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Unmasking the Healthcare System
10:00 a.m. 12:30 Wednesday
Phillip M.
Sprinkle, 2nd, Esq.
Kaufman & Canoles, PC
Richmond, VA
This will be
an overview of the history and development of the nations healthcare
system and related systems of reimbursement. Changing methods of health
care delivery will be presented, including costs associated with delivery
of
healthcare,
changes in expectations by the public, and the foundations of
healthcare
reimbursement from Medicare and Medicaid to PPO's and HMO's. The
gamesmanship inherent in the current system will be discussed, along with
public policy considerations to be faced in the next 20-30 years, ranging
from insolvency of the Medicare system to the roles of insurance
companies.
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Philip M.
Sprinkle, 2nd,
is an attorney with the Virginia law firm of Kaufman & Canoles, PC, and
practices in both the Commonwealth of Virginia and in Florida. He is one of
approximately 100 Board Certified Health Attorneys for the entire State of
Florida. He is a
healthcare
lawyer of more than 20 years, working with all types of
healthcare
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providers from hospitals and ambulatory surgery centers, to dialysis centers and
physician practices. He assists in such matters as strategic planning, lending,
joint ventures, and acquisitions, as well as managed-care contracting, staffing
issues, credentialing, and patient rights. He has lectured before national and
regional professional groups on a range of
healthcare
issues. |
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Healthcare Regulatory Issues
9:00 a.m. Noon Thursday
Matt Aiken,
Esq.
Balch & Bingham, LLP
Birmingham, AL
This presentation will include an overview and
analysis of the Stark Law/Statute which relates to physicians in
connection with:
| Non-monetary compensation |
Preventive services |
| Fair market value |
Hospital incidental benefits |
| Hospital compliance training |
Risk-sharing arrangements |
| Lease arrangements |
Physician incentive plans |
| Personal services arrangement
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Bona fide employment
relationships
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Matt Aiken
is a partner with Balch & Bingham, LLP, where he is Chairman of the Health Law
Practice Group. He has represented healthcare providers, health services
companies, and private equity funds that invest in the healthcare industry.
Prior to beginning private practice, he was a law clerk to the Honorable Robert
B. Propst, US District Judge. |
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In 2004, he was named by the Birmingham
Business Journal as a member of its Top 40 Under 40, and is also listed
in The Best Lawyers in America. He earned a BA from the University of
Virginia in 1992 and his JD is from Georgetown University Law Center where he
was Editor-in-Chief of The Tax Lawyer. |
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Healthcare Litigation
9:00 a.m. Noon Friday
Theodore Mortell, Esq.
Peterson Bernard
Stuart, FL The presentation will include a primer
on litigating medical malpractice cases. Emphasis will be on:
| Insurance coverage |
Discovery |
| Statute of limitations |
Pre-trial preparation |
| Initial pre-suit considerations |
Damages |
| Malpractice law doctrines |
Current legal issues |
| Expert retention |
Legislation concerning medical malpractice |
The presentation will also address federal pre-emption of state claims in medical
device and drug litigation. Specifically, the presentation will discuss the
pre-emption preamble set forth by the FDA in July 2006 in which the FDA stated
its position that all state liability laws and drug labeling laws are pre-empted
by federal law, the ramifications of that position, and subsequent federal and
state law decisions in the wake of the FDA's new rule and labeling requirements.
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Ted Mortell
is managing partner of the Stuart office of Peterson Bernard, a firm
with offices throughout Florida. His primary areas of specialty are
the defense of medical malpractice and wrongful death claims. He has
defended physicians and hospitals for 19 years and has litigated many
different types of medical malpractice claims, as |
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well as product liability claims involving medial devices. He also
handles significant claims in all areas of insurance defense including
insurance coverage issues. He is a member of the Florida Bar, Martin
County Bar Association, and Palm Beach County Bar Association. He
serves on the Board of Directors of the Pine School in Florida, a
college preparatory day school. |
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