29th Annual Baird Holm LLP Health Law Forum

On 11/17/17
Posted by Chris Hughes
Categories: Upcoming Events

Please join us for the 29th Annual Baird Holm LLP Health Law Forum

Friday, November 17, 2017
7:30 a.m. - 3:45 p.m.
Complimentary for Baird Holm clients and invited guests
For questions, please contact Sarah Morris at or 402.636.8356


7:30 a.m. - 8:15 a.m.

Registration and Continental Breakfast


8:15 a.m. - 8:30 a.m.

Welcome and Introduction

Michael W. Chase


8:30 a.m. - 9:00 a.m.

What's Up, Doc, About Physician Recruitment?

Physician shortages are real and impact hospitals all over the country. The marketplace for recruiting talent is extremely competitive. Hospitals of all sizes are actively recruiting physicians to relocate to their communities and want to offer the best (and most compliant) packages possible. However, many do so without realizing the tax and employee benefit implications associated with structuring physician recruitment incentives. Is it a loan or is it compensation for services? Do we 1099 or W-2? Can it be interest-free? In this session, Andy Kloeckner and Jeremy Christensen will explain the sometimes unknown and often overlooked legal "ins" and "outs" of structuring the recruitment package.

Andrew D. Kloeckner
Jeremy T. Christensen, Baird Holm Labor and Employment Section


9:00 a.m. - 10:15 a.m.

Physician Compensation Redesign: Survey Data and Current Trends

As highlighted in the first session, the struggle to recruit providers to the Midwest and retain them is real. This session will focus on provider compensation issues – in particular, what is "commercially reasonable" and "fair market value." We are pleased to welcome Fred Horton of AMGA Consulting Services who will review AMGA survey data and highlight issues currently driving physician compensation redesign, nurse practitioner and physician assistant compensation, and principles of risk analysis in compensation design. Kelly Clarke and Tom Dean will then discuss the various legal issues surrounding the use of survey data and specific strategies for risk management.

Alex M. "Kelly" Clarke
Thomas S. Dean
Fred Horton, Chief Operating Officer, AMGA Consulting Services

10:15 a.m. - 10:30 a.m.


10:30 a.m. - 11:30 a.m.

Your HIPAA Compliance Program: Five Mistakes You Might Be Making

We've all heard that "nobody's perfect" and "there's always room for improvement." While you might not want to hear (or admit) these in the context of your HIPAA compliance activities, the Office for Civil Rights' attitude lately is you should be pretty darn close. Vickie Ahlers and Michael Chase will highlight common mistakes made by covered entities – from fundraising and marketing activities to improperly classifying business associates – and offer practical advice for closing some risky gaps in your HIPAA compliance program.

Vickie B. Ahlers
Michael W. Chase


11:30 a.m. - 12:00 p.m.

EMTALA: CMS Perception vs. Statutory Reality

You would think that with 30 years of enforcement history, we would have EMTALA down pat! But the CMS Regional Office has put a new twist on expectations for stabilization within a transferring hospital's capability. "Lateral transfers" are now risky; placing new pressure on on-call specialists. This session will review recent citations involving lateral transfers, as well as a recent Iowa case involving mental health patients that resulted in a sizable civil monetary penalty. Barbara Person and Abby Mohs will provide guidance on how you can be ready for these new enforcement pitfalls.

Barbara E. Person
Abigail T. Mohs

12:00 p.m. - 1:00 p.m.


1:00 p.m. - 2:00 p.m.

The Latest Word

This session includes the always popular, fast-paced discussion of a variety of issues affecting health care organizations.  This year's panel of Baird Holm attorneys will cover recent topics including compliance and governance issues, information privacy and security updates, employee benefits issues, and several other health care law topics.

Panel of Baird Holm Attorneys

2:00 p.m. - 2:15 p.m.


2:15 p.m. - 3:00 p.m.

The DOJ and OIG Up the Ante on Board Oversight of Compliance

After several years of issuing predictable, general guidance about the role of governing boards in overseeing compliance programs, the OIG's recent guidance packs a punch. It is prescriptive and demanding - considerably raising the expectations of governing boards. This new approach is reinforced by increased expectations found in the terms of corporate integrity agreements, questions asked as part of self-disclosures and developing case law that could erode the protections of the Responsible Corporate Officer Doctrine. Kim Lammers and Julie Knutson will explain the recent authority fueling this trend and suggest minimum requirements for meeting the new and more rigorous expectations.

Julie A. Knutson
Kimberly A. Lammers


3:00 p.m. - 3:45 p.m.

Things You Can't Do or Talk About With Your Neighbor (i.e., Competitor)—Avoiding Antitrust Issues in Day-to-Day Health Care Operations

When health care providers think of antitrust, they often think of the highly publicized decisions about hospital mergers. But antitrust laws also affect many day-to-day activities of health care providers. John Holdenried and Zach Buxton will explore those in a series of hypotheticals that highlight issues for providers. These include joint purchasing, sharing information with competitors, non-compete agreements, informal understandings on marketing in a competitor's service area, joint allocation of services, and joint price negotiation.

John R. Holdenried
Zachary J. Buxton


3:45 p.m

Adjourn and Reception

Please join us for informal networking with light appetizers and cocktails.


Forum Details

The forum and luncheon are complimentary for our clients and invited guests. As an added benefit for our out-of-town guests, we have reserved a block of guest rooms at the Marriott Regency in Omaha at a discounted group rate. For room reservations, please click here or contact the Marriott directly at 402.399.9000 and mention the Baird Holm LLP block rate, $132 per night.

Continuing Education Credits

This program is approved for the following credits:

  • IA CLE, 5.75 hours
  • NE MCLE, 5.75 hours
  • NE CPE, 6 hours
  • The Compliance Certification Board (CCB)® has approved this event for up to 6.9 CCB CEUs. Continuing Education Units are awarded based on individual attendance records. Granting of prior approval in no way constitutes endorsement by CCB of this event content or of the event sponsor.




1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500