CLE Schedule​

Download Schedule At-a-Glance​​​​

Thursday, August 15

7:45 a.m. - 8:30 a.m.

Registration and Continental Breakfast

8:30 a.m. - 9:45 a.m.

Opening Plenary: Identifying, Investigating, and Preventing Harassment and Bullying in the Workplace

Equal Empl​oyment Opportunity laws serve to safeguard employees from harassment and discrimination based on their protected class status, but what happens when bullying behavior doesn't amount to unlawful harassment yet is still creating a toxic environment? This session will cover:

  • How to identify the differences between bullying and unlawful harassment
  • The organizational and personal impacts that can result from ignoring toxic behavior
  • What legal rights the employer has relative to the bully and what obligations it has to the victim
  • Investigative and interview techniques designed to effectively probe and detect bullying behavior
  • How to eradicate bullying behavior by using remedial plans or through termination​

Presented By:

Lisa M. Bergersen
EngageHR Law LLC, Delafield

Claire E. Hartley
Buelow Vetter Buikema Olson & Vliet LLC, Waukesha


9:55 a.m. - 11:10 a.m.

Health Law Update

Review key federal and state legislative and regulatory developments affecting health care providers. Discuss the continuing saga of health care reform, the opioid epidemic, health information privacy laws, CMS reimbursement enhancements, health care consolidations, fraud, abuse, additional public health updates, and more.​

Presented By:

David Cade
American Health Lawyers Association, Washington, D.C.

Thomas N. Shorter
Godfrey & Kahn, S.C., Madison

 

Labor and Employment Law Update

​Keep up with important changes in labor and employment law impacting you and your clients with this update on federal case law and pending litigation, an overview of recent Wisconsin litigation and regulatory changes, and predictions about future hot topics in labor and employment law.

Presented By:

Sara J. Geenen
The Previant Law Firm, S.C., Milwaukee

 


11:10 a.m. - 11:25 a.m.


11:25 a.m. - 12:15 p.m.

Accessibility of Web-Based Patient Technologies

​Health care providers are increasingly reliant on websites and other online portals to provide patients with information. Other web-based technologies, such as virtual visits, are also becoming more commonplace. While health care providers associate the Americans With Disabilities Act (ADA) with creating barrier-free brick and mortar facilities, there is mounting concern over the accessibility of these emerging technologies to individuals with disabilities.​ You'll learn:

  • How the ADA accessibility standards apply to emerging technologies in health care
  • Recent trends in ADA enforcement by the Department of Justice and private plaintiffs
  • How to deploy new health care technologies while remaining ADA compliant

Presented By:

Ralph V. Topinka
ProHealth Care Inc, Waukesha

Stacy Gerber Ward
von Briesen & Roper, s.c., Milwaukee

 

Arrest and Conviction Record Discrimination in the Workforce

Explore the realities of mass and disparate incarceration for Wisconsin residents and understand W​isconsin employers' and employees' rights and obligations under both state and federal laws. Learn how to:

  • Abide by state and federal guidance
  • Screen applicants, conduct independent investigations, and formulate a substantial relationship analysis
  • Advise clients with troubled backgrounds
  • Identify what types of arrest and convictions are conducive to the substantial relationship test​

Presented By:

Warren E. Buliox
MWH Law Group LLP, Milwaukee

Colin B. Good
Hawks Quindel, S.C., Madison

 

A Practical Guide to Physician Contracting

​​A number of laws, regulations, and negotiating tactics must be considered when contracting with physicians. From the Stark and Anti-Kickback Laws to the new CMS preclusion list, lawyers need to be able to recognize potential pitfalls and develop strategies to mitigate risks. Explore hot topics in physician compensation and contracting, as well as how changes in the law and recent enforcement actions may impact physician contracting strategies​.

Presented By:

Tyler James Junger
Hall, Render, Killian, Heath & Lyman PC, Milwaukee

Joseph N. Wolfe
Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee

 


12:20 p.m. - 1:35 p.m.

Optional Keynote Presentation & Luncheon: The Courage to Get Off the Fence – Featuring Phyllis Randolph Frye

Learn the differences between sexual orientation, gender identity, and gender expression. Review ongoing legal and political transgender issues of concern. Hear the personal testimony of a leader of the national transgender movement, the first “out” transgender judge in the U.S., and a lawyer who exclusively represents transgender clients in name-change and discrimination cases. You’ll leave with a better understanding of the issues transgender individuals face on a daily basis and understand ways in which you can help foster a more diverse and inclusive society.

PLEASE NOTE: If you’d like to attend this event, check the box for the optional luncheon when you register.​


Sponsored By:

Godfrey & Kahn, S.C.

Presented By:

Phyllis Randolph Frye


1:45 p.m. - 2:30 p.m.

Recent Federal Enforcement Trends in the Opioid Crisis

As the opioid epidemic intensifies across the U.S., the Department of Justice is changing its enforcement methods in order to combat overprescription and overuse of opioids. This session will discuss the effectiveness of the DOJ's recent efforts to increase length of sentences and speed of process. Delve into:

  • The civil investigative demand (CID) process, the Health Fraud Statute, the False Claims Act, and the Controlled Substance Act
  • The latest opioid-related regulations
  • The economic toll on health care utilization and local, state, and federal governments​

Presented By:

Sean O. Bosack
Godfrey & Kahn SC, Milwaukee

 

What (Not) to Do at the Equal Rights Division: A Discussion with the ERD

Description coming soon.

Presented By:

Amanda Dynicki Tollefsen
Wisconsin Department of Workforce Development - Equal Rights Division, Milwaukee

Matthew P. White
Wisconsin Department of Workforce Development - Equal Rights Division, Milwaukee

 

Navigating Pre-Employment Screening in Health Care Hiring

A growing number of health care organizations are utilizing pre-employment screening. As organizational needs expand and increase in complexity, so do compliance requirements. Examine specific case studies to discover practical tips and sample language for ensuring compliance with background check, privacy, and fair credit reporting laws.

Presented By:

Tom G. O'Day
Godfrey & Kahn, S.C., Madison

 


2:30 p.m. - 2:45 p.m.


2:45 p.m - 4:00 p.m.

Medical Record Cloning Compliance Risk: Electronic Health Record Documentation

With the shift to electronic health records, vendors have incorporated “copy and paste,” carry forward, and other cloning features into technological tools in an attempt to boost the efficiency, accuracy, and complete documentation of services. However, if used improperly, cloning tools can contribute to regulatory noncompliance, adversely impact patient safety, and create financial risk. With the government’s increased focus on how cloning can problematize medical record documentation, understand the issues and receive recommendations for reducing the risk of noncompliance within your organization.

Presented By:

Stephane P. Fabus
Hall, Render, Killian, Heath & Lyman PC, Milwaukee

Katherine A. Kuchan
Hall, Render, Killian, Heath & Lyman PC, Milwaukee

 

Independent Contractors and Joint Employment: Two Important Tests in Flux and Under the Spotlight

As the “gig economy” grows, ​scrutiny over the classification of workers as independent contractors or employees has intensified. In 2018, a California ruling applied a new, more stringent test to classification of independent contractors, followed by reversals by the National Labor Relations Board (NLRB). As courts at the federal level continue to debate this issue, the Department of Labor and the NLRB seek to return the joint employer test to its pre-2015 state.

Determining the proper classification of employees has significant implications for compensation, coverage under anti-discrimination laws, worker’s compensation, and employee benefits. This session will get you up to speed on recent related decisions and changing developments. You'll also receive an overview of the legal implications of the independent contractor/employee classification and the joint employer tests.

Presented By:

Caitlin Marie Madden
Hawks Quindel, S.C., Madison

Katelynn M. Williams
Foley & Lardner LLP, Madison

 

Corporate Social Responsibility: HR's Role

Employees and consumers increasingly seek out businesses that embrace purpose beyond profit. More than 75% of millennials consider a company’s social and environmental commitments before deciding where to work, and more than 75% of Americans say they will decline to do business with a company whose views conflict with their beliefs.

As issues like #MeToo, fair trade, and family-sustaining wage initiatives become more and more important, it is imperative that legal counsel understand HR’s role and the surrounding legal issues.

  • Understand what to consider in developing and implementing a corporate social responsibility policy
  • Learn how to incorporate HR practices and policies into a corporate social responsibility program
  • Know how to avoid doing corporate social responsibility the wrong way.

Presented By:

Laurie A. Petersen
Lindner & Marsack, S.C., Milwaukee

Richard F. Rice
Fox & Fox, S.C., Monona

 


4:10 p.m. - 5:25 p.m.

Afternoon Plenary: How Legal Counsel Can Help In-House Investigators Avoid Common Pitfalls

Even the most experienced investigators can fall prey to common missteps when conducting in-house investigations. Examine common ways in-house investigations miss the mark and learn how outside counsel can help clients identify and avoid investigation missteps. You'll leave knowing how to conduct a a fair, efficient, effective (and defensible) internal investigation.

Presented By:

Jay D. Heitman
Ascension Wisconsin Office of General Counsel, Milwaukee

Maria F.M. Ludwigson
Gundersen Health System Inc, La Crosse

Brigid Moroney Misfeldt
Aurora Health Care, Milwaukee

Jill Hamill Sopha
Sopha Mediation LLC, Pewaukee


5:25 p.m. - 6:45 p.m.

Thursday Evening Social Hour and Cocktail Reception

Join us for beverages and hors d'oeuvres after the CLE sessions on Thursday to relax and socialize with judges, lawyers, and other legal professionals from around the country.

 



Friday, August 16

7:45 a.m. - 8:30 a.m.

Continental Breakfast, Health Law Section Meeting

8:30 a.m. - 9:20 a.m.

Morning Plenary: Ethics for Organizational Lawyers

Understand how the Rules of Professional Conduct apply in situations commonly faced by lawyers who represent organizations. This helpful examination of the dos and don’ts of professional conduct will explore ethical issues including conflicts, confidentiality, and the no-contact rule.

Presented By:

Timothy J. Pierce
State Bar of Wisconsin, Madison


9:30 a.m. - 10:20 a.m.

Recurring Problems in Physician Compensation and How to Resolve Them

Learn the common issues hospitals face regarding physician compensation and receive guidance on timely and creative ways to solve those challenges. ​​Acquire techniques to evaluate physician compensation and resolve problems on time, including how to:

  • Quit misapplying survey data
  • Determine physician productivity
  • Avoid “taking into account” the volume or value of referrals
  • Draft compensation terms
  • Align compensation with quality and value
  • Structure profitability bonuses
  • Avoid stacking issues

Presented By:

Mandy Hayes-Chandler
SSM Health, Oklahoma City

Albert "Chip" Hutzler
HealthCare Appraisers, Inc., Boca Raton

 

Predicting the Future of Wage and Hour Law

One year after the Epic Systems Corporation v. Lewis decision, the panelists will discuss the impact of this monumental ruling on the relationship between employers and employees. You’ll also receive an overview of the latest case law developments and an update on the Department of Labor’s:

  • Recent opinion letters and guidance
  • Proposed rule changes to white collar exemptions
  • Pending rule changes

Presented By:

Larry A. Johnson
Hawks Quindel, S.C., Milwaukee

Dave Zoeller
Hawks Quindel, S.C., Madison

 

Beyond Shuttle Diplomacy: Mediator Views on Breaking Through Impasse

Receive fresh, unique perspectives on techniques for breaking through impasses from mediators and arbitrators who have represented both management and employees. Discover effective techniques to employ before, during, and after mediation sessions that can maximize the chance of a successful outcome.​​​

Presented By:

Danielle L. Carne
Carne Dispute Resolution, Madison

Peter A. Oppeneer
US District Court, Madison

Jill Hamill Sopha
Sopha Mediation LLC, Pewaukee

 


10:20 a.m. - 10:35 a.m.

Refreshment Break

10:35 a.m. - 11:25 a.m.

Anatomy of a Business Associate Agreement

Business Associate Agreements (BAAs) are a required component of HIPAA compliance and form a contractual relationship. Understand when a relationship requires a BAA and the necessary components of a HIPAA-compliant BAA. Learn what contractual provisions, revisions, and negotiation strategies should be considered when addressing an organization's risks and balancing business associate with covered entity interests​.​​

Presented By:

Cari-Ryan Campbell
Reynolds & Kenline, Dubuque

Lindsey Croasdale
Hall Render Killian Heath & Lyman, Milwaukee

Stephane P. Fabus
Hall Render Killian Heath & Lyman, Milwaukee

 

Recognizing and Dealing with Age-Related Disabilities

Take a look at the legal issues surrounding disabilities in the workplace, with a special focus on "hidden" disabilities that can arise during the aging process like Alzheimer’s or mental health conditions. Examine ageism in the workplace as well as court decisions and Equal Rights Division decisions relating to mental health and the aging process. ​​Learn options for dealing with challenging situations and how to:

  • Accommodate mental health limitations
  • Use severance agreements to address employee medical limitations
  • Recognize potential disabling conditions that may impact an employee’s performance

Presented By:

Alyson Dieckman
Dietrich VanderWaal Law Group SC, Wausau

Dean R. Dietrich
Dietrich VanderWaal Law Group SC, Wausau

 

Hot Issues in Medical Staff Law

Examine emerging employment issues when dealing with medical staff and providers for hospitals and healthcare systems. Receive an update on Health Care Quality Improvement Act (HCQIA) immunity and other provider litigation, plus:

  • Explore changes to the National Practitioner Data Bank (NPDB) reporting
  • Learn tactics for dealing with aging and disruptive providers on staff
  • ​Understand how to choose between medical staff/peer review processes and human resources processes

Presented By:

Doris E. Brosnan
von Briesen & Roper, S.C., Milwaukee

 


11:35 a.m. - 12:25 p.m.

Closing Plenary: Bias & Privilege in the Legal World

Join Jared Prado, attorney and police officer from the City of Madison Police Department, for an interactive examination of advanced implicit bias, cultural competency, equity-based principles, and the role that legal professionals can play in addressing systemic bias. You'll also learn several strategies to reduce the harmful impacts of implicit bias​ and how to apply these strategies in your everyday work.

Presented By:

Jared Prado
Madison Police Department, Madison


12:25 p.m.

Institute Concludes
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Contact Us

General Info:
Erin Everett
eeverett@wisbar.org
(800) 444-9404 ext. 6146
(608) 250-6146
 
Sponsors:
Karen Richter
krichter@wisbar.org
(800) 444-9404 ext. 6132
(608) 250-6132
State Bar of Wisconsin