Law Seminars International Presents

Technology Outsourcing in the Health Care Industry

June 3 & 4, 2004
The Hermitage Hotel in Nashville, TN
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Who Should Order Homestudy

Attorneys, business executives working for health care and outsourcing firms

Why Order

"Outsourcing is quickly taking center stage as a competitive strategy for healthcare providers, from hospitals and physician groups to insurance companies. Taking a proactive approach to outsourcing preparations can help to maximize benefits to minimize risks. This two-day conference presents a comprehensive approach to crafting contracts, specifying the term of agreement, developing pricing frameworks, planning for potential liabilities, establishing software ownership, protecting privacy and date, avoiding common pitfalls that threaten business relationships, and providing a view to real life outsourcing deals. With outsourcing for the healthcare industry becoming accepted practice, this program will be of special interest to in-house counsel, CFO’s, CIO’s, and anyone involved in evaluating, implementing and managing outsourcing relationships." ~ Program Co-Chairs: Bruce C. Doeg, Esq. and Deborah W. Larios, Esq.

What You Will Learn

Degrees of Outsourcing, Advantages and Disadvantages of Outsourcing, Scope of Service, Disengagement, and FinancialTerms of the Agreement, Software Issues, Large Scale Implementations, Privacy and Data Security, Regulatory Issues, Relationship Management, Deals Involving Multiple Customers, Contingency Planning

What Attendees Said

"Many dynamic presentations." "Presenters spoke, not read-excellent!" "Every speaker said something important."

Agenda

Thursday, June 03, 2004
8:30 am Introduction & Overview
  Bruce C. Doeg, Esq., Program Co-Chair
 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC / Nashville, TN
  Deborah W. Larios, Esq., Program Co-Chair
 Miller & Martin PLLC / Nashville, TN
8:45 am Outsourcing in the Health Care Industry: Degrees of Outsourcing from Discrete Functions to Healthcare Service Management
  Who's doing what?
  David Francis, Managing Director - Equity Research
 Jefferies & Company / Nashville, TN
9:30 am To Outsource or Not To Outsource
  Checklist and tips for weighing the advantages of and disadvantages of outsourcing
  Tod Fetherling, Vice President
 FCG Meditech Service Center / Nashville, TN
10:15 am Break
10:30 am The " What" of the Agreement: Defining and Managing Scope of Service and Service Levels
  Statements of work; gap-filling or sweep clauses; due diligence and comprehensiveness of disclosures; change control; evolution in and modifications to services; types of service levels; establishing and managing service levels;
  Bruce C. Doeg, Esq., Program Co-Chair
 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC / Nashville, TN
11:15 am The "How Long" of the Agreement: Specifying the Term and Planning for Transition and Disengagement
  Fitting the contract term to the business objective; transition and migration plans; transfers of employees and contractors; termination assistance; recruitment of dedicated staff
  E. Andrew Norwood, Esq.
 Waller Landsen Dortch & Davis / Nashville, TN
12:00 pm Lunch (on your own)
1:30 pm The "How Much" of the Agreement: Financial Terms
  Pricing and payments: Typical pricing frameworks; rights to withhold disputed amounts; incentives and gain sharing; liability issues
  Lawrence A. Schultis, Esq.
 Shaw Pittman LLP / Washington, DC
  Accounting considerations
  Rhonda W. Sides, CPA, Director of Healthcare Services
 Crosslin, Vaden & Associates and Stat Solutions / Nashville, TN
2:30 pm Special Considerations for Transactions Involving Outsourcing of Business Processes
  Dean W. Harvey, Esq.
 Vinson & Elkins L.L.P. / Dallas, TX
3:15 pm Break
3:30 pm Terms Relating to Software and Other Intellectual Property
  Ownership issues; required consents; use of third party and proprietary systems during and after the term; new developments; licensing issues
  Mark J. Patterson, Esq.
 Waddey & Patterson, P.C. / Nashville, TN
4:15 pm Large Scale Software Implementations
  The challenges of large scale implementations in outsourced, co-managed and in-house environments; best practices for managing large scale implementations; key indicators to help determine if your implementation is on-track
  Ard Geller, Senior Vice President & Chief Consulting Officer
 Technology Solutions Company / Herndon, VA
5:00 pm Reception for Faculty and Attendees
  Sponsored by Baker, Donelson, Bearman, Caldwell & Berkowitz, PC and Miller & Martin PLLC

Friday, June 04, 2004
8:30 am Privacy and Data Security
  The Health Insurance Portability and Accountability Act of 1996 (HIPAA): HIPAA’s privacy and security requirements; how these legal requirements apply when health care providers and health plans outsource technology functions involving
  Deborah W. Larios, Esq., Program Co-Chair
 Miller & Martin PLLC / Nashville, TN
  Information Security and Outsourcing A Risk Management Perspective Network, application, data, and physical security considerations; assessing areas of potential vulnerability; security-related SLA’s and contractual considerations relate
  Glenn Perdue, Principal
 Crowe Chizek / Brentwood, TN
10:00 am Break
10:15 am Special Regulatory Issues for the Health Care Industry
  Fraud & Abuse Act
  Thomas E. Bartrum, Esq.
 Baker Donelson Bearman Caldwell & Berkowitz PC / Nashville, TN
  Antitrust
  Henry S. Allen, Jr., Esq.
 Holland & Knight LLP / Chicago, IL
11:30 am Murphy’s Law in Outsourcing Relationship Management and Tips for Avoiding Troubled Relationships
  Building and managing effective relationships that achieve financial and operational goals; resolution of scope and other disputes; mending troubled relationships
  George Kimball, Esq.
 Arnold and Porter LLP / Los Angeles, CA
12:15 pm Lunch (on your own)
1:30 pm Case Study: A Walk through a Major Outsourcing Deal Involving Multiple Customers
  Outsourcing used not only as a means to cut costs or refocus on core competencies, but also in the context of a divestiture, spin-off or other corporate reorganization; outsourcing that has multiple customers issues arising when outsourcing
  Mark Mayo, Esq.
 TPI / Franklin, TN
  Outsourcing used not only as a means to cut costs or refocus on core competencies, but also in the context of a divestiture, spin-off or other corporate reorganization; outsourcing that has multiple customers; issues arising when outsourcing
  Edward A. Pisacreta, Esq.
 Brown Raysman Millstein Felder & Steiner LLP / New York, NY
3:00 pm Break
3:15 pm Contingency Planning: (Just in Case the Project Doesn't Work Out)
  Healthcare officer and director liability when technology projects fail
  Randy Gainer, Esq.
 Davis Wright Tremaine LLP / Seattle, WA
  Practical tips for disaster recovery and business continuity plans
  William J. McDonough, Esq., MPAH, ARM, FASHRM Sr VP/Nat' Practice Leader of Health Care Risk Management
 Marsh USA, Inc / Boston, MA
4:30 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is TN CLE 12.5 (#029832) | CA MCLE 12.75 | GA CLE 12.5 | NY CLE 15 (0 Ethics; non-transitional) | TX CLE 12.5 (#000064845) | VA CLE 12.5 #R03292 | WA 12.5 CLE (#120135) | Call about others

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Bruce C. Doeg, Program Co-Chair, is a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, where he co-chairs the Mergers & Acquisitions Group and also heads eBusiness and Technology Law Group. He concentrates his practice in the area of business law, with an emphasis on technology. His experience includes public and private capital formation, technology agreements, strategic alliances, mergers and acquisitions, website and eCommerce agreements, healthcare information technology, executive and employee compensation issues, and corporate governance.

Deborah W. Larios, Program Co-Chair, is a member at Miller & Martin PLLC, concentrating her practice on healthcare law. She has extensive experience in HIPAA and privacy issues, managed care development, hospital and physician relationships, peer review, anti-kickback laws, the Stark law, antitrust, and similar matters. Ms. Larios represents numerous healthcare entities and regularly provides education on legal issues for medical and hospital associations.

Thomas E. Bartrum is a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, concentrating his practice in the areas of regulatory and transactional health care, including fraud and abuse analyses, physician self-referral issues, Medicare reimbursement, licensure and certification, eHealth transactions, health care finance, health care joint ventures, mergers and acquisition and HIPAA compliance

David Francis is Managing Director - Equity Research at Jefferies & Co. Mr. Francis’ experience is in equity research and investment banking activities in the health care market. He heads the HCIT, medical distribution and lab services research effort for the firm.

Randy Gainer is a partner at Davis Wright Tremaine LLP. He represents technology companies in litigation and drafts licensing and other agreements for software and biotech firms. Mr. Gainer also advises businesses on computer security issues, including how to respond to network intrusion incidents and is an expert on the effect of HIPAA security rules on the deployment of WiFi networks and Internet bankcard fraud.

Ard Geller is Senior Vice President and Chief Consulting Officer at Technology Solutions Company. Mr. Geller focuses on evaluating, selecting, implementing, and managing information technology systems and is responsible for leading the delivery of technology consulting and systems integration services to corporations around the world.

Dean W. Harvey is a partner at Vinson & Elkins L.L.P. where he co-chairs the Technology Practice Group. Mr. Harvey’s practice focuses on commercial transactions, counseling clients on privacy, security, and electronic contracts and establishing strategic business relationships. He also assists clients in protecting and exploiting their intellectual property assets and content through licensing and in acquiring and developing technology and software.

George Kimball is a partner at Arnold & Porter LLP, specializing in complex technology transactions, including outsourcing of information technology. He has represented major corporations as well as suppliers of information technology, electronic commerce and other services in the negotiation of complex outsourcing arrangements in aerospace, broadcasting, chemicals, consumer products, computers, engineering, insurance, metals, pharmaceuticals and retail.

Mark Mayo is a partner with TPI where he is responsible for the information technology practice. In addition, he leads the development and delivery of TPI’s offshore sourcing services. Mr. Mayo has supported clients with sourcing transactions in the airline, consumer product, energy, financial regulatory, health care, human resources, insurance, local government, manufacturing, personal computer, pharmaceutical, and utility industries.

William J. McDonough is Senior Vice President and National Practice Leader of Healthcare Risk Management at Marsh USA, Inc. Mr. McDonough manages with emphasis on clinical loss prevention, captive readiness/formation, risk identification and damage control for the entire healthcare continuum.

E. Andrew Norwood is a member of Waller Lansden Dortch & Davis. Mr. Norwood has extensive experience in the practice of law as it pertains to intellectual property, including copyright, trademark, First Amendment issues, trade secrets, outsourcing and licensing issues

Mark J. Patterson is a partner at Waddey & Patterson, P.C. where he is a patent practitioner and trial attorney. His primary practice involves the writing and prosecution of patent applications in the electrical, electronic, and computer software arts including business methods; patent, trademark and copyright counseling, including preparing validity and infringement opinions; licensing; and litigation in all areas of intellectual property law. He has assisted clients in obtaining over 185 U.S. patents.

Glenn Perdue is a principal at LECG where he works on engagements in intellectual property, information technology, strategy, healthcare, business valuation, antitrust, risk management, and damage analysis. Mr. Perdue’s work in healthcare has involved claim studies, system selection, IT-related RFI/RFP management, damage analysis, antitrust analysis, new market entry analysis, HIPAA privacy/security, and valuations for hospitals, sleep labs, ASC’s, and ESRD facilities.

Edward A. Pisacreta is a partner at Brown Raysman Millstein Felder & Steiner LLP where he concentrates his practice in e-commerce, information technology. He has extensive experience in drafting and negotiating agreements for the acquisition of e-commerce infrastructure, design and development of software, outsourcing, and intellectual property licensing. He serves as a member of the firm’s Bioinformatics/Life Sciences Group where he deals with the license of bioinformatics tools, and life sciences technology and products.

Rhonda W. Sides is the Director of Healthcare Services for Crosslin, Vaden & Associates and for Stat Solutions. Ms. Sides specializes in physician practice management issues, HIPAA compliance, Stark compliance and physician compensation issues, entity contracts, practice valuations, cost accounting, operational assessments, accounts receivable, and financial feasibility issues related to group and integrated delivery system development.