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Healthcare Litigation in a Transforming Environment: Game-changing Trends and Cases

Venue

This is a virtual event, accessible over the phone. Access instructions will be provided after registration.

Description

This is a complimentary program sponsored by Manatt, Phelps & Phillips, LLP.

In just the first year of the Trump administration, healthcare has faced an avalanche of change—from the proposed “conscience regulation” to tightening False Claims Act (FCA) scrutiny to new Medicaid work requirements.  The disputes arising from the flood of new developments encompass both legal and regulatory challenges—and are being played out in both courts and government agencies.  Ultimately, they may trigger significant shifts in existing healthcare law.

How will healthcare litigation be affected?  What are the trends and cases to watch in 2018—and how will they impact healthcare law and policies?  In a new webinar, Manatt Health provides the answers.  The program will provide an update on the current environment—and a look ahead at the game-changing trends and cases that may reshape the legal and regulatory landscapes.

The webinar will focus on four key areas driving healthcare litigation:  increasingly stringent FCA enforcement; gender identity discrimination, termination of pregnancy and contraception coverage; Medicaid’s new work and community engagement requirements; and the rise in lawsuits related to alcohol and drug rehabilitation centers, as the nation struggles to cope with the opioid epidemic.

Educational Objectives:
• Gain the latest insights into the Trump administration’s healthcare positions, policies and priorities—including what we’ve seen in the first year and what’s likely to come.
• Understand the major FCA cases transforming fraud and abuse litigation and the decisions to watch in the year ahead
• Explore the new guidance from the Centers for Medicare & Medicaid Services (CMS) for states seeking 1115 waivers that condition Medicaid eligibility on work and community engagement.
• Examine the issues around the proposed “conscience regulation,” as well as the new CMS guidance to Medicaid directors restoring state flexibility to decide program standards.
• Learn about the string of lawsuits drug and alcohol rehabilitation centers have filed across the country claiming that insurers are not properly reimbursing them, as well as the latest cases against detox clinics to combat fraud and abuse.
• Get an update on the laws and litigation around discrimination on the basis of gender identity and termination of pregnancy.

Who would benefit most from attending this program?
Administrator, Analyst/Specialist, Attorney/Counsel, Board Member, Consultant, CEO/President, General Counsel, Managing Partner, Of Counsel, Paralegal, Partner, Practice Group Leader

Presenters

Ileana Hernandez
  • Partner
  • Manatt, Phelps & Phillips, LLP

Ileana Hernandez is a partner in the firm’s Los Angeles office and a member of the litigation group. Ileana’s practice focuses on a wide range of complex litigation matters in the health insurance and managed healthcare industries. Ileana specializes in defending major health plans and insurers in consumer and unfair competition actions, investigations and enforcement actions, bad faith denial of benefits suits, and ERISA suits. She is actively involved in all phases of litigation, from prelitigation counseling through trial and appeal, and represents clients in state and federal courts, mediation, arbitration, and administrative proceedings.

In addition, Ileana specializes in bankruptcy litigation, including preference, fraudulent conveyance and other avoidance actions; nondischargeability proceedings; bankruptcy-related directors and officers litigation; and financial fraud litigation. Her bankruptcy practice is concentrated on large reorganization cases and has involved the representation of creditors, trustees, creditors’ committees, and governmental and regulatory entities in a wide range of matters and businesses.

In addition to her client work, Ileana sits on the Board of Trustees for Mount St. Mary’s University, Los Angeles. She also is actively involved in pro bono work, representing Spanish-speaking clients seeking assistance with asylum, adoptions, permanent guardianships, and unlawful detainer actions.

Prior to joining Manatt, Ileana served as a judicial extern to District Court Judge Audrey B. Collins in the Central District of California.

Michael S. Kolber
  • Partner
  • Manatt Health

With a health law background in both government and private practice, Michael Kolber represents and advises health insurers, pharmaceutical manufacturers, healthcare providers, state and federal agencies, technology vendors, and others on implementation of health coverage issues, especially the Affordable Care Act (ACA), Medicare managed care, value-based purchasing and employee benefits. He provides legal and policy advice with a particular focus on risk adjustment in Medicare, Medicaid and commercial managed care; nondiscrimination rules; and state innovation waivers under the ACA. He provides regulatory advice and advocacy, counsels clients on corporate transactions, and litigates in federal court and before administrative tribunals.

Healthcare reform. Prior to joining Manatt, Michael was the lead legal adviser to the U.S. Department of Health and Human Services (HHS) on several key features of the ACA, including essential health benefits, health insurance exchanges and risk adjustment. Now, health insurers, actuarial consultants, state exchanges, technology vendors, healthcare providers and pharmaceutical manufacturers turn to Michael to advise them on complex regulatory questions, advocate on their behalf in front of key federal decision makers and argue these issues when they arise in litigation. A frequent speaker and author on healthcare reform, Michael coauthored Bloomberg BNA’s treatise on the subject.

Medicare managed care. Michael advises Medicare Advantage organizations and Medicare prescription drug plan sponsors on compliance with federal regulations and guidance, including helping them design special needs plans and Medicare-Medicaid plans for the dual eligible population and employer group plans.

Employee benefits. Michael counsels health insurers, third-party administrators, benefits consultants and others on the interaction of ERISA, the ACA and other employee benefits laws. He has also performed analyses for states on how state efforts at provider payment and delivery system reform relate to self-insured employer health plans.

Prior to joining Manatt, Michael was an attorney in the Centers for Medicare and Medicaid Services Division in the HHS Office of the General Counsel and served as a law clerk to Judge Amalya L. Kearse of the U.S. Court of Appeals, Second Circuit.

Craig S. Rutenberg
  • Partner, Litigation
  • Manatt, Phelps & Phillips, LLP

Craig Rutenberg’s practice focuses on complex civil litigation matters primarily involving the healthcare and real estate industries. Craig represents hospitals, medical staffs, healthcare providers and healthcare insurers, as well as real estate developers, in a wide range of litigation and regulatory matters and disputes. He has also litigated false advertising, intellectual property, unfair competition (including Cal. Bus. & Prof. Code § 17200 et seq.), franchise and product liability claims.

Craig represents clients through all phases of litigation, from prelitigation counseling through trial and appeal, as well as in administrative hearings and all forms of alternative dispute resolution. Craig was named a Super Lawyer in 2017, and a "Rising Star" annually from 2007 through 2014.

Continuing Education

Credits:
COA, CLE 1.5
Practice Areas:
Legal
Prerequisite:
A basic understanding of health care law.
Level:
Intermediate
Production Date:
03/28/2018