M E M O R AN D U M
May 11, 2015
TO:
AHLA Board of Directors
FROM:
Hal McCard, Chair
Hospitals and Health Systems Practice Group
RE:
Annual Report for the 2014-2015 Program Year
On behalf of the Hospitals and Health Systems Practice Group (“HHS PG”), it is
my privilege to present this annual report to the AHLA Board of Directors regarding our
recent and upcoming activities.
1. Webinars, Teleconferences and Educational Activities:
A. Webinars and Teleconferences. Since the 2014 Annual Meeting, the HHS PG
has sponsored or co-sponsored the following 50 webinars and/or
teleconferences (plus 4 additional scheduled or planned for the remainder of the
program year):
1) “Health System Transformation and the Law: Bridging Public Health and
Health Care, Part I: Health System Transformation--What Does it Mean
to You?”
Panelists: Akshara Menon, Matthew Penn, Sara Rosenbaum, and Sara
Swank
Co-Sponsors: PHS AG, HHS, IHC and RAP PGs; ACO and HCR TFs;
and the Centers for Disease Control and Prevention's Public Health Law
Program
2) “Considerations from Inside the CIN Board Room: Network Partnerships
and Value-Based Contracts”
Speakers: James Daniel, Jr. and Melinda Hancock
Co-Sponsors: IHC, Antitrust, BLG, HHS, MSCPR, Physicians, and Rap
PGs and ACO TF on 7/23/14
3) “What Hospitals Need to Know about the New Drug Compounding Law”
Speakers: Nathan Brown and Christopher Topoleski
Co-Sponsors: CHAG, IHC, TH, HHS and LS PGS on 7/29/14
4) “Bundles of Joy, Bushels of Paperwork: Pregnancy and Postpartum
Issues in the Workplace”
Speakers: Maria Greco Danaher and Brian McDermott
Co-Sponsors: Labor and HHS PGs on 7/31/14
5) “Health System Transformation and the Law—Bridging Public Health and
Health Care, Part II: Legal Mechanisms Supporting Accountable Care
Principals-What Do They Mean for Your Practice?”
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Speakers: Abigail Ferrell, Tara Ramanathan, and Christine Burke
Worthen
Co-Sponsors: PHS AG, HHS, IHC, and RAP PGs; ACO and HCR TFs;
and the Centers for Disease Control and Prevention's Public Health Law
Program
6) “A Graduate Series on the Role and Use of Advanced Practice
Professionals, Part I: Licensure and Scope of Practice—Things are
Changing”
Speakers: Trish Anen, Scott J. Cooper, Stephen R. Kleinman
Co-Sponsors: MSCPR, Antitrust, HCL, HIT, HHS, IHC, Physicians,
PALS, RAP, and BH TF on 8/19/14
7) “Federal and State Roles in Oversight of Qualified Health Plans in the
Federal Exchange”
Speakers: Helaine Fingold and Linda Tiano
Co-Sponsors: PPMC and HCR TF on 8/25/14
8) “2015 Proposed IPPS/OPPS Payment Rules, Part I: The Can’t Miss
Issues”
Speakers: Daniel Hettich, Christopher Kenny, Kenneth Marcus, and Eric
Zimmerman
Co-Sponsors: RAP, HIT, HHS, IHC, MSCPR, Physicians and TH PGs
and HCR TF on 8/26/14
9) “The Legality of Subsidies in Federal Insurance Exchanges: The Side
Effects of Halbig and King
Speakers: Daniel Jarcho and Amy Sanders
Co-Sponsors: HCR TF on 9/19/14
10) Health System Transformation and the Law—Bridging Public Health and
Health Care, Part III: Hospital Presumptive Eligibility for Medicaid—
What’s Next?
Panelists: Charles Luband and Lisa Caucci
Co-Sponsors: PHS AG, HHS, IHC, and RAP PGs; ACO and HCR TF;
and the Centers for Disease Control and Prevention's Public Health Law
Program on 9/22/14
11) “Litigating a False Claims Act Case—Tips and Tactics from the Trenches,
Part I: Current and Hottest Issues in False Claims—Where FCA
Litigation is Today and Where it is Going”
Speakers: Amy Easton, Stuart Gerson, and Marlan Wilbanks
Moderator: Rebekah Plowman
Co-Sponsors: HCL, Fraud, HHS, IHC, and TH PGs on 9/23/14
12) “A Graduate Series on the Role and Use of Advanced Practice
Professionals, Part II: Credentialing, Privileging, and Competency
Assessment—Is it really that Different for Advanced Practice
Professionals?
Speakers: Trish Anen, Daniel J. Castillo, Renee Dengler
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Co-Sponsors: MSCPR, Antitrust, HCL, HIT, HHS, IHC, Physicians,
PALS, RAP and BH TF on 9/29/14
13) “2015 IPPS/OPPS Payment Rules, Part II: The Can’t Miss Issues from
the Industry’s Perspective”
Speakers: Priya Bathija, Allison Cohen, and Lori Mihalich-Levin
Co-Sponsors: RAP, HIT, HHS, IHC, MSCPR, Physicians, and TH PGs
and HCR TF on 9/30/14
14) “Stress, Depression, Addition, and Mental Health Issues in the Legal
Profession”
Speakers: Kathy Flaherty, Lynn Garson, Todd Stanton, and Javoyne
Hicks White
Co-Sponsors: BH TF on 10/9/14
15) “Analyzing Physician Referral Data in a Population Health World”
Speakers: Troy Barsky, Joseph Lynch, and Stephen Sozio
Moderator: Robert Gerberry
Co-Sponsors: HHS, IHC, Physicians, and RAP PGs and ACO TF on
10/17/14
16) “Litigating a False Claims Act Case—Tips and Tactics from the Trenches,
Part II: Getting What You Really Need—Preliminary Motions Practice
and Discovery in FCA Litigation”
Speakers: Anthony DeWitt, Richard Glaze, Jr., and Roann Nichols
Moderator: George Breen
Co-Sponsors: HCL, Fraud, HHS, IHC, and TH PGs on 10/23/14
17) “Strategic Considerations for Academic Medical Centers in Developing
Regional Health Networks”
Speaker: Mark Thompson
Moderator: Martie Ross
Co-Sponsors: TH, Antitrust, BLG, Fraud, HHS, and IHC PGs and ACO
TF on 10/27/14
18) “A Graduate Series on the Role and Use of Advanced Practice
Professionals, Part III:
Billing and Reimbursement for Advanced
Practice Professionals—Opportunities and Pitfalls”
Speakers: Trish Anen and Regan Tankserley
Co-Sponsors: MSCPR, Antitrust, HCL, HIT, HHS, IHC, Physicians,
PALS, RAP, and BH TF on 10/28/14
19) “Shifting Paradigms: Medical Ethics, Public Health Ethics, and the Law,
Part I: Ethics and the Law—Defining and Distinguishing Medical Ethics
and Public Health Ethics”
Speakers: Ruth Bernheim, Kimberly Lovett, and Leonard Ortmann
Moderator: Tara Ramanathan
Co-Sponsors: PHS AG and CDC PHLP on 10/29/14
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20) “Shifting Paradigms: Medical Ethics, Public Health Ethics, and the Law,
Part II: Ethics and the Law—Unsafe Health Care Practices and the Duty
to Warn” (Interactive Discussion)
Speakers: Darrell Klein, Leonard Ortmann, and Joseph Perz
Moderator: Drue Barrett
Co-Sponsors: PHS AG and CDC PHLP on 11/13/14
21) “Medical-Legal Partnerships: Integrating Lawyers to Build a Better Health
Care Team”
Speakers: Sylvia Caley, Ellen Lawton, and Kerry Rodabaugh
Moderator: Almeta Cooper
Co-Sponsors: Public Interest Committee, HHS, IHC, PALS, Physicians,
and TH PGs on 11/17/14
22) “Never the Twain Shall Meet—Affiliations between Exempt and For-Profit
Health Care Entities”
Speakers: Robert Friz and Linda Moroney
Moderator: Marta Hoffman
Co-Sponsors: HHS, IHC, Tax, and TH PGs on 11/18/14
23) “Ebola: Managing Your health Care Workforce”
Speakers: Tom Davis, Michael Hanna, and Mark Peters
Co-Sponsors: Labor and HHS PGs on 11/19/14
24) “Pharmaceutical Antitrust Bootcamp, Part I: Introduction and Antitrust
Overview”
Speakers: Trish Anen, Scott J. Cooper, Stephen R. Kleinman
Co-Sponsors: Antitrust, HHS, IHC, LS, PPMC, and RAP PGs on
11/20/14
25) “Medicare’s Proposal to Overhaul Home Health Conditions of
Participation”
Speakers: Stacey Meyer and Catherine Sloan
Co-Sponsors: RAP, IHC, HIT, PALS, and TH PGs and HCR and ACO
TF on 11/21/14
26) “Litigating a False Claims Act Case—Tips and Tactics from the Trenches,
Part III: To Settle or Not to Settle, That is the Question—Global
Settlements and ADR
Moderator: Rebekah Plowman
Co-Sponsors: HCL, Fraud, HHS, IHC, and TH PGs on 11/24/14
27) “ACOs and Clinically Integrated Networks: What You Need to Know
about Their Impact on Hospital Tax-Exempt Bonds”
Speakers: Debra Silverman, Johanna Som de Cerff, and M. Elizabeth
Walker
Co-Sponsors: Tax-Exempt AG and Tax PGs and ACO TF on 12/2/14
28) “P4P Arrangements: Understanding Structures and What to Look for in a
FMV Opinion”
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Speakers: Paul DeMuro and Jennifer Johnson
Co-Sponsors: ACO TF on 12/3/14
29) “Medicare Chronic Care Management:
Billing, Compliance, and
Implementation Issues”
Speakers: Ann Bittinger, Denise Hall, Rick Hindmand
Co-Sponsors: Physicians, IHC, and RAP PGs and ACO TF held on
12/9/14
30) “Litigating a False Claims Act Case—Tips and Tactics from the Trenches,
Part IV: Dispositive Motions and Preparing for Trial—Pre-Trial Motions
and Jury Issues”
Speakers: Dennis Donoghue, Stephen Sozio, and Michael Sullivan
Moderator: Edwin Brooks
Co-Sponsors: HCL, Fraud, HHS, IHC, and TH PGs held on 12/10/14
31) “Shifting Paradigms: Medical Ethics, Public Health Ethics, and the Law,
Part III: Ethics and the Law—Mapping the Patient Safety Terrain”
Speakers: Andrea Ferrari, Kimberly Lovett, Evelyn McKnight, and Tara
Ramanathan
Co-Sponsors: PHS AG and CDC PHLP on 12/16/14
32) “Pharmaceutical Antitrust Bootcamp, Part II: Pay-for-Delay I
Speaker: Leigh Oliver
Co-Sponsors: Antitrust, HHS, IHC, LS, PPMC, and RAP PGs held on
12/16/14
33) “The Heat is On: Developments in Nonprofit Executive Compensation”
Speakers: Martin Katz, T. J. Sullivan, and LaVerne Woods
Co-Sponsors: HHS and Tax PGs on 12/19/14
34) “Academic Medical Centers under the Spotlight: New Sunshine Act
Questions for Teachings, Research, and Patient Care”
Speakers: Douglas Brown, Heather Pierce, Andrew Ruskin, and Gary
Wimsett
Co-Sponsors: TH, HHS, Physicians and RAP PGs on 1/8/15
35) “CMS and Accrediting Entities – The Deeming Authority Relationship and
How It Can Impact Health Care Organizations”
Speakers: Sandra DiVarco and Patrick Horine
Co-Sponsors: ACE, AG, RAP, HHS, MSCPR, and TH PGS on 1/9/15
36) “Top Ten Legal and Compliance Issues in Managed Care Contracting for
Long Term Care Providers:
Speakers: Lisa Hathaway, Christopher Puri, and Alan Schabes
Co-Sponsors: PALS, HCL, HIT, HHS, IHC, PPMC, RAP, and TH PGs on
1/13/15
37) “Pharmaceutical Antitrust Bootcamp, Part III: Pharmaceutical Mergers
and Acquisitions”
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Speaker: Scott Stempel
Co-Sponsors: Antitrust, HHS, IHC, LS, PPMC, and RAP PGs on
1/15/15
38) “Rules, Tools, and Fools—‘Hot Buttons’ in Physician Compensation
Planning Series, Part III: Introduction to Health Care Real Estate Lease
Toolkit
Speakers: Monte Crockett, Andrew Dick, Shane Goss, and Deane
Hobart
Co-Sponsors: FMV AG, HHS, Fraud, IHC, and RAP PGs on 1/21/15
39) “IT Considerations in Developing and Operating ACOs, CINs, and Other
Narrow Networks
Speakers: Margaret Grimaldi and Christine Worthen
Co-Sponsors: HIT, Antitrust, BLG, HHS, MSCPR, PPMC, Physicians,
PALS, RAP, TH, and ACO and HCR TF on 2/12/15
40) “Putting the Horse Behind the Cart: Understanding and Identifying Key
Operational Challenges to Inform the Structuring of Physician/Hospital
Arrangements”
Speakers: Thomas Donohoe, Dave Dookeeram, and Megan Zatz
Co-Sponsors: RAP, HHS, Physicians, PALS PGs and ACO TF on
2/23/15
41) “Rules, Tools, and Fools—‘Hot Buttons’ in Physician Compensation
Planning Series, Part IV: Physician Recruitment, Employment and
Contracting Ethics—When It’s All About the Money, Do You Have an
Obligation to Keep Your Client from Giving Away the Kitchen Sink?”
Speakers: Dawn Crumel and William Horton
Moderator: Andrea Ferrari
Co-Sponsors: FMV AG, HHS, Fraud, IHC, and RAP PGs on 3/12/15
45) “Pharmaceutical Antitrust Bootcamp, Part V: Joint Ventures and
Licensing (Advanced)”
Speaker: Jeffrey Brennan
Co-Sponsors: Antitrust, HHS, IHC, LS, PPMC, and RAP PGs on 3/19/15
46) “ACO Credentialing and Peer Review: Essential Tools for Effective
Clinical Integration”
Speakers: Jennifer Hansen and Robin Negele
Moderator: Sarah Swank
Co-Sponsors: MSCPR, HCL, HIT, HHS, IHC, Physicians, and RAP PGS,
and BH TF on 3/25/15
47) “Rules, Tools, and Fools—‘Hot Buttons’ in Physician Compensation
Planning Series, Part V: Requesting, Reviewing, Using, and Discarding
FMV Opinions”
Speakers: Jeffrey Bromme, Carol Carden, David Matyas, and Robert
Salcido
Moderator: David Pursell
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Co-Sponsors: FMV AG, HHS, Fraud, IHC, and RAP PGs on 4/10/15
48) “Recruiting, Training, and Employing Foreign Physicians: Best Practices
for Managing Common Immigration Pitfalls”
Speakers: Kristen Harris, Ann Lance, and Matthew Shick
Moderator: Andrea Kahn-Kothmann
Co-Sponsors:
TH, HHS, IHC, Labor, and Physicians PGs on
4/22/15
49) “Pharmaceutical Antitrust Bootcamp, Part VI: Pharmaceutical Mergers
and Acquisitions – Representing Merging Parties Before the Agency
(Advanced)”
Speaker: Jeff White
Co-Sponsors: Antitrust, HHS, IHC, LS, PPMC, RAP PGs on 4/23/15
50) “The Rise of Employer-Based Wellness Initiatives and Medical Clinic”
Speakers: Jolie Havens, Jonathan Ishee, and Nathan Kaufman on
4/24/15
Moderator: Thomas (T.J.) Ferrante
51) “EMTALA and the Behavioral Health Patient:
Clinical and Legal
Concepts”
Speakers: Don Fowls, Gina Greenwood, and Russell Kolsrud
Co-Sponsors: BHTF, RAP, and TH PGs to be held on 5/12/15
52) “Medicare Bundled Payments for Care Improvement Initiative:
Experiences on the Front Lines of Alternative Payment
Speakers: Tami Horton, Gabriel Scott, and Robert Stone
Moderator: Catharine Martin
Co-Sponsors: Physicians and RAP PGs, PIC AG, and ACO TF to be
held on 5/13/15
53) “Current Issues in Academic-Industry Research Collaborations”
Speakers: Susan McGalli, Yogesh Sharma and Jake Wasserman
Co-Sponsors: THAMC and HHS to be held on 5/21/15
54) “Straight from the Source: A Refresher on Medicare’s Hospital Medical
Staff Privileging Requirements”
Speaker: Windsor Mill, MD
Co-Sponsors: MSCPR and HHS to be held on 5/22/15.
Assessment: The HHS PG far exceeded its strategic goal of 25 sponsored or
co-sponsored webinars this program year. It has continued the PG’s tradition of
sponsoring/co-sponsoring teleconferences that focus on providing practical,
timely materials, geared toward the busy practitioner who must deal with a wide
variety of complex issues each day. Our thanks to Mary Beth Fortugno, Vice
Chair for Educational Programs, for her outstanding efforts in this critical role.
Also special thanks to LDP participants Thomas (T.J.) Ferrante and Jonathan M.
Ishee for their support of the educational program activities this past year.
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B. Mid-Year Meeting & Annual Program Luncheons. The HHS PG sponsored a
luncheon meeting at the 2015 Physicians and Hospitals Law Institute with the
Antitrust, Business Law and Governance, In House PGs and EMR Taskforce on
February 2-4, 2015, in Las Vegas, Nevada, entitled, "Perspectives on Provider
Consolidation", where panel members discussed their varied experiences and
the program was well-received.
The HHS PG will sponsor a luncheon with the Tax and Finance PG at the 2015
Annual Meeting in Washington, DC on July 1, 2015, entitled “Halfway There:
Problems and Best Practices for Hospitals.”
Assessment: The luncheons at both the Annual Meeting and the Physicians and
Hospital Law Institute are always an important part of the program year for our
Practice Group. The luncheon at the mid-year meeting was well received and this
year’s program for the annual meeting promises to feature excellent speakers
who will share important insight on complying with 501(r) regulations by year
end.
2. Web/Internet Activities:
A. HHS PG Webpage Content Review and Assessment: The HHS PG Webpage
serves as a central clearinghouse where HHS PG members can find useful
information about the PG and information relevant to their practices. We have
been reviewing the HHS PG Webpage, particularly in light of the transition to the
new AHLA website format, to ensure the HHS PG content is accurate and up-todate. We communicated to AHLA staff certain errors and omissions on the HHS
PG Webpage, which were corrected. We have also reviewed reports available
on the new site that track practice group activity, which help to identify potential
new practice materials Additionally, we are coordinating with AHLA staff to
obtain reports with respect to Webpage activity such as “hits,” which will assist in
identifying the most popular and useful content.
B. HHS Discussion List Activities: The HHS PG Discussion List continues to
provide a means for its members to raise questions and issues of common
interest and to promote dialog on these questions and issues for the benefit of all
discussion list participants. In addition, it is widely recognized by AHLA members
as a valuable mechanism for receiving brief, timely notices and updates on
health care developments. LDP Participant Trent Krienke is currently monitoring
the discussion list and helping to keep it active.
Assessment: The HHS PG web/internet activities continue to be a great service
to our PG members and the new AHLA website format will allow increased
opportunities to improve the HHS PG Webpage.
C. Social Media Initiative: This year, the HHS PG has continued to build on the
social media initiative, led by our PG Social Media Coordinator, Tom Donohoe, to
better serve the PG members by utilizing social medial tools. The HHS PG
social media team has continued to focus its presence on Twitter, where the
HHS PG has 768 followers, up from roughly 649 followers from the end of 2014.
The HHS PG also is also actively searching for appropriate individuals, media
outlets, and organizations to "follow" on Twitter, recognizing the value in being
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selected by HHS PG as a "follower". The Twitter feed has continued to promote
educational programs, webinars and significant reports, articles, and news on
topics related to hospitals and health systems to its existing members and to
attract new members. In furtherance of this effort, the HHS PG social media
team has worked with the Education team in “live tweeting" PG-sponsored
webinars this past Fall, worked with AHLA staff to coordinate the “live tweeting”
effort at the mid-year meeting in Las Vegas. Further, Tom Donohoe was asked
to and developed a “Social Media Best Practices” chapter in the Fall for the
forthcoming PG Best Practices Manual. Tom Donohoe has also moved into the
position of PG Chair for Social Media and has been working on a succession
plan. A new Social Media Coordinator, Ammon Fillmore, has recently been
appointed.
Assessment: The HHS PG web/internet activities and focus on Social Media
continue to be quite active and continue to be a great service to our PG
members. Our thanks go to Vice Chair Nicole DiMaria and Social Media
Coordinators Tom Donohoe and Ammon Fillmore, as well as Trent Krienke and
Valita Fredland as the LDP participants, for their work on these important
initiatives.
3. Publications:
The HHS PG’s Strategic Plan calls for the publication of two HHS PG newsletters
during the 2014-2015 Program Year. We are on track to meet this goal, with the Fall
newsletter having been published in November 2014, and the Spring newsletter
scheduled to be published in May 2015. A new feature in this year’s newsletters is
“The Corner” – a section reserved in each newsletter for the PG’s three affinity
groups to highlight any news and activities, or publish substantive articles.
The PG also provided a feature article for the June 2015 publication of Connections
magazine. In addition, the PG co-sponsored multiple e-mail alerts with other PGs
during the 2014-2015 Program Year.
Assessment: We are pleased to continue the HHS PG’s tradition of providing
substantive, topical articles of use to our membership. Particular thanks are due to
Vice Chair Andy Murray, who has assumed responsibility for continuing the HHS PG
Newsletter. Also special thanks to Marta Hoffman for her support as a LDP
participant during the second half of the 2014-2015 Program Year. A goal of the
HHS PG continues to be the encouragement of newer AHLA members (and other
more tenured members) to become first-time AHLA authors.
4. Membership Activities
A. Membership Statistics. In the latest available reporting period, ending May 1,
2015, the HHS PG is pleased to report that it currently has 2,244 members.
From the start of FY2014 (6/1/14) until May 1, 2015, the PG experienced a
3.17% increase (69 additional members), from 2,175 members to 2,244
members. However, during the period there was an initial slight drop in
membership (to 2,134) followed by a climb to current levels. Current initiatives to
increase and retain membership include improving the process of reaching out to
volunteers and new members and surveying departed HHS PG members to
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solicit the reasons for their departure from the PG and to identify opportunities for
improvement in the activities and offerings of the PG. We also think that our
outstanding PG activities (Educational Programs, Publications, Affinity Group
Activities, Social Media and Listservs), as well as our Leadership Development
Program (LDP) have all been instrumental in attracting members to our PG (see
below for more information on the LDP). Special thanks to Vice Chair Chip
Hutzler and LDP participants Cynthia Alcantara and Amy Kaufman for leading
initiatives in this area.
B. Leadership Development Program. The HHS PG Leadership Development
Program (“LDP”) is now in its 6th year of operation. For the 2014-15 Program
Year, the LDP participants include Cynthia Alcantara, TJ Ferrante, Valita
Fredland, Marta Hoffman, Jonathan Ishee, Christy Jordan, and Amy Kaufman.
The LDP helps identify Association volunteers to work on future projects, and
exposes them to, and prepares them for potential roles as Association leaders in
the future. We are thrilled that this year’s LDP participants have been active in a
wide range of PG activities. LDP’s have also heard from a range of speakers on
LDP calls in the last year, including Peter Leibold, Peter Pavarini, Marc
Goldstone, and Lisa Ohrin, as well as AHLA Staff. We thank them for their
contributions to making the LDP program successful.
We believe that the creation and continued refinement of the LDP is one of
our PG’s most significant contributions to the AHLA, which has been the
model for other PG's, and we continue to strongly recommend the program
to each of the AHLA’s other Practice Groups.
C. New Membership Outreach Activities. Chip Hutzler, Membership Vice Chair,
and the LDP participants working with him, Cynthia Alcantara and Amy Kaufman,
have commenced several excellent membership outreach activities during the
program year. A new initiative which was completed this program year is an
update of the talent pool list of volunteers for HHS PG projects by adding new
volunteers and contacting individuals on the existing list to reconfirm willingness
to volunteer. There are a total of 58 members on the talent pool list.
Assessment: Chip, Amy and Cynthia have been working with AHLA staff to
improve the new member welcome process and reach out to new members with
information about the PG and opportunities to become involved. Our PG is
grateful to Chip for his efforts to support and grow the LDP, as well as to nurture
our PG members, attract new members, and minimize member departures. Our
thanks also go to Cynthia Alcantara and Amy Kaufman, LDP Participants, for
their assistance with these efforts.
5. Affinity Groups
The HHS PG is pleased to offer the following three Affinity Groups to our members
and is happy to report the significant ongoing activities, contributions and growth of
each as follows:
A. Fair Market Value (“FMV”) Affinity Group – Led by Chair Andrea Ferrari and
Vice Chairs Kelly Anderson, Curtis Bernstein, Shane Goss, Lyle Oelrich and
Joseph Wolfe, the FMV Affinity Group is dedicated to providing forums for the
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legal and valuation communities to engage in the exchange of ideas, information
and resources related to FMV in healthcare transactions. The 2014-2015 FMV
AG leadership team, which included two returning members and four newly
appointed Vice Chairs, has diligently worked to plan programs and initiatives for
the 2014-2015 program year. The leadership team has monthly calls, and
committees of Vice Chairs and other volunteers from the AG membership work
together between monthly calls to maintain momentum on specific projects and
initiatives. The FMV AG’s already-strong membership numbers have increased
approximately 60% over the course of the year, and this affinity group now has
210+ members, up from 132 members at the end of last year. The FMV Affinity
Group is the largest affinity group in the Hospitals and Health Systems Practice
Group, and the third largest affinity group in AHLA.
The FMV Group’s 2014-2015 activities and events include:

Affinity group open member calls to solicit ideas and suggestions regarding
FMV Affinity Group activities.

Curating and sponsoring the FMV listserv as a forum for exchange of ideas
and information on topics related to FMV in hospital-physician transactions.

The “Rules Tools and Fools” webinar and roundtable series, which was
co-sponsored by the Fraud and Abuse, In-House Counsel and Physicians
Organizations practice groups, included two roundtable panel discussions and
three CLE webinars, one of which was a session focusing on FMV in hospitalphysician real estate lease transactions (a collaboration with the Real Estate
AG). Attendance numbers for these webinars ranged from 60 to 90 attendees
each session, and feedback was generally strong.

Development and launch of the online FMV Lease Toolkit, which was a
collaboration with the Real Estate Affinity Group, went live on January 21,
2015, when it was introduced during the third session of the five-part “Rules
Tools and Fools” webinar and roundtable series. The toolkit has received
positive feedback from members of both the FMV and Real Estate affinity
groups. Updates to the toolkit are being planned for 2015-2016.

Networking and Educational Events at AHLA’s In-Person Programs:
Collaboration with other AHLA affinity groups and committees, including the
Public Health Systems Affinity Group, the Children’s Hospitals Affinity Group,
the Real Estate Affinity Group, the Physician In-House Counsel Affinity Group,
and the AHLA NACVA workgroup, to plan and sponsor educational and
networking events for AHLA’s in-person programs. The collaborations
expanded the reach of these popular networking dinners, and helped foster
more balanced discussion of the issues that are of interest to our members.
2014-2015 educational and networking events include:

A networking dinner at Sequoia restaurant during the 2015 Academic
Medical Centers conference (collaboration with the Public Health
Systems and Children’s Hospital Affinity Groups).
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
A breakfast panel discussion at the 2015 Physicians and Hospital Law
Institute (FMV Affinity Group only).

A networking dinner at the Eiffel Tower Restaurant during the 2015
Physicians and Hospitals Law Institute (collaboration with the Public
Health Systems, Children’s Hospitals, and Physician In-House Counsel
Affinity Groups).

A breakfast panel discussion at the 2015 Transactions conference
(collaboration with National Association of Certified Valuators and
Analysts (“NACVA”) workgroup).

A networking dinner at Ruth Chris Steakhouse during the 2015
Transactions conference (collaboration with the Real Estate and Public
Health Systems Affinity Groups).

An upcoming networking dinner being planned to occur during the
2015 AHLA Annual Meeting.

2nd Annual FMV Year in Review – The FMV Affinity Group planned content
and speakers for this well received program, held at the 2015 Physicians and
Hospitals Law Institute.

Social Media Initiative – In collaboration with AHLA staff and the Practice
Group’s Chair of Social Media, the FMV Affinity Group launched a social media
initiative to help our members stay abreast of developments, news and events
that relate to FMV in healthcare transactions. The AG’s team of volunteer
tweeters has been providing updates to practice group members on new
developments related to FMV in healthcare transactions, and also AHLA events
and resources that have FMV content.

Member Alerts and Member Education: Through a team of volunteer authors
and speakers, the AG has been working to provide member alerts, publications
and other educational materials focusing on developments and topics related to
FMV in healthcare transactions. 2014-2015 activities included an article
submission to the new Affinity Group Corner of the HHS PG newsletter,
distribution of a podcast for AG members, and establishment of a member alert
committee through which a volunteer pool of drafters and reviewers will provide
alerts to members on topics related to FMV in healthcare transactions.

Other Collaborations: Through a designated workgroup, collaboration with
NACVA to plan, identify and facilitate programs that are of mutual interest to
AHLA and NACVA members.
B. Public Hospital System (“PHS”) Affinity Group – Currently led by David Weil,
Chair; Erin Snyder, Vice Chair of Membership; Keith Mauriello, Vice Chair of
Educational Programs; Nicholas Romanello, Vice Chair of Website and
Research; Jay Young, Vice Chair of Strategic Activities; and recently appointed
Vice Chair of Publications, Lauren Jacques. The PHS Affinity Group has enjoyed
a significant increase in membership during the current program year. The PHS
Affinity Group has continued to hold educational teleconferences on significant
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issues facing public hospitals and health systems. The PHS Affinity Group’s biannual general membership meeting was exceptionally well attended and
included a presentation on clinically integrated networks and bundled payments.
That presentation was followed up by an interview of the presenter. Interviewers
included the Chair of the Fair Market Value Affinity Group and the Chair of the
ACO Task Force. The interview was submitted for publication in the Hospitals
and Health Systems Practice Group’s newsletter. The goal is to apply this same
model, presentation followed up by publication, for other webinars.
The PHS Affinity Group has continued to serve as a liaison between the AHLA
and the Centers for Disease Control and Prevention (“CDC”) Public Health Law
Program (“PHLP”) in a successful collaborative effort for the AHLA and the CDC
to co-sponsor several webinars on topics of interest to a significant number of
health lawyers nationwide. These included a well-attended three-part roundtable
series on Health System Transformation, a webinar with record-breaking
attendance on Ebola and the Law, and a well-attended three-part roundtable
series on Medical Ethics, Public Health Ethics and the Law. The PHS AG Chair
and Vice Chair of Educational Programs met in person with the eight lawyers of
the CDC PHLP to discuss a myriad of topics, including educational programming.
A six-part webinar series is now being planned. Topics include (1) federally
qualified health centers and rural health clinics, (2) healthcare quality, (3)
prescription drug overdose, (4) community health needs assessments in the
context of ACA implementation, (5) flu vaccination and (6) Ebola. Four of the
webinars have been approved for Public Interest status, and efforts are under
way to qualify the other two.
The PHS Affinity Group has continued to actively use Twitter as a social media
tool in conjunction with the webinars. The PHS Affinity Group co-sponsored
networking dinners at the Legal Issues Facing Academic Medical Centers and
Other Teaching Institutions, the Physicians and Hospitals Law Institute and the
Health Care Transactions Program. The PHS Affinity Group is currently working
with the other affinity groups to co-sponsor a networking event at the Annual
Meeting. There are also plans to submit entries for publication within the new
Affinity Group Corner section of the HHS PG Newsletter and to make
improvements, including updates as to its accomplishments and objectives, to
the PHS Affinity Group’s website.
The PHS Affinity Group Vice Chair of Membership is scheduled to end her term
at Program Year end, so a Call for Volunteers has been promulgated.
Candidates will be screened and a new Vice Chair of Membership will hopefully
be installed as soon as possible to succeed Erin Snyder, who has done an
outstanding job, having more than quadrupled membership during her tenure.
C. Real Estate Affinity Group – Led by Andrew Dick (Chair) – The Real Estate AG
helps members with unique healthcare real estate issues, and are planning
several programs for upcoming AHLA seminars.
The Real Estate AG had a strong year. The Real Estate AG rejuvenated its
leadership team by adding three (3) new Vice Chairs. The new Vice Chairs
include Nancy Bukovic (Mercy Health), Margaret Van Meter (Trinity Health), and
Monte Crockett (Intermountain Healthcare). Kevin Howard (Community Health
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Systems) returned for another term as Vice Chair as well. The new Vice Chairs
have brought new ideas and energy to the AG. The leadership team also
participated in succession planning in light of the fact that Andrew Dick and Kevin
Howard will be rolling off this year. Nancy Bukovic has been recommended to the
AHLA board to serve as the Chair. Sandi Krul (Hooper Lundy) has been
recommended to the AHLA board to fill Nancy's Vice Chair position.
The Real Estate AG is working on the following initiatives:

Toolkit – Fair Market Value Toolkit for Real Estate Leasing
Arrangements – The Real Estate AG agreed to co-sponsor the creation of a
fair market value toolkit with the Fair Market Value Affinity AG. The toolkit will
be a resource for practitioners attempting to establish fair market rental rates
for leasing arrangements. The toolkit was completed and published on the
AHLA website in January 2015.

Webinar – Introduction to the Fair Market Value Toolkit – In connection
with the creation of the toolkit described above, the Real Estate AG cosponsored a webinar with the Fair Market Value AG that was designed to
introduce the toolkit to AHLA members and to discuss fair market value
issues affecting leasing arrangements. The webinar was hosted by AHLA on
January 21, 2015. The webinar was presented by Monte Crockette
(Intermountain Healthcare), Shane Goss (Huron Consulting), Dean Hobart
(National Property Valuation), and Andrew Dick (Hall Render).

In-Person Education – Health Care Transactions Conference – The Real
Estate AG sponsored an in-person presentation at the Health Care
Transactions Conference in April 2015 entitled Real Estate Due Diligence:
What Every Buyer Needs to Know When Acquiring Another Hospital, Health
Care System, Medical Group or Other Health Care Provider. The presentation
was given by Evan Goldfarb (Thompson Coburn), Sue Monaco (Tenet
Healthcare) and Andrew Dick (Hall Render). It was very well received by
attendees.

AG Luncheon – Health Care Transactions Conference – The Real Estate
AG co-sponsored a networking luncheon with the FMV AG and the Public
Health Systems AG at the AHLA Transactions Conference in 2015 for its
members.
Assessment: Our Affinity Groups increasingly represent an opportunity for newer
and younger members of the AHLA to find ways to develop professionally, to
become involved, and to develop as members of our association. Emily Grey, Vice
Chair of Strategic Activities, serves as a liaison to AGs and attends monthly
leadership calls with each group in an effort to support their activities and offer
guidance and ideas. Notably, from the start of FY2014 to May 1, 2015:



FMV AG membership grew by 68% (from 132 to 215 members),
PHS AG membership grew by 92% (from 61 to 117 members), and
Real Estate AG grew by 25% (from 106 to 133 members).
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We are particularly pleased to have significantly increased activity, membership, and
collaboration in each of our three AGs. We anticipate that AG will continue to grow
and serve as a forum for their respective memberships.
6. Task Forces:
The HHS PG has participated in the following three task forces during the 20142015 program year:
A. Accountable Care Organization (“ACO”) Task Force - The HHS Practice
Group was the prime mover behind the conception, formation and
operationalization of the AHLA ACO Task Force and continues its involvement as
the Task Force plans educational activities resulting from recent regulatory
activities.
B. Enterprise Risk Management (“ERM”) Task Force – The ERM Task Force has
continued its educational offerings to its membership this year.
C. Health Care Reform Educational Task Force – The PG continues its ongoing
participation in the Association-wide effort to educate AHLA members on the
impact of the Affordable Care Act and associated developments therewith. The
primary objective of the Task Force for program year 2014-2015 is to proactively
address the sponsoring PGs’ members’ emerging professional issues in dealing
with health care reform. Although the Task Force continues to focus on policy
initiatives at the federal level, the group also wishes to become a resource for
membership on state health care reform issues and to focus on evolving legal
issues arising as a result of federal and state reform on access to, delivery of,
and the financing of health care. With these guidelines in mind, the goals of the
Task Force for the program year have been as follows:

Reconnect with Task Force and sponsoring PG members by: (i) surveying
sponsoring PGs as to how the Task Force can best assist them; and (ii)
surveying the Task Force membership regarding emerging areas of law to
which they would like to see the Task Force direct its attention;

Provide a member resource that addresses state health care reform
(insurance exchange, Medicaid reform, etc.) in certain bellwether states
(California, Arkansas, Kentucky, Vermont, Mass, Washington, Texas and
Florida) with the goal to provide insight as to what the states are doing and
what lessons other states can learn. This effort may evolve into several
different resources for members, including webinars, white papers, and/or a
50 state survey.

Identify sponsorship opportunities for sponsoring PGs and opportunities
where the Task Force can sponsor PG activities, with the goal of cosponsoring 4 webinars and hosting 4-6 webinars or brown bag lunches;

Identify upcoming policy issues related to health care reform of interest to
Task Force members and develop such issues into webinars and brown
bags;
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
Continue with Health Care Reform Weekly Update; and

Under the leadership of new Social Media Coordinator, Amy Saunders,
manage seven twitter volunteers and update web content. The Task Force’s
Twitter handle is @AHLA_HCR.
Since the 2014 Annual Meeting, the Task Force has sponsored or co-sponsored
eight of webinars listed in Section 1 above, as described at the following numbers: 1,
5, 7, 8, 10, 13, 33, and 38.
D. Behavioral Health Task Force: In 2013, HHS joined a majority of the other PGs
to sponsor a new Behavioral Health (BH) Task Force. The BH Task Force was
launched to advance the understanding of laws impacting behavioral health,
which touches on almost all the PGs. The Task Force has provided valuable
educational content including seven email alerts on behavioral health issues
since July 2014 as well as an Executive Summary entitled “Mental Health Parity
and Insurance Coverage for Applied Behavioral Analysis Therapy” released in
March 2015.
Assessment: Our Task Force affiliations have produced valuable results for our PG
members this year, and will continue to be a central part of PG activities into the next
program year.
7. Other Strategic Initiatives & Special Projects
A. HHS PG Strategic Plan. Starting in 2009, at the beginning of each Program
Year the HHS PG has adopted a formal Strategic Plan for PG activities and
efforts during the upcoming Program Year. The development of the PG Strategic
Plan formalizes our objectives with respect to various new initiatives. For
example, in 2014-15, we included objectives related to webinars to be produced,
increased collaboration with other PGs, the Leadership Development Program,
the open member calls with PG leadership, enhancing Affinity Group initiatives,
and documentation of PG best practices. PG Members have been encouraged
to submit their ideas for inclusion in the Strategic Plan.
B. PG BEST PRACTICES. The HHS PG has assisted the PG Board Committee in
this project. Previously, Mary Beth Fortugno, Vice Chair for Special Projects,
worked with HHS PG leadership to develop a summary of best practices for PG
leaders. Additionally, Emily Grey, Vice Chair of Strategic Activities assisted with
the development of a chapter on Best Practices for Membership Vice Chairs.
Further, Social Media Coordinator, Tom Donohoe assisted with a social media
chapter for the PG Best Practices Guide and spoke at an AHLA brownbag
meeting on social media. Further, Tom Donohoe has recently undertaken the
role of PG Chair of Social Media.
C. LAW SCHOOL CURRICULUM STEERING COMMITTEE. The HHS PG has
participated in The Health Law Curriculum Task Force which has been
researching, conducting surveys, and developing a resource that aims to aid law
schools in producing students substantively ready to practice health law upon
graduation and to support the schools' efforts in integrating skills development
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into their curricula. The Committee produced a final draft of the resource in
2014, and it is hoped that this resource will represent the beginning of a longterm collaboration that will foster greater development of, and continuous
improvement in, health law curricula.
D. REPRESENTING HOSPITALS AND HEALTH SYSTEMS GUIDE BOOK. The
HHS PG leadership has assisted with the development of a new publication,
Representing Hospitals and Health Systems Guide Book. Vice Chair of
Publications, Andy Murray, and Vice Chair of Strategic Activities, Emily Grey, are
focusing on this project, with Emily Grey serving as both a Coordinating Editor of
the publication and a liaison for the HHS PG to the project. Publication is
expected in the 2015-2016 Program Year.
Assessment: The HHS PG has participated in a number of projects of interest to
the membership and is engaged in several strategic initiatives. The Strategic
Planning and evaluation process remains well received by the PG’s leadership, our
Board liaison, and the PG membership. The PG’s overall goal is to achieve 90% of
the Strategic Plan’s objectives during the Program Year and we believe we have met
or exceeded that goal. Special thanks to Strategic Activities VC Emily Grey, as well
as Cynthia Alcantara, the LDP participant working with Strategic Activities who have
endeavored to ensure that we continually focus our efforts on the Plan’s Objectives,
so as to help us to deliver the best product and experience to our PG members, and
also to help us ensure that we wisely use the resources allocated to us by the Board
of Directors.
8. 2015-2016 Outlook
The HHS Practice Group’s leadership continues to be driven by the need to
deliver real, identifiable value to our members. We focus our efforts on delivering the
critical “takeaways” of value, practical work product, and meaningful opportunities to our
members. Consequently, we are gratified by the high marks and large turnout that our
programs and initiatives have received to date, and we are dedicated towards
continuing and improving this level of performance into the coming program year.
Finally, as Chair of this Practice Group, I would like to acknowledge the
phenomenal efforts and dedication of our Vice Chairs and AG leaders: Andy Murray,
Mary Beth Fortugno, Chip Hutzler, Emily Grey, Nicole DiMaria, Tom Donohoe and
Andrea Ferrari, Kelly Anderson, Curtis Bernstein, Shane Goss, Lyle Delrich, Joseph
Wolfe, Andrew Dick, Kevin Howard, Nancy Bukovic, Margaret Van Meter, Monte
Crochett, David Weil, Erin Snyder, Keith Mauriello, Jay Young, Nick Romanello, and
Lauren Jacques as well as all our LDP participants Amy Kaufman, Christy Jordan,
Cynthia Alcantara, Jonathan Ishee, Marta Hoffman, TJ Ferrante, Trent Krienke, and
Valita Fredland for the help they provided. And special thanks to Jonathan Ishee as an
LDP participant who has been helping me with my duties as the Chair of the practice
group. I would also like to express the HHS PG’s appreciation for Jim Boswell for his
enthusiasm and advice as AHLA Board Liaison, to BOD PG Committee Chair; Ed Shay
for his continued guidance and support, and to the dedicated AHLA PG staff who
enable the HHS PG to run smoothly and effectively, including, but certainly not limited to
Trinita Robinson, Crystal Taylor, Magda Wencel, Brian Davis, Denis Vidal, K.J. Forrest,
and Arnaud Gelb. Without these incredibly hard workers, the HHS PG could not hope
to deliver the breadth and depth of high quality content that has become our hallmark.
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Respectfully Submitted,
Hal McCard, Chair
cc:
Trinita Robinson – AHLA Practice Group Liaison
Jim Boswell – AHLA Board Liaison
Chip Hutzler – Membership Vice Chair
Mary Beth Fortugno – Education Program Vice Chair
Andy Murray – Publications Vice Chair
Emily Grey – Strategic Activities Vice Chair
Nicole DiMaria – Research and Website Vice Chair, Special Board Projects
Tom Donohoe – Social Media Coordinator
Amy Kaufman, LDP Participant
Christy Jordan, LDP Participant
Cynthia Alcantara, LDP Participant
Jonathan Ishee, LDP Participant
Marta Hoffman, LDP Participant
TJ Ferrante, LDP Participant
Trent Krienke, LDP Participant
Valita Fredland, LDP Participant
Andrea Ferrari, Fair Market Value AG Chair
David Weil, Public Health Systems AG Chair
Andrew Dick, Real Estate AG Chair
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