Healthcare Supply Chain Compliance: Minimizing Regulatory and Contractual Liability Risk

Optimal Structuring, Negotiating and Managing Supply Chain Contracts and Vendors

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, May 31, 2017
Recorded event now available


This CLE webinar will guide healthcare counsel in examining the legal risks that often exist in supply chains. The panel will discuss how careful due diligence, thoughtful contract negotiation, and effective policies and procedures can mitigate risk.

Description

Healthcare companies and providers are facing increasing supply chain-related risks as well as new supply chain-focused regulations. Healthcare companies, providers and employees frequently interact with numerous vendors whether on-site or via telephone, email or other means of communication. Not knowing with whom staff interacts or who is coming in contact with patients, or patient information, presents significant risks.

Healthcare companies and providers must carefully choose vendors, first vetting, then strategically negotiating and structuring contracts with them, and finally managing them. Counsel must ensure that the contracts as well as the healthcare companies’ and providers’ policies and procedures dealing with vendors reduce the customer’s risk from vendor violations of federal and state regulations, including HIPAA and the Medicare Conditions of Participation.

Through proper due diligence during the initial supplier selection process, carefully negotiated contracts, and effective oversight of the supplier relationship, healthcare companies and providers can mitigate risk and avoid costly missteps.

Listen as our authoritative panel of healthcare attorneys examines supply chain risks and what healthcare companies and providers need to do to mitigate those risks. The panel will discuss the policies and procedures to have in place; negotiating, drafting and managing supply chain contracts; identifying vendors as business associates, and more. The panel will offer strategies for ensuring regulatory compliance.

Outline

  1. Supply chain risks and healthcare companies
  2. Mitigating supply chain risks
    1. Policies and procedures to have in place
    2. Vetting and selection of vendors
    3. Identifying vendors as business associates
  3. Negotiating, drafting and managing supply chain contracts
  4. Strategies for ensuring regulatory compliance

Benefits

The panel will review these and other key issues:

  • What are the key supply chain risks facing healthcare companies and providers?
  • What questions should healthcare companies and providers ask during the supplier vetting process to minimize the likelihood of selecting a risky supplier?
  • What key terms should be negotiated in the supplier contract to help mitigate supply chain risks?

Faculty

Ira Berkowitz, Senior Counsel
Dignity Health, Phoenix

Mr. Berkowitz provides general legal services to numerous departments with enterprise wide responsibility for Dignity Health His present practice focus is Dignity Health’s Information Technology, Supply and Service Resource Management (SSRM), Revenue Cycle Management and Corporate Treasury Departments. Legal services include the development and negotiation of various types of complex contractual relationships.

William T. Mathias, Shareholder
Baker Donelson Bearman Caldwell & Berkowitz, Baltimore

Mr. Mathias represents clients across the U.S. in all areas of the health care industry, with a particular emphasis on fraud and abuse, internal and government investigations, and corporate compliance matters. His practice focuses on advising clients on compliance with the federal antikickback law, the Stark physician self-referral statute and the federal civil monetary penalty provisions. He also advises health systems and GPOs on compliance with the discount and GPO safe harbors as well as strategies for reducing legal risks associated with cutting edge supply chain management and purchasing programs. He is a former vice chair of the American Health Lawyers Association’s Fraud & Abuse Practice Group.

Stephen K. Phillips, Partner
Hooper Lundy & Bookman, San Francisco

Mr. Phillips is a corporate and health care regulatory partner and the chair of the firm’s Technology Practice Group. His practice focuses on Fraud and abuse law; privacy and security law; electronic medical and personal health records; telemedicine and Web-based services; managed care licensing and contracting; GPO and supply chain purchasing; tax-exempt status and requirements; pharmaceutical prescribing, dispensing, manufacturing, importation and purchasing, including 340B agreements; medical, dental and other professional practice act restrictions, including corporate practice laws; corporate compliance program design and counseling; and drug and device clinical trials and FDA export, marketing and manufacturing regulations.


Recordings

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Program Materials

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Program Materials

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CLE Credits

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Customer Reviews

The speakers were well prepared and were able to explain the information in a clear and concise manner.

Ayala Schwartz

Columbia University Clinical Trials Office

The presentation materials were very helpful and thorough.

Kristin Jones

Stradley Ronon

I enjoyed the programs content and the speaker's perspectives.

Brenda Laigaie

Wade Goldstein Landau & Abruzzo

Very valuable information.

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Akin Gump

The presentation materials were clear and logical. Presenters were knowledgeable and their respective presentations dovetailed nicely.

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NMDP

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Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

Jennifer L. Evans

Shareholder

Polsinelli

Ryan S. Johnson

Shareholder

Fredrikson & Byron

Gina M. Kastel

Partner

Faegre Baker Daniels

Karen S. Lovitch

Member

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

David A. Manko

Partner

Proskauer Rose

John J. Miles

Senior Counsel

Baker Donelson

C. Elizabeth O'Keeffe

Counsel

Wyatt, Tarrant & Combs

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

John R. Washlick

Shareholder

Buchanan Ingersoll & Rooney

Jesse A. Witten

Partner

Drinker Biddle & Reath

or call 1-800-926-7926

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