ACC Annual Meeting 2020

Foley Special Counsel Kyle Faget, a member of the firm’s Health Care, Telemedicine, and Digital Health Industry Team, Partner Chanley Howell, a member for the firm’s Technology, Transactions, & Outsourcing Practice Group, and Partner Lisa Noller, a member of the firm’s Government Enforcement Practice Group, will be speaking at the ACC’s Virtual Annual Meeting October 12-16, 2020.

Kyle Faget’s presentation, titled “Telemedicine’s New Frontier: Direct-to-Consumer Medicine,” will be on Monday, October 12^th at 2:30 p.m. ET, and she will be joined by Punima Boominathan (Senior Counsel, Castlight Health, Inc.) and Trent Stechschulte (General Counsel & Compliance Officer, Equitas Health). We are on the brink of massive changes in the delivery of health care services. An unprecedented wave of new modalities, applications, and technologies are being unleashed into the marketplace that will redefine patients as consumers—and demand for virtual care services is steadily increasing. As the system evolves and consumers embrace their power to gauge, understand, and manage their health, in part through telemedicine, it is up to providers and healthcare systems to offer better choices and start treating their patients as informed consumers. This session will focus on legal and regulatory issues associated with developing and launching a direct-to-consumer (DTC) telehealth service line. Panelists will also discuss important e-commerce and fraud & abuse considerations for DTC services, as well as strategies and emerging consumer trends for DTC virtual care.

Lisa Noller’s presentation, titled “Meet the Regulators,” will be on Wednesday October 14^th at 10:15 a.m. ET, and she will be joined by Charlene Fullmer (Assistant US Attorney Deputy Chief, Affirmative Litigation, US Department of Justice), Karen Glassman (Senior Counsel, Office of Counsel to the Inspector General, US Department of Health and Human Services), and Kenny Johnson (Chief General Counsel, Sonic Healthcare USA). As health care costs and costs related to perceived health care fraud continue to rise, regulators are devoting more resources to pursue those who engage in questionable or unscrupulous practices that result in the billing of fraudulent or medically unnecessary services to federally funded health care programs. In this session, regulators from various federal agencies will participate in a candid conversation to share recent initiatives and trends in regulatory enforcement actions. Please join the ACC Health Law Network in this valuable, interactive session that will address these critical enforcement issues.

Chanley Howell will be participating on two panels, both of which will be on Thursday, October 15^th. The first, titled “What to Expect When You’re Expanding: Data Implications of Multinational Operations,” will start at 9:00 a.m. ET, and he’ll be joined by Michael Bahar (Partner, Eversheds Sutherland), Cheri Bessellieu (Founder & Principal, CEB Advising, LLC), and Michael Cole (Privacy Counsel, Hagerty). The jurisdiction where you are establishing a subsidiary or new line of business likely has unique rules and a different regulatory stance, including data localization laws. In this session, we will explore: the factors to consider before creating an entity in a new jurisdiction, including data flow, business processes, and consumer experience; information system partitioning and cloud configuration; and the implications of “boots on the ground” presence.

His second presentation, titled “Taking Your Healthcare Compliance Program to the Next Level; What High-Risk Areas Might You Have Missed?” will start at 2:30 p.m. ET, and he’ll be joined by Beverly Allen (General Counsel, Chief Compliance & Privacy Officer, Inovalon, Inc.) and David Ellenbogen (General Counsel – BSWHP, Baylor, Scott and White Health). What is missing in your health care corporate compliance program? This session will identify potential gaps in your program and provide relevant solutions. Speakers will discuss the following components (among others) as part of a robust compliance plan: Overpayment issues; antitrust; data monetization/de-identification; commercial and business issues. The session will also explore evolving delivery platforms, payment models, data uses, and regulatory regimes as well as introduce components that are sometimes overlooked, but are essential to the successful implementation of a compliance program.

To find out more about this conference, and to register, click here.