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Health Law & Litigation
The health care industry remains in a state of flux. Most can agree that aspects of it are broken but few if anyone can agree or even articulate how to fix it. This has lead to unprecedented public policy debates, regulation, enforcement and audit activity. In this process, issues of privilege, be it the attorney-client privilege or peer-review privilege are commanding more attention. In addition we are seeing unprecedented competition among those with the authority to regulate the industry. Questions as to the limits of that power are beginning to be raised. As these issues are being debated, some have begun the hard task of trying to define the perfect health care system. The changes needed to make the modern American health system a more perfect union of patients, employers, plans and providers will require us to fundamentally rethink our existing legal paradigm. This conference will focus on these key themes of health care reform, privilege, power and the pursuit of perfection.
Agenda 
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Day One: Thursday, May 16
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Session |
Panelists |
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08:00-08:30
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Continental breakfast
Guests welcome.
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08:30-08:45
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Overview of conference and morning session - Should privilege cede to power? Quality?
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Braman,
Roth,
Tretheway
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08:45-10:15
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The Attorney-Client Privilege – Is Anything Secret Anymore? Should It Be? Government’s view; lessons from tobacco
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Bergstrom,
Lawson,
McDermott,
Tretheway,
Winn
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10:15-10:30
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Morning break.
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10:30-12:15
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The Peer Review and Self-Evaluation Privileges–How can we fix things if we are afraid to talk about them? Why are we afraid?
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Butts,
Isham,
Lawson,
Pelliccioni,
Tretheway
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12:15-01:00
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Lunch
Provided.
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01:00-01:05
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Intro to Afternoon Session: Do the Ends of Health Care Enforcement Justify the Means? Are the Means Justifiable at All?
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Roth
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01:05-02:30
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Is the Government’s Use of the False Claims Act in Health Care Cases Unconstitutional?
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Roth,
Salcido
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02:30-03:15
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Are State Government Enforcement Actions Necessary; Excessive? Why Won’t the Feds Preempt State Law?
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Bergstrom,
Butts,
Kanner,
Lawson,
McDermott,
Rocke
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03:15-03:30
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Afternoon break.
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03:30-05:00
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Are Federal Government Enforcement Actions "Evidence-Based?"
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Kanner,
Noether,
Pelliccioni,
Rosen,
Roth
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05:00-07:00
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Champagne and Hors d’oeuvre Reception with Faculty
Guests welcome.
Hosted by Charles River Associates.
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Day Two: Friday, May 17
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Session |
Panelists |
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07:30-08:00
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Continental breakfast
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08:00-08:15
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Intro to Morning Session: Who Should Regulate Quality; How Can We Pursue a More Perfect Health Care System?
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Tretheway
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08:15-10:00
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Is the Government’s Use of the False Claims Act in Quality Actions Proper?
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Butts,
Roth,
Salcido,
Winn
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10:00-10:15
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Morning break.
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10:15-11:00
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A View from the Hill: Do They Careabout Quality; Patient Bill of Rights and other Legislative Updates
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Rosen
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11:00-12:00
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Keynote: Can Health Care Be Transformed – Crossing the Quality Chasm
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Isham
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12:00-12:30
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Lunch
Provided.
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12:30-02:00
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Legal Implications of Crossing the Quality Chasm
Panel discussion.
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Kanner,
Rocke,
Roth,
Tretheway
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02:00-02:30
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What Do You Tell your Client? Should they be afraid to swim in the quality waters? Must privilege yield to power? How Can Lawyers Help Facilitate the Pursuit of Perfection?
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Roth,
Tretheway
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Panelists
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Chair
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Robert L.
Roth
Crowell & Moring, LLP, Washington, D.C.
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Barbara
Tretheway
HealthPartners, Bloomington, MN
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Faculty
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Katie
Bergstrom
Gray Plant Mooty, Minneapolis, MN.
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Edna Ramon
Butts
Office of the Texas Attorney General, Austin, TX.
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George J.
Isham
HealthPartners, Bloomington, MN.
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Sheree
Kanner
Office of the General Counsel, Department of Health and Human Services, Washington, D.C.
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Rodney H.
Lawson
Carrington Coleman Sloman & Blumenthal, Dallas, TX.
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Robert F.
McDermott
Jones Day Reavis & Pogue, Washington, D.C.
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Monica G.
Noether
Charles River Associates, Boston, MA.
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Lori S. Richardson
Pelliccioni
PricewaterhouseCoopers, Los Angeles, CA.
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Sidney
Rocke
Office of the Inspector General, Washington, D.C.
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Dean A.
Rosen
United States Senate Subcommittee on Public Health, Washington, D.C.
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Robert
Salcido
Akin Gump Strauss Hauer & Feld, L.L.P., Washington, D.C.
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Peter A.
Winn
Office of the U.S. Attorney, Dallas, TX.
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