July 30-
August 2, 2008
Oklahoma City

33rd Annual Convention & Exhibition

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Tracks
Healthcare

Scroll down or click on the subjects below to review the descriptions and speaker biographical information.
Unmasking the Healthcare System Healthcare Regulatory  Issues Healthcare Litigation

Sessions & Descriptions

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 nation’s 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.

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
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.

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  
• Bona fide employment relationships
 
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.
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.

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

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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