8:55 Welcome and Introductions
9:00 Transactions in the Health Care Industry
Gina L. Bertolini, K&L Gates, Research Triangle Park
Don Esposito, Quorum Health, Nashville
Joesph "Joe" M. Kahn, Hall Render Killian Heath & Lyman PC, Morrisville
Learn as experienced corporate attorneys and in-house legal executives provide a crash course on the nuts and bolts of health care transactions. These speakers offer rare insider knowledge of the unique aspects of deals in the health care sector.
10:00 Break
10:10 Innovations and Hot Topics
MacKenzie D. Dickerman, Alston & Bird LLP, Atlanta
Antonia "Toni" A. Peck, Womble Bond Dickinson LLP, Research Triangle Park
Steven G. Pine, K&L Gates, Research Triangle Park
Discover the innovations and technologies revolutionizing the health care industry. Our experts break down the latest trends impacting the delivery of care, such as telemedicine, population health, digital health partnerships, value-based care, employee wellness and more.
11:10 Break
11:20 Fraud and Abuse
Vonne M. Jacobs, Hall Render Killian Heath & Lyman PC, Morrisville
John H. Lawrence, K&L Gates, Research Triangle Park
Join the conversation with experienced regulatory attorneys as they unpack the federal health care landscape, focusing on the Stark Law, the Anti-Kickback Statute, and the False Claims Act. Discover how these laws impact health care stakeholders in real time, explore common scenarios faced by health care attorneys, and consider the importance of compliance efforts in mitigating potential fraud and abuse risks.
12:20 Lunch Break
1:20 Privacy and Information Security‡
Allyson J. Labban, Associate General Counsel at WakeMed, Raleigh
David A. Senter Jr., Young Moore, Raleigh
Threats to the privacy and security of sensitive information remain one of the most significant risks to the health care industry. This panel breaks down these challenges and the applicable legal framework, including HIPAA, information blocking, relevant international authority, and other key laws and regulations designed to protect critical data. Cover the basics of these key rules, as well as common business practices such as the use of de-identified data and reliance on third-party vendors, and discuss counseling clients to minimize risk of liability and government enforcement in this corridor.
2:20 Break
2:30 Health Care Litigation
Melanie M. Hamilton, Ott Cone & Redpath P.A., Greensboro
Elizabeth S. Hedrick, Fox Rothschild LLP, Raleigh
Learn the ins and outs of health care-specific dispute resolution pathways from a dynamic group of litigators with many years of experience managing payor disputes, antitrust reviews, IP contests and administrative law proceedings.
3:30 Adjourn
Networking Reception
‡ Indicates portion providing Technology Training credit
Thank you for joining us for Health Law Boot Camp (2023 Health Law Section Fall Program).
The Health Law Section is excited to present the second annual Health Law Boot Camp CLE, a program geared towards early-career lawyers, lawyers looking for a refresher, and others serving the health care industry.
Gina L. Bertolini is a Partner at K&L Gates LLP in Research Triangle Park. She concentrates her practice exclusively on health law; primarily representing academic medical centers, health systems, community hospitals, physician practices, and ancillary providers. As a result of this diversified practice, her proficiency extends to federal and state regulatory compliance matters, Medicare and Medicaid reimbursement, faculty practice plan and other physician compensation models, health care fraud and abuse, the Emergency Medical Treatment and Labor Act (EMTALA), health care privacy and data protection issues including HIPAA and 42 CFR Part 2, health care group purchasing organizations (GPOs), and health care corporate governance matters. She likewise maintains an active transactional practice, representing health systems, physician practices, and ancillary providers in acquisitions and joint ventures.
Gina is an active author and speaker on critical issues affecting the health care industry.
Gina earned her B.F.A., with honors, from DePaul University and her J.D. from the University of California Hastings College of Law.
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MacKenzie D. Dickerman is an associate at Alston & Bird LLP in Atlanta as part of their Health Care Group. She focuses her practice on health care compliance and regulatory matters.
MacKenzie's clients include a variety of providers and entities in the health care industry, including hospitals, health care systems, pharmacies, and physician groups. They rely on her advice for a range of regulatory issues, as well as the regulatory aspects of complex health care transactions, focusing particularly on compliance with the federal Anti-Kickback Statute and Stark Law. In addition to state and federal fraud and abuse matters, she regularly advises clients on matters related to Medicare and Medicaid reimbursement, corporate practice of medicine and fee splitting, and state licensure.
MacKenzie earned her B.S., cum laude, in Biology with a minor in Mathematics from the University of Georgia and her J.D., with high honors, from The University of North Carolina, In law school, she served as an editor of The North Carolina Law Review and was inducted into the Order of the Coif.
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Don Esposito is the Chief Legal Officer and Secretary at Quorum Health in Nashville. He joined Quorum Health as Chief Legal Counsel in September 2021. With more than two decades of experience, he has a deep understanding of complex health care law.
Most recently, Don was a partner at Parker Poe Adams & Bernstein in Raleigh, where he served in the firm's health care practice providing strategic counsel to hospital systems, physician practices, community health centers and other health care organizations. Before that, he was senior vice president and general counsel of Mission Health Systems in Asheville, a clinically integrated network that includes an 815-bed flagship hospital, five additional acute care hospitals, a children's hospital, a physician group, and other operations. He held prior roles at UNC REX Healthcare in Raleigh, the North Carolina Department of Justice and in private practice.
Don earned his B.A., with highest honors, from the University of North Carolina and his J.D. from Harvard Law School. He is a member of the American Bar Association and the American Health Lawyers Association.
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Lauren S. Gennett is Counsel at King & Spalding in Asheville. Her practice focuses on the representation of healthcare clients including hospitals, healthcare companies, home health and hospice, and post-acute providers. She regularly defends healthcare organizations in government enforcement matters including investigations and False Claims Act litigation. She also advises clients on internal investigations including remediation strategies such as voluntary refunds and self-disclosures. She has significant experience counseling clients on compliance program design and effectiveness strategies, as well as obligations stemming from Corporate Integrity Agreements. She also assists clients in government audits and appeals and advises clients in various regulatory compliance and reimbursement matters.
Lauren is Certified in Healthcare Compliance (CHC), and has served as a guest lecturer at the Georgia State College of Law and the Emory Rollins School of Public Health.
Lauren earned her B.A., with highest honors, in Public Policy from the University of North Carolina at Chapel Hill, where she was elected to the Order of the Golden Fleece Honorary Society. She earned her M.P.H., with a focus in Health Policy, from the Emory University Rollins School of Public Health. She earned her J.D., with honors, from the Emory University School of Law. During law school, she was awarded the James Colson Scholarship and served as a Notes and Comments Editor for the Emory Law Journal.
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John W. Gibson is an Associate at Smith Anderson Blount Dorsett Mitchell & Jernigan LLP in Raleigh. He is a member of the firm's Health Care group. He focuses his practice on advising a variety of health care stakeholders, including large physician group practices, clinically integrated networks, accountable care organizations, laboratories, long term care providers and investors focused on the health care industry. His experience includes helping clients navigate the complex federal and state regulatory environment surrounding the health care industry, including compliance under HIPAA, HITECH, Stark Law, the Anti-Kickback Statute and the False Claims Act. He also provides strategic counsel related to value-based care programs and accountable care issues generally.
John also advises clients on commercial transactions and corporate matters, including mergers and acquisitions, governance issues, contract negotiation, business formation and compliance with licensing rules and regulations.
John earned his B.A. from Clemson University, his M.H.A. from University of South Carolina Arnold School of Public Health and his J.D. from University of South Carolina School of Law.
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Melanie M. Hamilton is an attorney at Ott Cone & Redpath PA in Greensboro. She represents healthcare systems and hospitals in efforts to increase revenues. She works closely with healthcare systems in areas related to Medicaid eligibility as well as identifying other potential payment sources. She has extensive experience in administrative and court proceedings.
Melanie also focuses extensively on payment audits, billing issues, and compliance matters. She has represented hospitals and healthcare systems in connection with Medicare billing and other compliance matters before the U.S. Department of Justice. She has assisted in resolving potential civil exclusionary actions as well as negotiating and implementing corporate integrity agreement (CIAs) with the Department of Health and Human Services Office of Inspector General (OIG).
Melanie has been recognized as one of "The Best Lawyers in America" by the U.S. News & World Report and Woodward/White for Health Care Law and Litigation – Health Care and served as Chair of the Health Law Section of the North Carolina Bar Association.
Melanie earned her B.A. in Political Science and Spanish from Alma College and her J.D., cum laude, from Wake Forest University School of Law.
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Elizabeth S. "Liz" Hedrick is a partner at Fox Rothschild in Raleigh. She is a litigator who focuses primarily on real estate litigation and health care claims. She represents clients in a variety of disputes including business disputes, malpractice claims, landlord-tenant litigation and administrative law matters. She regularly represents health care clients in both civil and administrative litigation, including at the Court of Appeals, in a variety of contexts, including medical malpractice defense, peer review, medical staff matters, Certificate of Need and other regulatory and business disputes.
Liz is a contributing author on Fox Rothschild's North Carolina Appellate Practice Blog, which provides news, information and tips for practicing law in North Carolina's State and Federal Appellate Courts.
Liz earned her B.A., with highest honors, in Journalism and Mass Communication with a concentration in Public Relations from University of North Carolina at Chapel Hill and her J.D., with honors, University of North Carolina School of Law.
Liz is active in the community, serving as President of the board of directors for Artsplosure, Raleigh's nonprofit art and cultural events production studio. She is a former member of the executive leadership team of the American Heart Association's Triangle Go Red for Women and a member of its Circle of Red. Liz is also the former President of the Eastern District of North Carolina Federal Bar Association and is still a member of its Executive Board. She is also active in Triangle CREW.
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Vonne M. Jacobs is of counsel with Hall Render Killian Heath & Lyman PC in Raleigh. She focuses her practice in the area of health care transactions. Calling upon her years of dedicated experience, Vonne provides practical, pragmatic advice to help her clients achieve their strategic goals.
Within the highly regulated health care industry, Vonne advises clients, including hospitals, health systems, AMCs and large physician groups, on transactions. She serves as a regulatory advisor, providing fraud and abuse analysis in the context of a deal and ensuring her clients remain compliant with the regulations that govern health care transactions.
Vonne is a member of the American Health Law Association and serves on the Development and Advancement Council. She is also a Board member for the Lucy Daniels Center, a non-profit that focuses on children with behavioral needs. Additionally, she is an active member of Delta Sigma Theta Sorority Inc., through which she participates in local community service.
Vonne earned her B.A. in Business Administration/Computing Business from Furman University and her J.D. from Duke University School of Law.
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Joesph "Joe" M. Kahn is a shareholder and serves as Managing Partner at Hall Render Killian Heath & Lyman PC in Morrisville. He is a leading national health care M&A attorney. In just the last few years, he has served as lead counsel for over $23 billion worth of health care mergers, acquisitions and other transactions, including some of the largest health care transactions in the country. Providing his clients with responsive, strategic and practical advice, he serves as a trusted advisor to a broad spectrum of providers around the country, from some of the nation's largest health systems to physician groups and other providers, as well as private equity-backed health care funds, portfolio companies and roll-up networks.
Joe has extensive experience advising on significant, complex strategic arrangements, including transactions from both the buyer side and the seller side, and the development of joint ventures, joint operating agreements and joint operating companies. Among his recent experience, he served as lead outside counsel on behalf of Intermountain Health in its merger with SCL Health, as well as lead counsel for New Hanover Regional Medical Center in its aggregate $5.3 billion 2021 sale transaction.
Joe is an active member of the American Health Law Association and is a past Chair of the North Carolina Bar Association's Health Law Section as well as a past President of the North Carolina Society of Health Care Attorneys. He is also highly engaged in his community, having previously served as the Chair of the Board of the Central and Western Chapter of North Carolina Make-a-Wish Foundation and as a member of the Board for Schoolhouse of Wonder.
Recognized nationally for his legal acumen, Joe is ranked in the top band of North Carolina health care attorneys by Chambers USA, has been listed in Best Lawyers in America for more than 10 years (including recognition as Best Lawyers 2022 Raleigh Health Care Lawyer of the Year), as well as in North Carolina Super Lawyers.
Joe earned his B.A., with honors, from Washington University in St. Louis and his J.D. from the University of South Carolina School of Law.
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Allyson J. Labban is Associate General Counsel at WakeMed in Raleigh. She provides regulatory compliance guidance on topics ranging from HIPAA and data privacy and security, Medicare and Medicaid claims filing requirements, compliance with CMS and Joint Commission standards, and Certificate of Need and facility licensure issues, as well as guidance regarding risk management and clinical-legal issues.
Prior to joining WakeMed, she was a partner and health care attorney at Smith Moore Leatherwood LLP, now Fox Rothschild LLP, in Greensboro.
Allyson earned her B.A. in Spanish and History from Wofford College and her J.D. from Duke University School of Law.
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John H. Lawrence is a partner at K&L Gates LLP in Research Triangle Park. He primarily counsels healthcare clients in responding to governmental investigations and defending False Claims Act lawsuits. He frequently represents hospitals, hospital systems, academic medical centers, health care corporations, laboratories, pharmaceutical companies, durable medical equipment companies, and individuals in health care fraud investigations involving the U.S. Department of Justice, U.S. Attorneys' Offices, and other federal and state agencies. His background also includes significant experience handling complex civil litigation inside and outside of health care.
In addition to his litigation practice, John advises clients on health care regulatory matters, including those involving the Stark Law and Anti-Kickback Statute.
Prior to joining the firm, John was an associate at law firms in Nashville and Chattanooga, Tennessee where he concentrated his practice on health care fraud and abuse, compliance and government investigations, and commercial litigation.
John earned his B.A. from Duke University, his M.Div. from Wake Forest University and his J.D. from University of North Carolina at Chapel Hill School of Law.
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Ted Lotchin is Vice President, Chief Compliance & Privacy Officer with WakeMed Health & Hospitals, a 1,200-bed health system located in Raleigh. In that role, he is responsible for the development, implementation, and oversight of WakeMed's comprehensive corporate integrity and compliance program.
Prior to joining WakeMed, Ted was a partner in the health law group of an international law firm. He counseled a broad range of clients, including hospitals and academic medical centers, physician practices, ambulatory service providers, and pharmaceutical and medical device companies, on regulatory, reimbursement, and transactional matters, as well as on False Claims Act litigation. He has extensive experience representing health care companies on compliance with the Stark Law, the Anti-Kickback Statute, and other relevant Medicare and Medicaid fraud and abuse issues. He has defended numerous qui tam cases, and handled internal investigations, self-disclosures, overpayments and other enforcement matters.
Ted previously served as in-house counsel to a major academic medical center, where he advised deans, department chairs, and other senior executives on transactional and compliance matters related to network development strategies, patient centered medical homes, and accountable care organizations, as well as on clinical outreach, data privacy and security issues, and data breach response investigations.
Ted is a member of the Health Law and Privacy & Data Security Sections of the North Carolina Bar Association. He is also a member of the Health Care Compliance Association, American Health Lawyers Association and the National Association of College and University Attorneys.
Ted earned his B.S. in Psychology and History from the University of North Carolina at Chapel Hill, his M.P.H. in Health Sciences from Boston University and his J.D. from the College of William and Mary – Marshall Wythe Law School.
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Antonia A. "Toni" Peck is a Partner in the Womble Bond Dickinson (US) LLP's Research Triangle Park office and a member of the firm's Healthcare Team. Her practice is focused on assisting healthcare providers in a variety of regulatory compliance and corporate matters, including Stark law and federal and state Anti-Kickback Statute compliance, HIPAA, 340B Drug Pricing Program, physician recruitment, medical staff issues, and antitrust concerns.
Toni also counsels healthcare entities on transactional and business matters, including mergers and acquisitions, joint ventures, reorganizations, management services organizations, academic medical center affiliation agreements, and hospital-physician alignment strategies.
Toni is recognized in The Best Lawyers in America© in the field of Healthcare, as well as by Business North Carolina as a Legal Elite "Young Gun." She is active within the community, and currently serves on the Board of Directors for SouthLight Healthcare and the Goodwill Community Foundation.
Toni earned her B.A. from Duke University, her Education Certificate from University of Pennsylvania and her J.D. from Wake Forest University School of Law.
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Steven G. "Steve" Pine is a partner with K&L Gates LLP in Research Triangle Park. He is in the firm's health care practice group. He concentrates his practice on the intersection of health law compliance and dispute resolution, primarily representing public and private academic medical centers, hospitals, and health systems. His areas of focus include certificate of need contested cases; governmental and nongovernmental payment and reimbursement; health privacy; HIPAA and Common Rule research compliance; clinically integrated network (CIN) formation; alternative payment models and value-based reimbursement; federal False Claims Act litigation; administrative reconsiderations, reviews and appeals (e.g., EMTALA QIO hearings, RAC appeals and hearings, UPIC/ZPIC appeals); and Affordable Care Act compliance.
Steve joined K&L Gates as a summer associate in 2011. Prior to attending law school, Steven was a commercial real estate broker with a regional land development company.
Steve is a member of the North Carolina Society of Health Care Attorneys' Board of Directors (Chair of Governance and Planning Committee), American Health Lawyers Association, North Carolina Bar Association and the Wake County Bar Association.
Steve earned his B.S., summa cum laude, from North Carolina State University and his J.D. from Harvard Law School.
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David A. Senter Jr. is a Partner at Smith Anderson Blount Dorsett Mitchell & Jernigan LLP in Raleigh. He focuses his practice on data privacy matters, regularly advising technology companies and healthcare providers on all matters pertaining to privacy and data security, including contract review and negotiation, breach investigation, notification and reporting, and compliance with state, federal and foreign privacy and data security laws such as HIPAA, FERPA, CCPA, GDPR and PIPL. Having served as the Interim Associate Compliance Officer and Director of Privacy of an academic medical center in North Carolina, David offers a unique business perspective for clients that blends awareness of the intricacies of relevant laws with practical advice.
David leads Smith Anderson's Data Privacy practice and is certified in Healthcare Privacy Compliance (CHPC®). He has extensive experience providing oversight of privacy and security compliance matters, advising on day-to-day emergent issues in an outside general counsel role. He has designed and managed privacy compliance training infrastructure, prepared and revised privacy and information-related policies, procedures and external-facing documentation and managed breach investigation triage and response. He regularly counsels clients in connection with health information management, data use and other vendor contract negotiation and execution.
David has additional experience with business litigation in state and federal court.
David holds the Certified Healthcare Privacy Compliance designation through the Healthcare Compliance Certification Board.
David earned a B.A. in History from Wake Forest University and his J.D. from Wake Forest University School of Law. While at Wake Forest, he was a member of the Moot Court Board and the Student Trial Bar Board. He was selected to represent the school as a member of both the Philip C. Jessup International Law Moot Court Team, and the National Moot Court Team.
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