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The Edge of Tomorrow: Caring for an Aging Community in a Time of Change 2014 ALFA INTERNATIONAL HEALTH CARE SEMINAR May 7 – 9, 2014 Four Seasons Hotel Austin, Texas www.alfatinternational.com

The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

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Page 1: The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

The Edge of Tomorrow: Caring for an Aging Community in a Time of Change2014 ALFA INTERNATIONAL HEALTH CARE SEMINAR

May 7 – 9, 2014 Four Seasons Hotel Austin, Texas

www.alfatinternational.com

Page 2: The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

www.alfainternational.com

The Edge of Tomorrow: Caring for an Aging Community in a Time of Change2014 ALFA INTERNATIONAL HEALTH CARE SEMINAR

May 7 – 9, 2014 Four Seasons Hotel — Austin, Texas

The United States spends more money, per capita, and as a percentage of total gross domestic product, on healthcare than any other nation. With 75 million baby boomers on the verge of retirement, and an average of 7,000 people turning 65 every single day, the healthcare industry faces an unprecedented challenge to meet the health and assisted living needs of the baby boom generation.

Reflecting its commitment to discuss solutions rather than problems, ALFA International recruited a distinguished panel of the nation’s leading experts to lead a spirited discussion of

health care issues for the baby boomers. ALFA International is particularly honored that Thomas Suehs, the immediate past Executive Commissioner of the Texas Health and Human Services Commission, will deliver the keynote address, entitled The Affordable Care Act: What’s the Next ‘Smart’ Move?, and that John Hornbeak, former President and C.E.O. of Methodist Healthcare System of San Antonio, and the Executive in Residence in the Department of Healthcare Administration at Trinity University, will bring his wealth of experience to the program with a presentation entitled Paradigm Shifts in Healthcare – Past, Present and Future.

ABOUT ALFA INTERNATIONALALFA International is the premier network of independent law firms. Founded in 1980, ALFA is the first and continues to be one of the largest and strongest legal networks. We have 145 member firms throughout the world. Our 80 U.S. firms represent 95 of the 100 largest metropolitan areas. Our 65 international firms are located throughout Europe, Asia, Australia/New Zealand, Africa, Canada, Mexico and South America. ALFA International’s mission is to provide high quality, cost efficient legal services wherever our clients need

them. The ALFA model enables our members to use their local expertise to deliver highly effective legal solutions, often drawing upon the collective wisdom and experience of other member firms. ALFA clients benefit from a geographically comprehensive network of exceptional law firms and accomplished trial and business counsel. Our member firms meet high standards to be part of the ALFA network and are well respected by their peers in the legal and business community.

ALL ABOUT AUSTINAustin is the heart and soul of Texas, where an exhilarating range of musical traditions and artistic endeavors continues to thrive. One of the few cities to have full symphony, ballet and opera companies, Austin also boasts a diverse range of live talent, from blues and jazz to folk and alternative rock. Historic landmarks dot the landscape, including the State Capitol, the University of Texas Tower, and the Governor’s Mansion. Austin is also an active outdoor city. Lady Bird Lake and the surrounding area are a magnet for rowing, jogging and cycling.

Major domestic airlines serve the Austin-Bergstrom International Airport, only 20 minutes from the hotel. Ground transportation is available from the airport in the form of taxi (recommended), private sedan, or rental car.

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WEDNESDAY, MAY 7

3:00 p .m. – 6 :30 p .m.

REGISTRATIONBallroom Terrace

3:00 p .m. – 5 :00 p .m.

FACULTY REHEARSALBallroom CD

5:00 p .m. – 5 :30 p .m.

ALFA ALL-ATTORNEY MEETINGWaterloo

5:30 p .m. – 6 :30 p .m.

Women’s Initiative Reception Ballroom Terrace

What says Texas better than salsa and margaritas?

The Women’s Initiative Practice Group invites you to join in a salsa and margarita making competition. Join your female colleagues in making and tasting the best in Texas!

Margie McCarthy Women’s Initiative Practice Group LiaisonRENAUD COOK DRURY MESAROS, PAPhoenix, Arizona

6:30 p .m. – 9 :30 p .m.

Registration, Welcome Reception & Buffet DinnerThe Lawn

THURSDAY, MAY 8

7:30 a .m. – 8 :30 a .m.

ATTENDEE BREAKFAST BUFFET

8:30 a .m. – 9 :00 a .m.

SPOUSE/GUEST BREAKFAST BUFFETBallroom A

8:45 a .m. – 3 :45 p .m.

GENERAL SESSIONBallroom CD

8:45 a .m. – 9 :00 a .m.

WELCOME & INTRODUCTORY REMARKSPeter S. Marlette Vice Chair, ALFA International Board of Directors DAMON MOREY, LLP Buffalo, New York

Bruce G. Arnold Chair, ALFA International Health Care Practice GroupWHYTE HIRSCHBOECK DUDEK S.C.Milwaukee, Wisconsin

9:00 a .m. – 10:30 a .m. KEYNOTE PRESENTATION

THE AFFORDABLE CARE ACT: WHAT’S THE NEXT ‘SMART’ MOVE? Beginning with its tumultuous rollout through today, this session will take an in depth look at the Affordable Care Act, including an evaluation of its intended results and actual accomplishments. We will look at its effect on the Medicaid population as well as compare the differences between the states that opted in and those that did not. Finally, the session will conclude with the steps states and the health care industry should take to adapt in order to best minimize costs and maximize ACA benefits in the future.

KEYNOTE SPEAKER:

Thomas Suehs Immediate Past Executive Commissioner, Texas Health and Human Services CommissionTEXAS STAR ALLIANCEAustin, Texas

10:30 a .m. – 10:45 a .m. BREAK

Page 4: The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

10:45 a .m. – 12:00 p .m.

NEGOTIATION: FINDING THE “SWEET SPOT”The vast majority of litigated cases resolve through some form of negotiated settlement. The most successful negotiations require thoughtful preplanning, the development of strategic approaches to the issues which might arise, the development of the appropriate skill-set to foster trust, build rapport and engage the opposing party, and the creativity to consider all possibilities in an effort to move toward a win-win resolution of the conflict. The panel will discuss these issues, offering advice from various perspectives, to provide new insight into the interpersonal and psychological dynamics of the negotiation process, the techniques that can be used to avoid impasse, and the methods of persevering to a resolution of the conflict, whether through mediation, pre-trial settlement conference or informal self-directed negotiations.

Marilyn Reidy ModeratorJOHNSON & BELL, LTD.Chicago, Illinois

Alan F. Herman HAWKINS PARNELL THACKSTON & YOUNG LLPAtlanta, Georgia

Joseph W. Williford YOUNG MOORE AND HENDERSON P.A.Raleigh, North Carolina

Gaylen Paulson Associate Dean & DirectorUNIVERSITY OF TEXASAustin, Texas

Sarah Pacini, RN, JD Vice President, Risk Management and Insurance Chairperson, Advocate Insurance Segregated Portfolio CompanyADVOCATE HEALTH CAREChicago, Illinois

12:00 p .m. – 1 :00 p .m.

LUNCH BUFFETBallroom A

1:00 p .m. – 2 :00 p .m.

FEDERAL ENFORCEMENT OF DEFICIENCIES ASSOCIATED WITH QUALITY OF CARE IN LONG-TERM CARE FACILITIESFederal enforcement claims against skilled nursing facilities and other long-term care facilities continue to escalate, some resulting in eye-popping settlements and unprecedented Corporate Integrity Agreements. The panel will use a survey of recent long-term care enforcement actions and settlements to explore the new “quality of care” and other enforcement theories under the False Claims Act and other federal statutes and regulations. The panel will highlight the role of “whistleblowers” in supporting Department of Justice’s and the Office of the Inspector General’s enforcement initiatives and offer guidance on managing that risk. Finally, the panel will bring a particular focus to individual and board accountability and the risks for health care executives and boards.

Patrick S. Coffey ModeratorWHYTE HIRSCHBOECK DUDEK S.C.Milwaukee, Wisconsin

Amber L. Brake Senior Corporate CounselASSISTED LIVING CONCEPTS, INC.Menomonee Falls, Wisconsin

Donna ThielVice President and Chief Compliance OfficerEXTENDICARE HEALTH SERVICES, INC.Milwaukee, Wisconsin

Paul Van Den HeuvelVice President, General CounselMERCY HEALTH SYSTEMJanesville, Wisconsin

2:00 p .m. – 2 :15 p .m. BREAK

2:15 p .m. – 3 :45 p .m.

RISK MANAGEMENT TOOLS FROM A LITIGATION PERSPECTIVEVarious risk management tools are increasingly being used by in-house counsel in order to minimize the potential exposure long term care facilities face. These tools can also be used by counsel when a matter reaches the litigation stage in order to obtain a favorable result. The panel will discuss various risk management tools, including negotiated risk agreements, arbitration provisions, early settlement negotiations, falls management programs, use of photographs and/or statements, and residency agreement provisions. The panel will also discuss how the tools can be used in a litigated case to the benefit of the long term care facility.

Roxanne Irani ModeratorHAIGHT BROWN & BONESTEEL LLPLos Angeles, California

William O. “Skip” Martin ModeratorHAIGHT BROWN & BONESTEEL LLPLos Angeles, California

Timothy Cesar Vice President of LegalBROOKDALE SENIOR LIVING, INC.Milwaukee, Wisconsin

Eugenia L. LiuVice President of Legal AffairsEMERITUS SENIOR LIVINGSeattle, Washington

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6:30 p .m. – 9 :30 p .m.

Cocktail Reception & Dinner BuffetBangers Sausage House

Join fellow attorneys and clients for dinner at a truly unique Austin hotspot. Bangers Sausage house not only offers a creative selection of sausages, but also over 100 beers on tap, and a live band to keep everyone singing along. This lively restaurant is sure to get everyone in a Texas state of mind.

FRIDAY, MAY 9

8:00 a .m. – 9 :00 a .m.

ATTENDEE BREAKFAST BUFFET

9:00 a .m. – 9 :30 a .m.

SPOUSE/GUEST BREAKFAST BUFFETBallroom A

9:00 a .m. – 11:45 a .m.

GENERAL SESSIONBallroom CD

9:00 a .m. - 10 :00 a .m.

PARADIGM SHIFTS IN HEALTHCARE - PAST, PRESENT AND FUTURE“When a Paradigm shifts, everyone goes back to zero.” (Joel Barker). The rate of change in healthcare demands strategies that are informed by the past, understand today’s landscape and anticipate the “desired future state” (Peter Senge). “Every theorem is correct in its own world. You just have to decide what world you’re in.” (W. Edwards Deming). Deciding what world we’re in requires a set of concepts, principles and tools. The session is designed to offer a glimpse of what will be required to be successful in that world. Pioneers, early adopters or laggards: the choice is entirely yours.

John E. Hornbeak, LFACHE Former President and CEOMETHODIST HEALTHCARE SYSTEMExecutive in Residence, Department of Healthcare AdministrationTRINITY UNIVERSITYSan Antonio, Texas

10:00 a .m. – 10:15 a .m.

BREAK

10:15 a .m. – 11:15 a .m.

WHAT LIES AHEAD? INDUSTRY INSIGHTS AND HEALTH REFORM IMPLICATIONS FOR LONG-TERM CAREMitchell Morris, M.D., is the National Leader for the Healthcare Provider Sector at Deloitte and brings to us his insights and predictions based on more than 30 years of experience in consulting, health care administration, research, technology, education, and clinical care. He will discuss implications of health care regulation and reform that do not make it into the mainstream media. He will explore and explain trends in long-term care and will relate those trends to current events and broader health care industry and market trends. Dr. Morris has published extensively and is a frequent speaker on health care reform, technology, and quality.

Mitchell Morris, M.D. Vice Chairman and National Sector Leader, Healthcare ProviderDELOITTE LLPLos Angeles, California

11:15 a .m. - 11:45 a .m.

ASK THE EXPERTS: AN OPEN Q&A FORUM WITH JOHN HORNBEAK & MITCHELL MORRIS, MD

Jennifer O. MitchellModeratorDINSMORE & SHOHL LLPCincinnati, Ohio

11:45 a .m.

CLOSING REMARKS/ADJOURNMENT11:45 a .m. – 12:45 p .m.

LUNCH BUFFETBallroom A

Page 6: The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

FACULTY BIOS

Bruce G. Arnold is a shareholder and managing director in the Milwaukee, Wisconsin ALFA law firm of Whyte Hirschboeck Dudek S.C. Mr. Arnold counsels clients in all aspects of the health care industry, including health care joint ventures, multi-specialty clinics, ambulatory surgery centers, medical billing companies and managed care organizations. Mr. Arnold helped create and later served as the Chairman of the Board of the National Institute for Medical Informatics, Wisconsin’s first Health Information Exchange, which connected nine hospital systems (43 individual hospitals), four FQHCs and one Medicaid HMO in Wisconsin. Mr. Arnold is a frequent lecturer on the impact of the bankruptcy laws on health care entities, and has represented hospitals, nursing homes, medical office buildings, laboratories and insurers in state and federal insolvency proceedings. Mr. Arnold is rated AV Preeminent, and has been continuously included in The Best Lawyers in America in both Health Law and Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law since 2005. He is a graduate of Georgetown University (summa cum laude) and The University of Michigan Law School (cum laude).

Amber L. Brake is Senior Corporate Counsel at Assisted Living Concepts, Inc., Menomonee Falls, Wisconsin, which is the one of the nation’s largest assisted/senior living companies. She is actively involved in the regulatory aspects of operating 211 facilities in 20 states, while managing the litigation and loss prevention goals of the company. As the former VP and General Counsel, Assistant Administrator, and VP Ancillary services for various health systems in Texas, Ms. Brake has extensive experience in health care operations. She also is the former founder of The Brake Group for Hospital-Based Physicians with extensive experience in health care consulting, reimbursement, and the

regulatory and compliance arenas. She has also served as the Assistant Professor in Health Care Finance at Texas A & M University—Corpus Christi, College of Nursing and Health Sciences. She is a graduate of Saint Louis University-School of Law/School of Public Health (J.D. with a Certificate in Health Law/Masters of Health Care Administration).

Timothy J. Cesar concentrates mainly in the areas of health care law and related litigation at Brookdale Senior Living Inc. as its Vice President of Legal, where he has been employed for the past fourteen years. His responsibilities include managing all litigation and claims for the company and assisting in the creation of additional risk management programs. Mr. Cesar received his law degree and M.B.A. from Marquette University, graduating with several honors. He received his undergraduate degree magna cum laude from the University of Wisconsin- Milwaukee. To put himself through college and law school, Mr. Cesar was employed for five years with the largest healthcare system in the State of Wisconsin. Prior to working at Brookdale, Mr. Cesar practiced as a plaintiff’s attorney, and subsequently as a defense counsel at one of the oldest law firms in Wisconsin as a member of the healthcare and litigation teams. In addition to advising clients regarding general healthcare issues, he litigated many lawsuits for healthcare entities including the Mayo Health System, and handled all aspects of litigation including mediation, arbitration, trial and appellate practice in both in State and Federal Court. In addition to working with Brookdale, Mr. Cesar is an adjunct professor at Marquette University School of Management teaching both undergraduate and graduate courses in negotiation.

Patrick S. Coffey represents Whyte Hirschboeck Dudek S.C.’s health care practice in Illinois and Wisconsin. He is the leader of the firm’s Corporate Compliance

& White Collar Defense Team. Mr. Coffey handles regulatory enforcement, internal investigation, compliance and civil litigation matters for a wide range of health care clients. He has more than 20 years of experience in defending health care enforcement proceedings alleging criminal violations as well as civil claims. Mr. Coffey has particular expertise in the defense of claims under the federal False Claims Act, including qui tam whistleblower actions. Mr. Coffey has received national practice recognition for his handling of sensitive and complex cases involving long term care and a range of other providers. Mr. Coffey has significant experience in conducting internal investigations for health care clients, and leads internal assessments of compliance programs for effectiveness. He assists clients in the development of compliance policies and procedures, provides audit and disclosure guidance, and offers related assistance to health care clients in their efforts to reduce exposure to enforcement risk. He is rated AV Preeminent, and he is also recognized by Chambers USA as one the country’s leading health care lawyers, named as an Outstanding Health Care Litigator by, Nightingale’s Healthcare News, and named to the Ethisphere Institute’s list of “Compliance Attorneys Who Matter.” Mr. Coffey serves as an Adjunct faculty Member at Chicago-Kent College of Law where he teaches a class on health law.

Alan F. Herman is a Senior Partner with the law firm of Hawkins Parnell Thackston & Young, LLP in Atlanta, Georgia where he has been practicing for the past 40 years. Mr. Herman has been recognized by Bests as one of the Best Lawyers in America in the field of personal injury litigation. Mr. Herman has also been recognized by his peers as a Georgia Super Lawyer. Mr. Herman has had extensive experience over the years in the areas of the defense of claims arising from alleged professional liability of healthcare providers and other professionals, product

Page 7: The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

liability, premises liability and trucking. Mr. Herman has also participated in numerous mediations both as an advocate and as a mediator. Mr. Herman graduated from Duke University in 1970 with an AB Degree in Psychology and then from the University of Virginia Law School in 1973. He has appeared over the years in numerous courts throughout the State of Georgia and has also appeared pro hac vice in other courts across the country in various legal matters at the request of his clients.

John E. Hornbeak, LFACHE was appointed President and Chief Executive Officer of the Methodist Healthcare System of San Antonio on January 11, 1995 and served until his retirement on August 31, 2007. Before his appointment as the CEO of the Methodist Healthcare System, he served as the Chief Executive Officer of Methodist Hospital since February 1987. Mr. Hornbeak earned his Master’s Degree in Health Care Administration from the University of Alabama in Birmingham, and he has a B.A. Degree from the Methodist-affiliated Birmingham-Southern College. Before joining Methodist, Mr. Hornbeak had been the Executive Director of Humana Hospital-San Antonio from 1985 to 1987. He was the Executive Director of Humana Hospital-Huntsville in Alabama for seven years. He also spent three years as the Assistant Administrator of the University Medical Center Hospital in Mobile, Alabama. Mr. Hornbeak is a Life Fellow of the American College of Healthcare Executives, and his professional affiliations include memberships in the American Hospital Association, the Texas Hospital Association, and the Greater San Antonio Hospital Council. He currently serves as Executive in Residence in the Department of Healthcare Administration at Trinity University and is President of Hornbeak Health Consulting, LLC. Mr. Hornbeak has been married for 42 years to Charlotte, a native of San Antonio. The couple has three grown sons and two granddaughters.

Roxanne Irani Kraft is an attorney in the Los Angeles, California ALFA law firm of Haight Brown & Bonesteel, LLP practicing in both the Orange County and Los Angeles offices. Ms. Kraft is a member of the Elder Care, Product Liability and Construction Law Practice Groups. In her elder care practice, she defends nursing homes, residential care facilities, home health providers, independent living communities and other providers against claims for elder abuse, fraud, health and safety code violations, unfair business practices, negligence and wrongful death. She also represents long term care facilities in administrative proceedings regarding citations, deficiencies and license revocations by the California Department of Health Services and California Department of Social Services. She is a graduate of California State University of Long Beach (cum laude) and Pepperdine University School of Law (magna cum laude).

Eugenia L. Liu manages Emeritus Senior Living’s resident litigation throughout the country and other litigation-related matters as its Vice President of Legal Affairs. She works closely with members of Emeritus’ legal, risk management, compliance and quality services departments as well as with personnel in the Emeritus communities. Prior to joining Emeritus, Ms. Liu was a partner at a Los Angeles-based firm, where her practice focused on representing owners and operators of assisted living and skilled nursing facilities through all stages of litigation, including arbitration and trial. She not only handled the day-to-day aspects of litigation, but she also regularly advised her clients with respect to compliance matters and the development of risk management strategies and policies. Ms. Liu also served as the leader of her firm’s Privacy and Data Security Group. Ms. Liu obtained her B.A. from The Johns Hopkins University and her J.D. from the University of Maryland School of Law.

Peter S. Marlette is Managing Partner at the Buffalo, New York ALFA International law firm of Damon Morey LLP. Currently Mr. Marlette is the Vice Chair of ALFA International. He received his B.A. from Dartmouth College and received his J.D. from Georgetown University. Mr. Marlette is a Senior Partner in the firm’s Litigation Department, where he devotes a substantial portion of his practice to the defense of high exposure products liability and toxic substance litigation. He also represents corporations in large commercial litigation and arbitrations both domestically and internationally. He is listed in The Best Lawyers in America® 2014 (Copyright 2013 by Woodward/White, Inc., of Aiken, S.C.) in the fields of Mass Tort Litigation/Class Actions — Defendants. He has also been named a Super Lawyer for Upstate New York by Super Lawyers magazine since 2007 and is listed among the Top 50 Upstate New York Super Lawyers for 2013. Mr. Marlette was also appointed in 2013 by New York Governor Andrew Cuomo to serve as Director and Vice-Chair of the Erie County Fiscal Stability Authority.

William (“Skip”) O. Martin, Jr. is a Senior Partner in the Los Angeles, California ALFA law firm of Haight Brown & Bonesteel, LLP. Mr. Martin is the leader of the Elder Care Practice Group and member of the Products Liability Practice Group. His practice is national in scope and focuses on the litigation and trial of long term care and product liability actions. He has successfully defended companies in over 35 states and represents clients on both a regional and national basis. His elder care practice focuses on the representation of long term care facilities in matters involving claims for elder abuse, fraud, negligence, wrongful death and violations of heath & safety codes. In order to help young associates improve courtroom skills, in 1991 Mr. Martin developed and implemented at Haight Brown & Bonesteel, LLP an intensive sixweek trial technique course.

Page 8: The Edge of Tomorro · 2015-08-18 · Donna Thiel Vice President and Chief Compliance Officer EXTENDICARE HEALTH SERVICES, INC. Milwaukee, Wisconsin Paul Van Den Heuvel Vice President,

Taught by Mr. Martin every two years, the course covers voir dire, opening statement, evidence, direct examination, cross-examination and closing argument. He is a graduate of Monmouth College and The University of Illinois Law School.

Margaret T. McCarthy, RN, JD (Margie) is a Shareholder with the Phoenix, Arizona ALFA law firm of Renaud Cook Drury Mesaros, PA. Ms. McCarthy practices in the Firm’s Medical Malpractice and Healthcare Litigation Group and the Products Liability Litigation Group. Ms. McCarthy has extensive experience representing corporate and other business clients in complex litigation, including matters involving medical malpractice, pharmacy malpractice, medical device litigation, wrongful death and long term care. Ms. McCarthy received her Bachelor of Science Degree in Nursing from Presentation College in Aberdeen, South Dakota and her Juris Doctor from The University of South Dakota in Vermillion, South Dakota. Prior to joining the Firm, Ms. McCarthy was a Risk Manager for a medical malpractice insurance company. Ms. McCarthy has vast experience speaking with physicians and nurses regarding risk management and how to reduce risk. In addition to her speaking endeavors, Ms. McCarthy has surveyed numerous physician practices in an ongoing effort to address risk. Ms. McCarthy is admitted to practice before the Arizona State Bar, the South Dakota State Bar and the U.S. District Court, District of Arizona. Ms. McCarthy is an active member in a number of professional associations including serving on the steering committee for the ALFA International, Health Care Practice Group and the Women’s Initiative Practice Group. Ms. McCarthy is also a member of the American Bar Association, American Health Lawyers Association, Defense Research Institute, Litigation Counsel of America (Fellow), State Bar of Arizona, State Bar of South Dakota, South Dakota State Board of Nursing and The American Association of

Nurse Attorneys. Ms. McCarthy also serves as an Arizona State Chair for the Council on Litigation Management.

Jennifer Orr Mitchell is a Partner in the Health Care Practice Group of Dinsmore & Shohl LLP, the ALFA firm in Cincinnati, Ohio. She leads Dinsmore’s HIPAA Privacy and Security practice and initiatives and works with clients to minimize the risk of privacy and data security issues, assisting with all aspects of HIPAA privacy and security compliance, governance, audits/investigations, breach analyses, training and strategic planning. She has also served as a health care privacy expert witness. Within the constantly evolving health care legal landscape, in addition to HIPAA, Jen provides health care regulatory and compliance guidance to her clients in areas such as the federal and state anti-kickback laws, Stark law, PPACA (health reform), and other laws and regulations. Jen also handles complex litigation in both state and federal courts, including class actions and mass tort litigation. She currently focuses her litigation practice on defending health care clients in federal False Claims Act qui tam and other litigation involving claims of health care program fraud and abuse, unfair business practices, professional negligence, unfair competition, breach of privacy and other related claims. Drawing upon her litigation and health care compliance background, Jen also has an active investigations practice. She conducts health care compliance audits and investigations for large health care clients nationwide and represents clients when they are under investigation by federal and state authorities for health care fraud and abuse, HIPAA breaches, and licensure violations.

Mitchell Morris, MD is the Vice Chair and National Leader for the Healthcare Provider Sector at Deloitte including Consulting, Audit, Tax, and Financial Advisory Services. Dr. Morris has more than 30 years of experience in consulting, health care administration, research, technology,

education, and clinical care. He was previously a leader in academic medicine and was Professor of Surgery and of Health Services Research at the University of Texas, MD Anderson Cancer Center is presently Professor (adjunct) of Health Informatics at UT Houston. He has been a leader in the field of outcomes and disease management and also served as Senior VP of Healthcare Systems and as CIO at MD Anderson. Dr. Morris’s focus in consulting has been on health systems, academic organizations, and government agencies, assisting them with the development and implementation of strategies around operations, clinical programs and quality, IT, finance, research, and overall performance improvement. Dr. Morris is a pioneer in the implementation of electronic health records, web-based clinical systems and health information exchange technologies. He specializes in the effective balance between enhancing health care quality and solidifying business imperatives for efficiency, growth, and capital management. He has published extensively and is a frequent speaker on healthcare reform, technology, and quality.

Sarah Pacini, RN, JD As the Vice President of Risk Management and Insurance and the Chairperson of Advocate Insurance SPC at Advocate Health Care, Sarah is responsible for developing, implementing and directing the system-side risk management, claims management, risk financing, and insurance programs to ensure a consistent and optimal approach to minimizing liability and risk exposure. She also develops and implements system-wide policies and procedures to ensure the clinical risk, regulatory, and financing goals are timely met. Sarah is responsible for directing system-wide risk programs in order to maintain compliance with self-insurance, reinsurance and excess insurance program requirements, along with state and federal laws and regulations. She is responsible for a staff of over 45 valued associates. Sarah is a 1997 graduate of Purdue University School of Nursing. After

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graduation, she worked as a trauma nurse at a Level I Emergency Department and as a nurse consultant analyzing liability and damage issues in personal injury, product liability, and medical malpractice cases. She graduated Summa Cum Laude from DePaul University College of Law in May 2002 with a Juris Doctor Degree and a Certificate in Health Law and subsequently practiced as a prosecutor in the criminal division of the McHenry County State’s Attorney’s Office. She then returned to the Health Care Industry as a Risk Manager, combining both her nursing and legal background. Sarah is a member of the Chicago Bar Association, the Risk and Insurance Management Society, Inc., and the Captive Insurance Companies Association.

Gaylen Paulson is associate dean and director of Texas Executive Education at the McCombs School of Business. He is also a senior lecturer in the Management Department. His research and teaching focus on the strategic aspects of human interaction, such as negotiation, conflict management, persuasion and interpersonal communication. Paulson’s consulting and executive training programs frequently highlight negotiation skills, leadership and strategic influence. They have been sponsored by a wide variety of organizations such as 3M, Bayer, British Petroleum, Dell, Ernst & Young, HEB, Johnson & Johnson, Microsoft, the National Council of State Housing Agencies, NPR, Pfizer, Shell, Texas Instruments and the U.S. Army, just to name a few. Paulson’s expertise includes: processes involving confrontation; resisting and overcoming resistance to persuasion; negotiation strategies; the impact of electronic communication on performance; and perceptions of threats and warnings in the workplace.

Marilyn Reidy is a shareholder and member of the Executive Committee at Johnson & Bell, Ltd., the ALFA member firm located in Chicago. She has focused her legal career on health care litigation,

overseeing and directing all aspects of the litigation process with full responsibility for the preparation and trial of cases, specializing in medical malpractice defense, nursing home litigation and pharmaceutical negligence. She has a strong record of success in trying professional negligence cases to verdict in both state and federal court. Ms. Reidy has published and presented on various issues relating to the health care field, including such topics as Trial Tactics in Birth Injury Cases, Electronic Health Records – Where Are We Today?, What Every Good Risk Manager Should Know, From Never Events and Litigation to Best Practices, and Compliance with New Medicare Regulations, speaking to a variety of groups including the Illinois Association of Nursing Home Administrators, the Chicagoland Healthcare Risk Management Society, the Association of Corporate Counsel and others. She has also been selected as one of the Illinois Super Lawyers.

Thomas Suehs is a principal with Texas Star Alliance Commission , one of the leading lobby and government affairs firms in Texas. As a consultant on legislative issues and policy initiatives, Mr. Suehs offers a unique mix of private and public sector experience in health and human services management, finance, and public policy. Suehs’ roster of national and international clients regularly relies on his expertise and guidance to create business opportunities in the changing health care industry. Prior to joining Texas Star Alliance, Mr. Suehs was appointed Texas Health and Human Services executive commissioner on September 1, 2009, by Governor Rick Perry. Mr. Suehs served in this capacity until he retired from State government service on August 31, 2012. As head of the Texas Health and Human Services Commission, Suehs provided leadership and strategic direction to the health and human services system in Texas. The executive commissioner oversees the operations of the five health and human services

agencies, including more than 57,000 employees and combined annual budgets of $30 billion, serving more than 3.8 million Texans. Suehs served as deputy executive commissioner for financial services at HHSC from 2003 until his appointment as executive commissioner. His responsibilities included providing administrative leadership, oversight and direction for the financial management of the state’s five health and human services agencies. He also served as the deputy commissioner of the Texas Department of Mental Health and Mental Retardation and associate commissioner of the Texas Department of Human Services. He is a former executive director of the Texas Health Care Association (1989 to 1999) and past president of the American Society of State Health Care Executives. Mr. Suehs was in private health care consultant practice from 1999 to 2003. Suehs has a master’s degree in business administration from the University of Texas and a bachelor’s degree from Texas State University.

Donna Thiel is the Vice President and Chief Compliance Officer for Extendicare Health Services, Inc., which operates158 senior care facilities across the United States with approximately 15,400 beds. Ms. Thiel has been in the long term care profession for over 30 years and is currently the Privacy and Security Officer as well as the Chief Compliance Officer. Ms. Thiel has worked in many facets of long term care including; operations; clinical services; regulatory oversight; information technology and legal. In addition, she has previously presented at the American Health Care Association (AHCA) annual conference on HIPAA Privacy and Security, and at the Health Care Compliance Association’s 2014 Compliance Institute on conducting compliance investigations. She has had the opportunity to testify twice at the National Committee on Vital and Health Statistics (NCVHS) Privacy Subcommittee hearings on the impact of the Privacy Rule on long term

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care as well as the potential constraints of the Privacy Rule on the National Health Information Infrastructure.

Joseph W. Williford has been practicing with Young Moore & Henderson in Raleigh, North Carolina for over 30 years. He attended Wake Forest University from where he received his undergraduate degree in 1978 and his law degree in 1981. Joe primarily represents physicians, hospitals, long term care providers and medical device manufacturers. He has appeared in cases in all the federal courts in North Carolina, the state trial courts throughout North Carolina and administrative hearings before the North Carolina Medical Board. In addition, Joe has argued cases before both the North Carolina Supreme Court and the North Carolina Court of Appeals. Joe is a member of the American Board of Trial Advocates (ABOTA), the Federation of Defense and Corporate Counsel (FDCC), the Defense Research Institute (DRI), the North Carolina Association of Defense Attorneys (NCADA) and the American Society for Healthcare Risk Management (ASHRM). He holds an AV Peer Review Rating from Martindale-Hubbell and has consistently been recognized as a North Carolina Super Lawyer® since 2006. He has served on the firm’s practice management and compensation committees.

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GENERAL INFORMATION

MEETING LOCATIONFour Seasons Hotel 98 San Jacinto Boulevard Austin, Texas 78701 Phone: (512) 478-4500 Fax: (512) 478-3117 www.fourseasons.com/austin

REGISTRATIONPlease contact your ALFA International attorney to register.

ATTENDANCE IS OPEN ONLY TO MEMBERS OF ALFA INTERNATIONAL AND THEIR INVITED GUESTS.

HOTELThe ALFA International Room Block Rate at the Four Seasons is $265.00, single or double occupancy. The rate expires on Tuesday, April 15, 2014. It is possible that the room block will fill up before this date, so make sure to REGISTER EARLY. Hotel reservations are requested by completing the seminar registration process. Please contact your ALFA International attorney to register.

CLE CREDITALFA International certifies that this activity has been approved for CLE credit in the states of IL and CA in the amount of 7.75 hours. CLE information will be distributed on-site which will help you apply for CLE in additional states. Furthermore, participating speakers may be credited with additional CLE time pursuant to state CLE rules.

CONTACT ALFA INTERNATIONALALFA International 980 N. Michigan Ave. Suite 1180 Chicago, IL 60611 Tel: 312.642.ALFA (2532) Fax: 312.642.5346 www.alfainternational.com

PROGRAM CONTACTSStacy Culp [email protected]

Jessica Zaroski [email protected]

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Please join ALFA International on

980 N. Michigan Ave. Suite 1180 Chicago, IL 60611 Tel: 312.642.ALFA (2532) Fax: 312.642.5346www.alfainternational.com