatory, and policy challenges impacting telehealth and digital health. In 2014, Ross co-authored one of the first comprehensive legal guides on telehealth: “Navigating the Telehealth Landscape: Legal and Regulatory Issues” (published by Bloomberg BNA’s Portfolio Series), which subsequently received the Burton award for distinguished legal writing.
Ross received an undergraduate degree from Cornell University and graduate degrees in Law and Public Health from the the University of Connecticut. He is admitted to practice law in Connecticut and the District of Columbia and lives in Arlington, Virginia.
Tanjima Islam manages custom content at Bloomberg BNA, where she works with a variety of clients to develop timely and relevant content for webinars and in-person conferences. Prior to joining Bloomberg BNA, Tanjima litigated civil matters in Washington, D.C. Tanjima earned her J.D. from American University, Washington College of Law and her B.A. from Bryn Mawr College.
Matthew Loughran is a senior legal editor for Bloomberg BNA covering legal issues affecting the health-care industry. His beats include litigation involving the state and federal regulation of health-care providers in a variety of aspects, including telehealth and telemedicine, antitrust, taxation, labor and employment, and insurance law. He writes a quarterly telemedicine/telehealth feature for Bloomberg BNA providing a deeper focus on legal and legislative developments of this burgeoning field. Holding a license to practice law in Washington D.C., Matthew attended Rutgers University School of Law in Camden, N.J., and has a B.A. from the University of Notre Dame and an M.A. from St. John’s College in Annapolis. Prior to joining Bloomberg BNA, Matthew worked as a clerk for the New Jersey Superior Court, Appellate Division and as a paralegal in Washington D.C.
Sarah J. Rhoads, PhD, DNP is a telehealth researcher and educator, emphasizing the human impact of technologies on health care provider roles and patients. Dr. Rhoads is an Associate Professor at the University of Arkansas for Medical Sciences College of Medicine and College of Nursing and the Education Director for the University’s ANGELS obstetrical telemedicine program and the Center for Distance Health. She has been the primary investigator on multiple grants related to telehealth and is the Director of the South Central Telehealth Resource Center which facilitates telemedicine in Arkansas, Mississippi and Tennessee. Several of Dr. Rhoads’ research and project grants have focused on the Mississippi River Delta region of the United States. Dr. Rhoads has a passion for improving maternal, neonatal, and pediatric care in rural areas.
Ms. Wein advises health care clients on a wide spectrum of regulatory matters, including telemedicine, Medicare and Medicaid enrollment, HIPAA privacy issues, alternative/bundled payment models, Stark and federal Anti-kickback Law compliance, and other fraud and abuse topics.
She also assists clients with transactional matters, such as acquisitions and changes of ownership of health care providers. She was previously associate counsel at a large interdisciplinary health system where she served as a primary source for guidance with respect to fraud and abuse, HIPAA and state privacy law, and Medicare and Medicaid participation issues, and assisted with numerous corporate transactions.
Diane joined NRHA staff in 2015. She previously worked as a legislative assistant to Rep. Kevin Brady, the chair of Ways and Means, where she handled a variety of health care issues with a focus on Medicare policy. She also worked as a health policy fellow at the Heritage Foundation with a focus on long term care and end of life policy.
Diane earned a J.D. from Michigan State University College of Law and bachelor’s degrees in mechanical engineering from Lake Superior State University and psychology from Central Michigan University.
Cory is the chief product officer of Avizia, a healthcare technology company that partners with providers to deploy and power system-wide telehealth. Cory has a passion for understanding the needs of health systems and developing purpose-built solutions with an exceptional user experience. At Avizia, his efforts are focused on solving the challenges of care access and quality outcomes through telehealth.
Previously, Cory lead product management in a highly successful division of Cisco Systems, launching products in the healthcare, education and enterprise markets. Before Cisco, Cory worked with nearly a dozen Fortune 100 companies to develop ground-breaking marketing and product strategies as a consultant with McKinsey & Company. Additionally, Cory brings strong video product management experience from his role as director of product management at MoveNetworks, a video technology startup that was sold to a Fortune 100 company in 2010.
Cory has an MBA with high distinction from Michigan’s Ross School of Business.
Mary Anne Hilliard, Esq, is Executive Vice President and Chief Legal Officer. She oversees Legal Services, Risk Management, Compliance, Internal Audit, Insurance, Workers Compensation, and Captive Management. In addition to being a lawyer, Mary Anne also is a registered nurse who practiced at Children’s National in the early part of her career. She went on to practice law in Washington, DC, specializing in healthcare law issues and malpractice defense. She is extensively published and lectures widely at hospitals, universities and associations on health law issues.
Committed to the concept that the best way to manage risk is to prevent it, she has led many local and national grant funded initiatives to share risk data and study pediatric outcomes to reduce serious adverse events. On the financial side of risk management, she was involved in the creation of two captive insurance companies and is responsible for the ongoing operation of those corporate entities. Under her leadership, her organization has enjoyed numerous patient safety awards and distinctions including Leapfrog Designation six years in a row; the Child Health Corporation of America Race for Results award (two times), the George Mason Quality Improvement of the Year Award, and the DC Hospital Association Patient Safety Award
After serving many years as the local American Society of Healthcare Risk Management President, she was elected to serve a three-year term on the National Board of ASHRM and in 2012 served as the President of ASHRM.
Mr. Kornak offers Ellumen’s clients and partners the benefits of his 20+ years guiding clinicians and administrators on innovative approaches for improving healthcare's delivery. His sage advice and expertise for telehealth and telemedicine is informed by his prior experience as Director of Telehealth at University of Maryland Medical Center (UMMC) where he implemented, managed, and supported over 20+ Telemedicine programs across the Medical System and throughout the State of Maryland.
Janet Marchibroda is the Director of Health Innovation Initiative and Executive Director of the CEO Council on Health and Innovation at the Bipartisan Policy Center, a non- profit organization founded by both Democratic and Republican former Senate Majority Leaders, that drives principled solutions on issues including economic policy, energy, immigration, and health care, through rigorous analysis, reasoned negotiation, and respectful dialogue. Marchibroda’s areas of focus at BPC include advancing innovative strategies to improve health and health care and accelerating medical innovation.
Marchibroda previously served as the Chief Health Care Officer for IBM and the Chief Operating Officer for the National Committee for Quality Assurance (NCQA). She also served as Chief Executive Officer of the non-profit eHealth Initiative, where she also served as the Executive Director of Connecting for Health—an initiative supported by the Markle Foundation and Robert Wood Johnson Foundation. She previously led stakeholder engagement activities for the National Coordinator for Health Information Technology within the Department of Health and Human Services.
Marchibroda has been recognized as one of the Top 25 Women in Healthcare by Modern Healthcare magazine, one of the Most Powerful Women in Healthcare IT by Health Data Management, and recipient of the Federal Computer Week Top 100 Award. She holds a B.S. in commerce from the University of Virginia and an M.B.A. with a concentration in organization development from The George Washington University.
Ms. Swank is Senior Counsel at Dignity Health, a health system made up of more than 60,000 caregivers and staff who deliver care to diverse communities in 21 states. Headquartered in San Francisco, Dignity Health is the fifth largest health system in the nation and the largest hospital provider in California. As part of the Legal Department, Sarah is responsible for supporting operations and strategy for its six CINs/ACOs, telehealth and five hospitals in the Central Coast of California and two hospitals in Southern California. Prior to joining Dignity Health, Sarah was a Shareholder at Ober Kaler (now Baker Donaldson) in the Washington, DC office and Associate General Counsel at Trinity Health. Sarah is a national speaker and writer in the areas of ACOs, telehealth and care transformation after the passage of the Affordable Care Act.
1101 K Street NW, #500
Washington, DC, 20005
Baker Ober Health Law assists a myriad of clients in creating telehealth service arrangements, forming telehealth entities, reviewing software and licensing agreements and providing general advice as to the viability of a particular telehealth arrangement within the applicable state statutory and regulatory construct. Our clients are providers, large and small, established and start-up, venture capitalists, telehealth service entities and software companies. We assist them by providing legal guidance in an ever-changing statutory and regulatory environment.
Baker Ober Health Law, a Baker Donelson practice, is one of the top three nationally-ranked health care practices in the country, with more than 200 attorneys serving the industry.
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