HEALTHCARE DISPUTE RESOLUTION 2016 AAA INNOVATION AND STRATEGY CONFERENCE ALTERNATIVE DISPUTE RESOLUTION (ADR) EVOLVES ALONGSIDE HEALTHCARE FIELD
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1 2016 AAA HEALTHCARE DISPUTE RESOLUTION November 4, 2016 Talking Stick Resort and Spa, Scottsdale, AZ ALTERNATIVE DISPUTE RESOLUTION (ADR) EVOLVES ALONGSIDE HEALTHCARE FIELD Healthcare in the United States today continues to change with the many mandates and pressures to reduce cost. Listen to, engage with, and learn from a wide range of experts on how they are preparing to avoid, manage, and resolve the timeliest healthcare-related disputes. and attendees include representatives from all areas of the healthcare field, including physicians, hospitals, institutions, and other providers; health plans, medical device companies, and health information organizations; and the executives and in-house/outside counsel of these entities. FROM ATTENDEES OF THE 2014 AAA HEALTHCARE CONFERENCE IN DALLAS: This conference is distinctive. It combines quality content on healthcare issues and trends with a specific focus on the application of those issues and trends in the ADR context. A great program for lawyers who practice or want to practice at or near the intersection of healthcare and ADR. Outside Counsel This was a great event for keeping abreast of ADR trends in healthcare law. I especially appreciated hearing tips from neutrals and arbitrators about how to be better advocates for my business clients, and cost-saving tips for more efficient arbitrations. In-House Counsel The quality of the topics coupled with the distinguished faculty make this conference one of the best in the field. The program provided useful and current information for healthcare attorneys as well as equally great opportunities to network with peers and potential clients. Outside Counsel CORPORATE SPONSORS Cooperating Sponsor 1
2 PROGRAM AGENDA Friday, November 4, :30 8:00 AM 8:00 8:15 AM Registration and Breakfast Welcome and Opening Remarks Michelle M. Skipper, Vice President, American Arbitration Association (AAA); Charlotte, NC Conference Chairs Jeff Bromme, Senior Vice President & Chief Legal Officer, Adventist Health System; Altamonte Springs, FL Ed Neugebauer, Deputy Chief Legal Officer & Head of Litigation, Aetna; Blue Bell, PA 8:15 9:15 AM Rising Issues and Trends in Healthcare Disputes Many healthcare disputes lend themselves to resolution through ADR. In this session, the panel will review trends in litigation and arbitration, including: preemption decisions made by arbitrators; enforcement of prior rulings and/or settlements in subsequent cases; application of ADR to issues arising in mergers, acquisitions, and consolidations; cases involving governmental or public entities; instances where payor-provider roles are reversed; and discovery requests and circumstances that more frequently arise in healthcare disputes. Jonathan M. Herman, Managing Member, Herman Law Firm; Dallas, TX Courtney C. Hill, Partner, Gordon Rees; Los Angeles, CA James J. McCarrie, II, Provider Litigation Counsel, Aetna; Blue Bell, PA Leon N. Patricios, Shareholder, Zumpano, Patricios & Winker, PA; Miami, FL 9:15 10:00 AM Innovative Conflict Resolution in Hospitals and Health Networks The use of a Hospital Mediation and Conflict Resolution Officer is a pioneering approach to resolving conflicts within a hospital. Through case examples and discussion, participants will learn about resource allocation, practice agreements between medical departments, and disruptive relational issues between provider groups and staff and how this alternative approach to conflict resolution also can be utilized by healthcare providers for disputes with third parties. Melinda (Mindy) Hatton, General Counsel, American Hospital Association; Washington, D.C. Christian Schafer, Associate Counsel, Trinity Health; Livonia, MI Martin Stillman, MD, JD, Mediation & Conflict Resolution Officer, Hennepin County Medical Center; Minneapolis, MN 2
3 PROGRAM AGENDA Friday, November 4, 2016 (Cont.) 10:00 10:15 AM 10:15 11:45 AM Networking Break Expert Strategies for Streamlining Healthcare Arbitrations The members of this panel possess the combined experience of several hundred arbitration cases. Who better to discuss ideas, tips, and solutions for every stage in the life of an arbitration case? Emphasis is on limiting case parameters in order to cost effectively reach a resolution, the use of statistics and analysis to structure a claim or case efficiently, final hearings and the presentation of evidence, and post-hearing briefing and forms of awards. Alan D. Lash, Partner, Lash & Goldberg; Miami, FL Hon. Bruce Meyerson (Ret.), Mediator and Arbitrator; Phoenix, AZ Jonathan D. Rose, Esq., Senior Litigation Counsel, HCA; Nashville, TN Paul Weller, Head of Provider Litigation, Aetna; Blue Bell, PA Dimitri Zgourides, Partner, Andrews Kurth LLP; Houston, TX 11:45 AM 1:30 PM Lunch Awards Presentations Keynote Speaker: Kenneth R. Feinberg Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenge 1:30 3:00 PM Closing the Gaps Drafting Effective ADR Clauses Proactive clause drafting can assist in ultimately reaching a more efficient resolution of an arbitrated dispute. The panel will explore best practices for preparing well-drafted ADR clauses, recommend tools, and reflect on their past experiences to help attorneys draft efficient ADR clauses tailored to meet a client s expectations and needs. Pierre H. Bergeron, Partner, Squires Patton Boggs; Cincinnati, OH Kevin Feder, Counsel, O Melveny; Washington, DC Michelle Johnson Tidjani, Deputy Chief Legal Officer, The Cleveland Clinic Foundation; Cleveland, OH Joe Don Ridgell, Senior Counsel, Managed Care, Tenet Healthcare; Dallas, TX Eric P. Tuchmann, General Counsel & Corporate Secretary, American Arbitration Association; New York, NY 3
4 PROGRAM AGENDA Friday, November 4, 2016 (Cont.) 3:00 3:15 PM 3:15 4:30 PM Networking Break You ve Heard Follow the Money Now Follow the Numbers! Numbers tell stories. This interactive discussion demonstrates how the analysis of time, cost, survey results, and other statistics from past AAA healthcare and commercial cases can depict arbitration trends and best practices. Akure Ahaghotu Paradis, Counsel, Humana Inc.; Louisville, KY Ryan Boyle, Vice President Statistics & In-House Research, American Arbitration Association; Voorhees, NJ Christopher Flynn, Partner, Crowell Moring; Washington, D.C. Michael M. Maddigan, Partner, Hogan Lovells; Los Angeles, CA Christopher Zaetta, Deputy General Counsel, UnitedHealthcare; Minnetonka, MN 4:30 4:45 PM Closing Remarks CORPORATE SPONSORS Cooperating Sponsor 4
5 DISTINGUISHED FACULTY CONFERENCE CHAIRS Jeff Bromme Senior Vice President & Chief Legal Officer, Adventist Health System; Altamonte Springs, FL Ed Neugebauer Deputy Chief Legal Officer & Head of Litigation, Aetna; Blue Bell, PA FACULTY Pierre H. Bergeron Partner, Squires Patton Boggs; Cincinnati, OH Ryan Boyle Vice President Statistics & In-House Research, American Arbitration Association; Voorhees, NJ Kevin Feder Counsel, O Melveny; Washington, DC Christopher Flynn Partner, Crowell Moring; Washington, D.C. Melinda (Mindy) Hatton General Counsel, American Hospital Association; Washington, D.C. Jonathan M. Herman Managing Member, Herman Law Firm; Dallas, TX Courtney C. Hill Partner, Gordon Rees; Los Angeles, CA Alan D. Lash Partner, Lash & Goldberg; Miami, FL Michael M. Maddigan Partner, Hogan Lovells; Los Angeles, CA James J. McCarrie, II Provider Litigation Counsel, Aetna; Blue Bell, PA Hon. Bruce Meyerson (Ret.) Mediator and Arbitrator; Phoenix, AZ Akure Ahaghotu Paradis Counsel, Humana Inc.; Louisville, KY Leon N. Patricios Shareholder, Zumpano, Patricios & Winker, PA; Miami, FL Joe Don Ridgell Senior Counsel, Managed Care, Tenet Healthcare; Dallas, TX Jonathan D. Rose, Esq. Senior Litigation Counsel, HCA; Nashville, TN Christian Schafer Associate Counsel, Trinity Health; Livonia, MI Martin Stillman, MD, JD Mediation & Conflict Resolution Officer, Hennepin County Medical Center; Minneapolis, MN Michelle Johnson Tidjani Deputy Chief Legal Officer, The Cleveland Clinic Foundation; Cleveland, OH Eric P. Tuchmann General Counsel & Corporate Secretary, American Arbitration Association; New York, NY Paul Weller Head of Provider Litigation, Aetna; Blue Bell, PA Christopher Zaetta Deputy General Counsel, UnitedHealthcare; Minnetonka, MN Dimitri Zgourides Partner, Andrews Kurth LLP; Houston, TX 5
6 REGISTRATION FORM 5 WAYS TO REGISTER REGISTER ONLINE: Go to PHONE: Call Sarah Burris Clayton at Sarah Burris Clayton at ClaytonS@adr.org. FAX: Print completed form and fax to Sarah Burris Clayton at MAIL: Download completed form and mail to: American Arbitration Association Questions about the conference contact Michelle Skipper 6000 Fairview Road, Suite 1200 at or SkipperM@adr.org Charlotte, NC Attn: Sarah Burris Clayton REGISTRATION POLICY: Full payment must be received in order to process registration. Conference registration fees include admission to all sessions, course materials, breakfast, luncheon, and breaks as outlined in the program agenda. REFUND POLICY: Refunds (less a $125 non-refundable fee) are available if a written cancellation request is received no later than October 24, Substitutions of attendees can be made at any time. FEES Registration (select one) $450 USD until September 1, 2016 ($75 Savings!) $525 USD after September 1, 2016 CLE INFORMATION West LegalEdcenter is procuring continuing legal education (CLE) credits on behalf of American Arbitration Association. This program is currently available for CLE credits in Arizona, California, Florida, Illinois, Indiana, Kentucky, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Tennessee, and Texas. Credit amounts vary by attendance verification and jurisdictional rules. ACE CREDIT INFORMATION This Program will satisfy 2016 Arbitrator Continuing Education (ACE) requirements for AAA neutrals. ACCOMMODATIONS A block of rooms has been reserved at a discounted rate of $175.00, plus tax. To receive the special conference rate, please reference booking ID# when making your reservation. After October 15, 2016, any new room reservations or changes to existing room reservations will be accepted based upon space and rate availability. Phone: REGISTRATION FORM Please type or print. Name: Job Title: Company: Address: City: State: Zip Code: Country: Telephone: Fax: Method of Payment Paying by Check # Make check payable to the American Arbitration Association. Visa Mastercard American Express Name on Card: Card Number: Expiration Date: (Mo/Yr) CSV Number*: Billing Address if different from above: Signature: Date: *The three-digit code on the back of VISA and Mastercard cards and the four-digit code on the front of American Express cards. PROGRAM #: ED O
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