Schedule

Thursday, August 17

7:45 a.m. - 8:30 a.m. Registration and Continental Breakfast
8:30 a.m. - 9:45 a.m. OPENING PLENARY: Protecting Against the Cyber Threat in America's Dairyland 1.5 CLE
9:55 a.m. - 11:10 a.m. ANNUAL UPDATES 1.5 CLE
Health Law Update Labor & Employment Law Update
11:10 a.m. - 11:25 a.m. Refreshment Break
Breakout Session 1
11:25 a.m. - 12:15 p.m.
Health Law
Provider Contracting Toolkit: The Three Key Tenets of Defensibility
Labor & Employment
Remote Control: Legal Trends in Telecommuting Workplaces
Practical Perspectives
Medical Ethics and the Law: Challenges and Approaches
1.0 CLE
12:20 p.m. - 1:30 p.m. OPTIONAL PAID LUNCHEON AND PRESENTATION* (Ticketed Event): Health Care Reform, Attorneys, and the Role of the Counselor - Featuring Governor Tommy G. Thompson
Sponsored by Godfrey & Kahn S.C.
0.0 CLE
Breakout Session 2
1:40 - 2:30 p.m.
Health Law
False Claims Act Litigation in Health Care
Labor & Employment
What's on the Horizon for Wage and Hour Litigation?
Practical Perspectives
When Pregnancy and Other Work Restrictions Collide with Essential Health Care Employment Functions
1.0 CLE
2:30 - 2:45 p.m.
Refreshment Break
Breakout Session 3
2:45 - 4:00 p.m.
Health Law
The Soap Opera of Law: Unique Labor and Employment Challenges in Healthcare
Labor & Employment
The Impact of Budgetary Changes and LIRC Elimination
Practical Perspectives
The Eleventh Hour Complaint: Managing Problem Employees
1.5 CLE
4:10 - 5:25 p.m. AFTERNOON PLENARY: Unlocking the Whistleblower Puzzle 1.5 CLE
5:25 - 6:45 p.m.
Thursday Evening Social Hour and Cocktail Reception – Sponsored by von Briesen & Roper, S.C. and Lindner & Marsack, S.C.
* PLEASE NOTE: To attend the luncheon, you must select “including optional luncheon” when registering for the Institute.

Friday, August 18

7:45 a.m. - 8:30 a.m. Continental Breakfast | Health Law Section Meeting
8:30 a.m. - 9:20 a.m. MORNING ETHICS PLENARY: Ethics for the Practitioner: Representing Clients in Today's Challenging World 1.0 CLE/EPR
Breakout Session 4
9:30 - 10:20 a.m.
Health Law
HIPAA: Not Just for Health Lawyers Anymore
Labor & Employment
Emerging Issues in Restrictive Covenants in Wisconsin
Practical Perspectives
Antitrust Red Flags in Hiring and Compensation Practices
1.0 CLE
10:20 a.m. - 10:35 a.m. Refreshment Break
Breakout Session 5
10:35 a.m. - 11:25 a.m.
Health Law
Physician/Hospital Alignment Strategies in a Changing Regulatory Environment
Labor & Employment
Equal Pay for Equal Work: Preventing Gender Discrimination in Compensation
Practical Perspectives
Leading the Horse to Water: Getting Tough Cases to the Mediation Table
1.0 CLE
11:35 a.m. - 12:25 p.m. CLOSING PLENARY: Navigating Social Media Minefields in the Health Care Industry: Privacy Issues, Employees, and Beyond 1.0 CLE
12:25 p.m. Institute Concludes

 

About the Programs

Thursday, August 17

Opening Plenary: Protecting Against the Cyber Threat in America's Dairyland

Special Agent Byron P. Franz, Federal Bureau of Investigation, Milwaukee

Although recent cyberattacks targeting the U.S. from Russia, China, and Iran tend to get the lion's share of media coverage, data breaches can occur in a variety of ways and continue to put the protected information of millions of Americans at risk. Organizations that are repositories for sensitive health and employment-related information are prime targets for cyber attacks.

According to HIPAA Journal, 2016 was the second worst year of health care data breaches in terms of the number of patient and health plan members’ records exposed in a single year. On the employment side, one very visible data breach came in May 2016 when The Office of Personnel Management was targeted, exposing the data of up to four million people.

FBI Special Agent Franz will describe some of the cyberthreats facing Wisconsin businesses and organizations, suggest mitigations, and explain the importance of effective public-private partnerships in protecting information in the Badger State.

Health Law Update

David Cade, American Health Lawyers Association, Washington, D.C.

Thomas N. Shorter; Godfrey & Kahn S.C., Madison

Stay ahead of key changes in health law. Be a part of the discussion on major developments affecting you and your clients with this update on federal legislative and regulatory activities, an overview of recent Wisconsin legislative and regulatory changes, and predictions about future hot topics in health law.

Labor & Employment Law Update

Carmen N. Couden, Foley & Lardner LLP, Milwaukee

Sara J. Geenen, The Previant Law Firm, Milwaukee

Keep up with important changes in labor and employment law. Join the discussion on key developments impacting you and your clients with this update on federal legislative and regulatory activities, an overview of recent Wisconsin legislative and regulatory changes, and predictions about future hot topics in labor and employment law.

Provider Contracting Toolkit: The Three Key Tenets of Defensibility

Scott J. Geboy, Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee

Joseph N. Wolfe, Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee

In today's medical environment, compensation-focused compliance in physician contracts has grown from a simple compliance concern to an enterprise-level risk management issue for health care organizations. Cut through the complexities of provider contracting with the best practices you'll learn in this session.

  • Hear about emerging physician contracting compliance traps and how to avoid them
  • Understand the technical requirements of current health care laws, including the Stark Law, Anti-Kickback Statute, and False Claims Act
  • Understand the Three Key Tenets of Defensibility
  • Learn strategies for enhancing the defensibility of physician contracts

Remote Control: Legal Trends in Telecommuting Workplaces

Tiffany L. Hutchens, Husch Blackwell LLP, Milwaukee

Telecommuting in corporate America has grown by nearly 80 percent since 2005 and there's no end in sight. Explore the legal landscape of telecommuting along with best practices for implementing a telecommuting policy that is both beneficial to the business and attractive to employees. Learn the legal issues surrounding telecommuting and:

  • Wage and hour compliance
  • OSHA
  • Worker's compensation
  • Risk management
  • ADA and FMLA
  • Discrimination

Medical Ethics and the Law: Challenges and Approaches

Robyn S. Shapiro, Health Sciences Law Group LLC, Bayside

Medical ethics - also known as bioethics - examines controversial ethical concerns that emerge as a result of advances in biology and medicine. From abortion and cloning to genetic engineering and stem cell research, bioethics covers a wide array of issues.

Receive an introduction to bioethics principles, ethical applications in health care delivery, and the role of law in the formation of the bioethics discipline. Explore recent developments and challenges at the intersection of medical ethics and the law.

In addition, participate in discussion and debate on current issues involving bioethics and the law - and explore practical approaches for analyzing and resolving them.

Optional Paid Luncheon and Ticketed Event - Health Care Reform, Attorneys, and The Role of the Counselor

Governor Tommy G. Thompson, Madison

When it comes to determining the future of health care, employment, and the areas where they intersect, all of the predictions and opinions being tossed around can seem confusing and even conflicting.

Former Wisconsin Governor and Secretary of Health and Human Services Tommy Thompson will use his unique experience and perspective to help bring these issues into focus for attorneys.

Thompson will share observations on proposed sweeping changes to health care in the United States. In addition, he'll discuss the role of attorneys in helping employers and health care entities manage new reforms in the face of rapid changes and political controversy.

About the Presenter

Tommy G. Thompson, the former Health and Human Services (HHS) secretary and four-term governor of Wisconsin, is the chairman and chief executive officer of Thompson Holdings.

Following his term in public office, Governor Thompson built, and continues to build, on his efforts as HHS secretary and governor to develop innovative solutions to the health care challenges facing American families, businesses, communities, states, and the nation as a whole. These efforts focus on improving the use of information technology in hospitals, clinics, and doctors’ offices; promoting healthier lifestyles; strengthening and modernizing Medicare and Medicaid; and expanding the use of medical diplomacy around the world.

Thompson served as HHS secretary from 2001 to 2005. At HHS, he led efforts to pass and implement a new Medicare law providing a drug benefit to America’s seniors. He also reinvigorated the nation’s public health infrastructure by providing states and communities with resources to respond to terrorist attacks or other public health emergencies.

Governor Thompson has dedicated a majority of his professional life to public service and served as governor of Wisconsin from 1987 to 2001. During his 14 years as governor, he focused on revitalizing Wisconsin's economy and gained national attention for his leadership on welfare reform, expanded access to health care for low-income people, and education.

* To attend the paid luncheon, select "including optional luncheon" when registering for the Institute.

Sponsored by Godfrey & Kahn S.C.

False Claims Act Litigation in Health Care

Stacy Gerber Ward, von Briesen & Roper, s.c.

Nola Hitchcock Cross, Cross Law Firm SC, Milwaukee

One of the most current trends in health care enforcement, including False Claims Act litigation, focuses on the medical necessity of services rendered to government beneficiaries. The Medicare hospice benefit particularly has been the center of much government enforcement activity for medically unnecessary services.

This session covers a panoply of medical necessity claims and focuses on the types of investigations and litigation occurring across the country involving the medical necessity of services. Plus, explore the investigation and litigation roles of:

  • Qui tam relator counsel
  • Compliance counsel
  • Government
  • Defense counsel

What's on the Horizon for Wage and Hour Litigation?

James J. Chiolino, Wisconsin Department of Workforce Development - Equal Rights Division, Madison

Kendall W. Harrison, Godfrey & Kahn SC, Madison

David C. Zoeller, Hawks Quindel SC, Madison

Explore plaintiff, defense, and Equal Rights Division perspectives on recognizing and overcoming challenges in resolving and settling complex wage and hour cases. Learn the settlement requirements of Fed. R. Civ. P. 23, including:

  • Issuance of notice
  • Dealing with objections to the settlement
  • Fee petition process
  • Fairness hearings

Plus, discover how to avoid potential pitfalls and walk away with advice for entering into agreements that will be accepted by the court or Department of Labor.

When Pregnancy and Other Work Restrictions Collide with Essential Health Care Employment Functions

Daniel J. Finerty, Lindner & Marsack SC, Milwaukee

Summer H. Murshid, Hawks Quindel SC, Milwaukee

What happens when pregnancy and other work restrictions prevent an employee from lifting and performing other essential functions of an RN, LPN, or other health care position? What are the obligations of the health care employer and the employee when interacting under the Americans with Disabilities Act (ADA) and the Wisconsin Fair Employment Act (WFEA)?

Examine both the employee-side and the health care employer-side of this equation. Receive background and analysis on properly addressing the issue of restrictions that may impact an employee's ability to safely complete the job-related duties of the position.

Key topics covered include:

  • Laws requiring reasonable accommodation in the workplace and limitations on what courts have found to be "reasonable"
  • Common ways to resolve disputes when a doctor's restrictions mean the employee cannot safely perform the job-related duties of their position
  • The interactive process under the ADA and the WFEA

The Soap Opera of Law: Unique Labor and Employment Challenges in Health Care

Tom G. O'Day, Godfrey & Kahn SC, Madison

Employers in the highly-regulated health care setting face unique labor and employment law challenges. Understand the relationship between labor and employment laws and the complicated state and federal regulations affecting the health care field. Explore how employment law is affected by the unique aspects of medical staff credentialing and privileging.

In addition, learn about the full range of labor and employment issues affecting health care employers, including:

  • Employment contracts
  • Non-compete agreements
  • Wage and hour issues
  • Medical staff credentialing and privileging
  • Peer review requirements

The Impact of Budgetary Changes and LIRC Elimination

Daniel J. Finerty, Lindner & Marsack SC, Milwaukee

Victor J. Forberger, Victor Forberger, Esquire, Madison

Governor Walker's proposed biennial budget aims to eliminate the Labor and Industry Review Commission (LIRC). This elimination would cause dramatic substantive and procedural changes in labor and employment cases for Wisconsin practitioners on all sides.

This session offers a review of LIRC's current role in Wisconsin's justice system and discusses what might happen if LIRC is indeed eliminated. In addition, receive an overview of recent important LIRC cases, such as:

  • Lela Operation v. LIRC
  • Dept. of Workforce Dev. v. LIRC
  • Wisconsin Bell, Inc. v. LIRC

Explore the impact of these cases on employers and employees as well as the potential impact of proposals in the areas of unemployment and equal rights.

The Eleventh Hour Complaint: Managing Problem Employees

Ryan N. Parsons, Foley & Lardner LLP, Milwaukee

Laurie A. Petersen, Lindner & Marsack SC, Milwaukee

Richard F. Rice, Fox & Fox SC, Monona

One of the greatest challenges for labor and employment attorneys is managing poor-performing employees who complain of discrimination, harassment, or other unlawful activities in the workplace. Disciplining and discharging such employees opens the door to costly retaliation claims, but failing to do so can destroy employee morale and teach coworkers that the easiest way to avoid accountability is to file a frivolous claim with human resources. This session will give both in-house and outside counsel the tools necessary to address these employees.

  • Learn how the EEOC and Wisconsin Equal Rights Division view workplace complaints, including the requirement that opposition be based on a "reasonable good faith belief" and the rule that complaints do not insulate employees from otherwise legitimate discipline
  • Examine recent case law to determine the key issues courts look at when deciding whether a termination is retaliatory or in violation of a whistleblower law
  • Receive a checklist of items to consider before imposing discipline on complaining employees
  • Work step-by-step through a hypothetical case showing potential consequences of various approaches

Afternoon Plenary: Unlocking the Whistleblower Puzzle

Nola Hitchcock Cross, Cross Law Firm SC, Milwaukee

Peter G. Herman, DOL/OSHA, Madison

Kerry M. Mohan, McDermott Will & Emery LLP, Chicago, IL

Receive substantive, procedural, and practical guidance on representing employees and employers in federal whistleblower and retaliation claims. Gain an understanding of regulatory requirements as well as recent developments in federal and administrative cases.

Using a series of hypothetical situations, learn the various procedural steps involved in whistleblower complaints, including:

  • Initial complaint
  • Docketing
  • Employer's position statement
  • Complainant's rebuttal
  • Rapid resolution process
  • Full field investigation
  • Settlement
  • Investigative findings
  • Appeal

Friday, August 18


Morning Ethics Plenary: Ethics for the Practitioner: Representing Clients in Today's Challenging World

Dean R. Dietrich, Ruder Ware LLSC, Wausau

Edward A. Hannan, Hannan Legal LLC, Waukesha

As our world becomes more technological and complex, lawyers face increasingly complex and sophisticated ethical dilemmas. Attorneys Dean Dietrich and Ed Hannan share their tried-and-true advice on how to maintain compliance with the Rules of Professional Conduct in a variety of situations, including:

  • what you need to know about using technology ethically
  • how to approach representing multiple parties with divergent interests in transactional practices and litigation matters

HIPAA: Not Just for Health Lawyers Anymore

Sarah A. Erdmann, von Briesen & Roper, S.C., Milwaukee

Meghan C. O'Connor, von Briesen & Roper SC, Milwaukee

A number of federal and state laws already govern how health information is used by providers, insurers, and service providers that support the health care industry. However, increasing complexity in the areas of technology, data transmission, health benefits, vendor management, and data breaches means it's more important than ever to maintain the privacy and security of health information as the industry standard.

Explore important concepts in the use and disclosure of health information, including recent developments and areas of particular concern for lawyers such as:

  • attorney compliance requirements
  • requests and fees for copying medical records
  • vendor management
  • encryption
  • cyber and malpractice insurance coverage

Plus, learn about information privacy and security guidance for attorneys from the Association of Corporate Counsel and American Bar Association.

Emerging Issues in Restrictive Covenants in Wisconsin

Sharon K. Mollman Elliott, Jackson Lewis PC, Madison

Colin B. Good, Hawks Quindel SC, Madison

Legislative changes and evolving case law are continuing to impact restrictive covenants. Explore the critial issues you need to understand in order to provide appropriate guidance to your clients.

Using real-world examples, the presenters will highlight challenges facing employers and employees when drafting or entering into employment agreements with restrictive covenants. Key topics covered include:

  • Traps for unwary employers in non-compete agreements
  • Agreements covering bonuses, commissions, and independent contractors
  • Statutory and other legal rights and obligations unique to employees

Antitrust Red Flags in Hiring and Compensation Practices

Wendy K. Arends, Godfrey & Kahn SC, Madison

Anti-competitive conduct involving wage-fixing and non-poaching agreements can lead to investigation and even criminal prosecution by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC). Learn how you can reduce antitrust risk in human resource practices.

  • Understand recent guidance by the DOJ and FTC regarding certain hiring and compensation practices
  • Review Statements of Antitrust Enforcement Policy in health care and specific examples from the Health Care industry
  • Know how to spot antitrust red flags
  • Discover strategies to reduce antitrust risk

Physician/Hospital Alignment Strategies in a Changing Regulatory Environment

C Frederick Geilfuss, Foley & Lardner LLP, Milwaukee

The regulatory and market environment that physicians and hospitals face is changing. Alternative payment program models and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) are creating a number of challenges for hospitals and physician groups.

Find out how hospital-physician alignment models can help address these unique challenges. Learn about a variety of different models, including:

  • Contractual relationships for administrative services
  • Co-management and professional service agreements
  • Joint contracting arrangements
  • Joint venture arrangements
  • Full integration arrangements

Equal Pay for Equal Work: Preventing Gender Discrimination in Compensation

Julia Arnold, Littler Mendelson, Milwaukee

Jennifer L. Ciralsky, Littler Mendelson, Milwaukee

Caitlin Marie Madden, Hawks Quindel SC, Madison

Carrie N. Vance, Equal Employment Opportunity Commission, Milwaukee

The EEOC's most recent strategic enforcement plan emphasizes equal pay, and a new requirement means employers must disclose pay data in their EEO-1 reports. This session provides recent statistics related to EPA claims, an overview of the elements/analysis of pay claims, and guidance for ensuring that compensation decisions are made fairly and legally.

  • Know the factors that the ERD, EEOC, and courts consider when analyzing equal pay claims
  • Understand permissible/impermissible factors upon which compensation decisions can be based, and what they mean in practice
  • Find tips for training managers and human resources to ensure that pay decisions are fair and legal

Leading the Horse to Water: Getting Tough Cases to the Mediation Table

Michael D. Rust, Winnebago Conflict Resolution Center Inc, Oshkosh

Jill Hamill Sopha, Sopha Mediation LLC, Pewaukee

With the majority of disputes being resolved outside of trial, lawyers must be thoughtful and well-prepared when talking to clients about various settlement options, including mediation. Lawyers who are knowledgeable and skilled in the mediation process are best positioned to obtain favorable results for their clients. The presenters will use real life examples from their years as outside counsel, in-house counsel, and mediators to provide insights and techniques for getting the most difficult cases (and clients) to the mediation table and to settle once they get there.

Closing Plenary: Navigating Social Media Minefields in the Health Care Industry: Privacy Issues, Employees, and Beyond

Doris E. Brosnan, von Briesen & Roper, S.C., Milwaukee

Sara J. Geenen, The Previant Law Firm, S.C., Milwaukee

Lora J. Johnas, Sacred Heart Hospital, Eau Claire

Your clients face many hurdles when it comes to complying with the laws, regulations, and guidance governing the protection of corporate and personal health information. On top of that are the challenges your clients and their employees face in keeping protected information off of social media.

Seasoned employment law and health law practitioners give you a closer look at common compliance hurdles and regulatory issues you must be aware of when it comes to the intersection of social media, confidential and protected health information, and employees. In particular, this session will look at the issues and challenges facing health care organizations.

Help your clients navigate the privacy challenges of social media use and understand the issues, threats, and solutions you need to know in order to help ensure health information stays between patient and provider in the era of Twitter, Snapchat, and other social media platforms.

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(800) 278-7788
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(800) 444-9404 ext. 6132
(608) 250-6132
State Bar of Wisconsin