Telepharmacy: the Next Future in Telemedicine? —Page 18 the Future of the General Acute Care Hospital—Page 10 Compliance Corner—Page 32
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February 2019 Volume 23 Issue 2 For the health and life sciences law community Feature Title (page xx) Secondary Title (page xx) Secondary Title (page xx) Telepharmacy: The Next Future in Telemedicine? —page 18 The Future of the General Acute Care Hospital—page 10 Compliance Corner—page 32 OFFICIAL MAGAZINE OF AMERICAN HEALTH LAWYERS ASSOCIATION RSVP TODAY APRIL 11, 2019 ENGAGE » SHARE » ENCOURAGE AHLADAY Atlanta | Denver | Nashville | Washington, DC AHLA Day is an opportunity to engage with your colleagues by promoting your involvement in the Association, share why you belong and what you gain from your affiliation, andencourage your colleagues to join you. Join us on April 11th in Atlanta, Denver, Nashville, or Washington, DC for a networking reception with fellow AHLA members and those interested in joining our community. Additionally, a variety of other networking events will be held across the country—if there isn’t one in your city, let’s plan one! Don’t forget to bring a colleague! Pass along the AHLADAY19 coupon code to your colleagues and they will save $50 when they join now through April 11th! Visit www.healthlawyers.org/AHLADay for more details! Thank you to our AHLA Day 2019 sponsors for their generous support. Platinum Sponsor: Firm Sponsors: Showcase your firm’s leadership and invest in AHLA Day 2019 today. Contact Valerie Eshleman at [email protected] for more information on sponsorship or hosting an event in your area. First Reflections AHLA Navigates Change with Continuing Commitment to Excellence As the AHLA Board of Directors met in January for in-house, academia, compliance officers, etc.). I expect that its mid-year meeting, I was again thankful for the depth a final decision on the Board size will be made before the of commitment to AHLA shown by its numerous volunteers Annual Meeting in Boston and that any reduction will be and AHLA staff. Our focus is always on how best to serve the phased in over time. educational and other needs of our members while also serving Other proposals for governance changes focus on Board as a resource on select public interest issues. I am happy to committees. For example, while many AHLA activities fall report that due to the continuing work of so many of you, under the general heading of education, the educational AHLA continues to be the “go to” resource for excellent resources have often been overseen by committees that reflect educational health law content and a provider of important the way in which the particular resource is delivered to public interest resources. members. As a case in point, if the information is provided at One key initiative over the last two years has been to look an in-person meeting, it is currently overseen by the Programs at the governance of AHLA itself in light of association best Committee; a written publication is handled by the Profes- practices and the specific needs of our members. Last year this sional Resources Committee. One proposal is to change project resulted in the adoption of shorter term limits for new our committee structure to have an overarching Education members of Practice Groups, Program Planning Committees, Committee so that AHLA can oversee all educational resources and other volunteer groups in order to offer more opportunities regardless of how they are delivered to members. We expect that for volunteers to participate in these groups. Building on the this will make it easier to coordinate and maintain the excellent work of the Diversity+Inclusion Council, tools and training quality of AHLA resources upon which our members rely. were also provided to the leaders of AHLA’s volunteer groups In addition, the Public Interest Committee is looking at the so they could better achieve AHLA’s diversity and inclusion scope of its activities and how best AHLA may serve its public goals. These efforts have already shown significant results interest commitment. An evaluation of our dues structure and thanks to everyone’s efforts. branding is also underway by the Membership and Practice Our focus on corporate governance includes a review of Group Committees. the Board of Directors itself and its committee structure. A As many of you know from your work with clients and other special committee comprised of both Board and non-Board organizations, good corporate governance can be key to the long- members has been working for many months to determine term success of an organization. While evaluating these possible possible changes, with several submitted for continuing input changes, AHLA Board members and staff are committed to at the mid-year Board meeting. The Board has received advice continuing to provide excellent member benefits in a collegial from governance consultants and reviewed materials from environment as we all have come to expect from AHLA. the American Society of Association Executives. Yes, there is I look forward to providing further updates as this process even an association for association executives, which makes continues. sense given the complex and changing environment in which associations operate. Specific proposals include a possible reduction in the size of the Board, which the current By-Laws provide may be comprised of up to 28 directors. Best practices for nonprofit associations suggest that an optimal Board size may be smaller. However, key considerations for AHLA include the desire for input from a diverse group of directors in keeping with our Diversity Statement, which confirms that we value and seek to advance and promote diverse and inclusive participation “regardless of gender, race, ethnicity, religion, age, sexual orientation, gender identity and expression, national origin, or disability.” In addition, AHLA seeks to have its leadership Marilyn Lamar reflect a diversity of practice areas, geographic locations, and President, FY19 practice settings (e.g., large firm, small firm, solo practice, [email protected] healthlawyers.org 1 Contents HEALTH CARE ARBITRATION 10 The Future of the General TRAINING Acute Care Hospital March 20-21, 2019 William T. Marshall considers how Baltimore, MD various factors may shift the control of the continuum of care from payers to consumers, and the potential implications and opportunities for general acute care hospitals. 18 Telepharmacy: The Next Future in Telemedicine? Darshan Kulkarni, Anjali B. Dooley, and Health Care Arbitration Training| March 20-21, 2019 | Baltimore, MD| Erin Grant discuss what telepharmacy Page 6 is and how it works, including its advantages, potential barriers to widespread use, and the laws shaping telepharmacy practice. 32 Compliance Corner: Building an Effective Compliance Program with Limited Resources Board of Directors PRESIDENT *Marilyn Lamar, Liss & Lamar PC, Oak Brook, IL PRESIDENT ELECT *Robert R. Niccolini, Ogletree Deakins, Washington, DC PRESIDENT-ELECT DESIGNATE *S. Craig Holden, Baker Donelson PC, Baltimore, MD IMMEDIATE PAST PRESIDENT *Eric Zimmerman, McDermott Will & Emery LLP, Washington, DC Departments *Timothy B. Adelman, Hall Render Killian Heath & Lyman PC, Annapolis, MD Mark A. Bonanno, Oregon Medical Association, Portland, OR *Dawn R. Crumel, Vanderbilt University Medical Center, Nashville, TN Gregory E. Demske, DHHS Office of the Inspector General, Washington, DC 1 First Reflections Kirk L. Dobbins, Kaiser Foundation Hospitals/Health Plan, Portland, OR Todd M. Ebersole, OptumRx Inc, Irvine, CA 6 Connections to Learning James F. Flynn, Bricker & Eckler LLP, Columbus, OH Anne W. Hance, BlueCross BlueShield of Tennessee, Chattanooga, TN Maryam Khotani, Pharmacyclics, an AbbVie company, Sunnyvale, CA 7 Focus On Mark S. Kopson, Plunkett Cooney PC, Bloomfield Hills, MI Joanne R. Lax, Southfield, MI 8 Member Service Amy S. Leopard, Bradley, Nashville, TN Kim Harvey Looney, Waller Lansden Dortch & Davis LLP, Nashville, TN 16 Member News Patricia A. Markus, Nelson Mullins Riley & Scarborough LLP, Raleigh, NC R Harold McCard Jr., Quorum Health Corporation, Brentwood, TN Linda Sauser Moroney, Manatt Phelps & Phillips LLP, Chicago, IL 26 Women’s Network *Cynthia Y. Reisz, Bass Berry & Sims PLC, Nashville, TN Asha B. Scielzo, American University Washington College of Law, Washington, DC 28 Communities *Thomas N. Shorter, Godfrey & Kahn SC, Madison, WI *Toby G. Singer, Chevy Chase, MD Christine L. White, Northwell Health, New Hyde Park, NY 30 Young Professionals *Executive Committee YOUNG PROFESSIONAL DELEGATE TO THE BOARD 35 Career Center Jennifer Wooten Ierardi, Northwestern Memorial Health Care, Chicago, IL EXECUTIVE STAFF David S. Cade, Executive Vice President/CEO Wayne Miller, Deputy Executive Vice President/Chief Operating Officer Cynthia Conner, Vice President of Publishing Kerry B. Hoggard, CAE, Vice President of Membership and Public Interest Anne Hoover, Vice President of Programs 2 AHLA Connections February 2019 Jon Burroughs, MD, MBA, FACHE, FAAPL A national healthcare administration consulting practice and expert witness with an emphasis in: • Physician engagement and alignment strategies • Medical Staff redesign President and CEO, The Burroughs Healthcare Consulting Network, Inc. • Physician performance management strategies Winner of the 2016 James A. Hamilton Award • Negligent credentialing/privileging/peer review for Outstanding Healthcare Management Book of the Year “Redesign the Medical • Fair/Judicial Hearings Staff-A Collaborative Approach” • Medical Staff Bylaws, Policies/Procedures, Rules Mobile: 603-733-8156 and Regulations [email protected] • Population Health