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March 01, 2019

Experts to discuss Medicaid, blockchain, assisted reproductive technology at ABA meeting in Orlando

WASHINGTON, March 1, 2019 — Experts participating in the American Bar Association Emerging Issues in Healthcare Law Conference will tackle hot-button topics, including the legal issues surrounding assisted reproductive technology, emerging issues with blockchain, state False Claims Act litigation, among many other issues.

Emerging Issues in Healthcare Law
Sponsored by the ABA Health Law Section

Wednesday-Saturday, March 13-16

JW Marriott Grande Lakes
4040 Central Florida Parkway
Orlando FL 32837

Program highlights include:

“Cancer Legal Advocacy Workshop” — Cancer patients can face a variety of legal problems related to their illness, such as issues with insurance coverage and payment, treatment, and employment. Attorneys can help by volunteering with support organizations or working directly with patients and caregivers to help them address legal challenges like these. This session will review key relevant laws and practices to equip attorneys to volunteer and provide legal assistance to cancer patients and survivors, as well as to provide support to family members or friends going through diagnosis and treatment.

Wednesday, 9 a.m.-noon

“State FCA Litigation: Discovery and Medicaid Advantage Liability in the Post-Escobar Era” Experts, including Candice Deisher, Office of the Attorney General of the State of Virginia, and Jay Speers, Office of the Attorney General of the State of New York, will discuss recent noteworthy False Claims Act litigation. The focus will be on interpretation of the “usual and customary” language, the role of managed care companies in determining liability, third party subpoenas and settlement where a defendant has limited ability to pay. The panel will feature a discussion of Garbe v. Kmart Global, a “usual and customary” case which recently settled for $59 million.

Thursday, 1-2 p.m.

“The Opioid Crisis: Will Good Intentions Finally Lead to Good Outcomes?” The opioid crisis did not happen overnight but over approximately 30 years. Many factors caused the crisis but good intentions to control pain in part led to increased prescribing of opioids and eventually the unintended consequences of misuse and even death. A panel of experts will present vital information on the federal response to the opioid crisis, including an historical look at key developments in federal opioid regulation, judicial intervention and enforcement action; a detailed overview of the SUPPORT Act’s provisions affecting healthcare providers; and strategies for minimizing the risks posed by pain management abuse and drug diversion in healthcare facilities.

Thursday, 2:15-3:15 p.m.


“Healthcare Data Analytics: How the Government is Using Data in Fraud Cases” This session will discuss the government’s ability to conduct real-time data mining and the effect on False Claims Act cases, federal criminal prosecutions, compliance, and healthcare providers. The panelists, including Randy Harwell, civil division chief of the U.S. Attorney’s Office for the Middle District of Florida, a former criminal prosecutor now in private practice and an experienced defense attorney, will discuss how data mining and data analytics are increasingly used in fraud cases, as well as how clients can harness and use their own data.

Thursday, 3:15-4:15 p.m.

“Here We Go Again – ACA Déjà Vu” Late last year, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas refocused the nation’s attention on the Affordable Care Act, issuing a summary judgment holding the individual mandate and with it the entire health care law to be unconstitutional, putting its future and all that has been put in place since its passage at risk. During this session, experts will cover the history of ACA litigation and possible outcomes of O’Connor’s decision; reactions of stakeholders to the continuing uncertainty about the ACA; recent and expected reactions and reform proposals coming from Congress and the states; and the regulatory sprint to reform the Stark Law and the Anti-Kickback Statute while the ACA is still in place.

Friday, 9-10 a.m.

“A Disruptive Promise: Emerging Issues with Blockchain and Healthcare” Blockchain, the distributed ledger technology at the heart of digital cryptocurrencies like Bitcoin, is often touted as being able to transform and re-imagine fundamental aspects of healthcare. Proposed uses include digital health identity, interoperability, supply chain validation, revenue cycle management and clinical trials. But what does blockchain do? Key governance, operational, legal and regulatory issues require understanding and significant input from all involved parties.

Friday, 10:15-11:15 p.m.

“Emerging Privacy and Regulatory Issues in Assisted Reproductive Technologies” Assisted Reproductive Technology (ART) has helped millions of people have children and is an area ripe with opportunity for technological expansion. This means it presents regulatory and privacy challenges. ART is subject to varying levels of federal and state regulation along with self-imposed best practices. Such issues will be addressed from the perspective of lawyers and a reproductive physician, including an overview of ART processes; regulation of ART and self-regulation practices; data protection and privacy issues including HIPAA; cybersecurity issues; and medical perspective regarding ART regulation.

Friday, 11:15 a.m.-12:15 p.m.

A complete agenda can be found online.

This event is free and open to members of the press. For media credentialing, please contact Priscilla Totten at [email protected].

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at and on Twitter @ABANews.