here - McDermott Will & Emery

12 Pages·2014·0.65 MB·English

www.mwe.com/aSC-2014
ASC
2 014 S y m p o s i u m
The premier national conference addressing high-level business and legal issues affecting the ambulatory surgical center industry
Friday, FEBrUary 21, 2014 FONTaiNEBLEaU MiaMi BEaCH, FLOrida
kEyNOTE SpEakEr: ExTENd yOUr STay:
John Ellis “Jeb” Bush,
Former Governor of Florida
South BEach WinE & Food FEStival
2014 aSc Symposium
the changing health care landscape has resulted in a surge of health systems entering the ambulatory surgery center
(aSc) space, fundamentally and forever changing the aSc industry. this change has resulted in extremely robust transactional
activity in the aSc industry, including mergers and acquisitions, as well as a resurgence of de novo aScs, primarily involving
health systems.
Many health systems have established aSc divisions to facilitate the acquisition, development and management of aScs.
those health systems that have not created internal aSc divisions have entered into tri-party aSc joint ventures with
aSc management companies. these tri-party aSc joint ventures allow health systems to utilize the expertise of aSc
management companies, while also allowing aScs to enjoy the higher reimbursement rates afforded to health systems.
in addition to partnering with health systems, aSc management companies are pursuing transactions, and many have expanded
into new ancillary service lines. Given this new spectrum of buyers, independent aScs are still considering their transactional
alternatives.
the regulatory climate of the aSc industry has changed dramatically in the past year, and will continue to change in the
upcoming year in light of the affordable care act roll out, lingering budget battles and the drive to reform Medicare.
the recent initial public offering of Surgical care affiliates reflected the public market’s renewed interest in the aSc industry.
other national aSc management companies will likely either pursue public offerings or other transactions with strategic or
financial buyers.
Mcdermott Will & Emery’s 2014 aSc Symposium will provide invaluable insights into these and other critical business and
legal issues facing the aSc industry. this conference is a must for physician and non-physician business decision-makers
from independent aScs (including those in the start-up phase), senior executives and development personnel from national
and regional aSc companies, health system executives and development officers involved in aSc ventures, the health care
investment community and other health care executives with a vested interest in aScs.
We hope you will join us in Miami for the 12th annual aSc Symposium!
Jerry J. Sokol
Program chairman
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Program Faculty
Akhil Agrawal Ann Geier Daniel Melvin
President vice President of clinical informatics Partner
american Medical depot Source Medical Solutions Mcdermott Will & Emery llP
Joel Allison Robert Goettling, Esq. Richard Miller
chief Executive officer Principal President & chief Executive officer
Baylor Scott & White health the Bloom organization llc virtua health System
Jennifer Baldock Danielle Golino Scott Nordlund
General counsel & chief compliance officer associate Executive vice President
Symbion inc. Mcdermott Will & Emery llP Growth Strategy & innovation
chE trinity health
Henry Bloom Eric Gordon
President & Founder Partner Michael Peregrine
the Bloom organization llc Mcdermott Will & Emery llP Partner
Mcdermott Will & Emery llP
Brett Brodnax Bernard Grondin
President & chief development officer Partner William Main Prentice
united Surgical Partners international Mcdermott Will & Emery llP chief Executive officer
ambulatory Surgery center association
Michael Burdine, M.D. Andrew Hayek
double-Board-certified & Fellowship-trained President & chief Executive officer David Shapiro, M.D., CASC
Pain Management Specialist Surgical care affiliates immediate Past President
novaMed Surgery center of Baton Rouge llc ambulatory Surgery center association
Christy Heald
John Ellis “Jeb” Bush Senior vice President of Business development Effie Silva
Former Governor of Florida Surgery Partners llc Partner
Mcdermott Will & Emery llP
Jason Caron Adam Henick
Partner Senior vice President Jerry J. Sokol
Mcdermott Will & Emery llP continuum health Partners Partner & Program chairman
Mcdermott Will & Emery llP
Ira J. Coleman Julie Jackson
Partner assistant General counsel Joshua “Jed” Spielman
Mcdermott Will & Emery llP Surgical care affiliates Partner
Mcdermott Will & Emery llP
David Cordova Darin Jay “DJ” Hill
director, Medical Economics Founding Partner Michael Stroup
tenet healthcare corporation compass Surgical Partners Senior vice President of acquisitions
united Surgical Partners international
Gary Scott Davis Christopher Jedrey
Partner Partner Jennifer A. Vecchio
Mcdermott Will & Emery llP Mcdermott Will & Emery llP counsel
Mcdermott Will & Emery llP
Ralph de la Torre, M.D. Daryl Johnson
chairman & chief Executive officer Managing Partner James Weber, M.D.
Steward health care System llc healthcare appraisers inc. President & chief Executive officer
texas digestive disease consultants
Mark Dissette John Lawrence Jr.
Senior vice President Senior vice President & General counsel Jessica Zigmond
holy cross hospital inc. Surgery Partners llc Washington Bureau chief
Modern Healthcare
Michael Doyle Jim Leavitt, M.D.
chief Executive officer President, Gastro health P.l. Eric Zimmerman
Surgery Partners llc co-Founder, uS Gastro llc Partner
Mcdermott Will & Emery llP
Jordan Fowler Sean Michael Lynch
Founder & chief Executive officer co-Founder & chief Executive officer
Frontier healthcare holdings anesthesia healthcare Partners

2014 ASC Symposium • McDermott Will & Emery LLP 3
SYMPOSIUM DIAMOND SPONSOR:
agenda
Friday , FEBrUary 21, 2014
EXhiBit hall oPEn duRinG EntiRE SYMPoSiuM
7:15 – 8:30 am Networking Breakfast and registration
NETWORKING BREAKFAST SPONSORED BY:
8:30 – 8:35 am Welcome and Opening remarks
Jerry J. Sokol, Partner & Program chairman, Mcdermott Will & Emery llP
8:35 – 9:15 am The impact of Health Care reform on the aSC industry
this panel of legislative and regulatory experts will provide insights and predictions on how health
care reform will actually affect aSc growth, profitability and operations in the short and long term.
William Main Prentice, chief Executive officer, ambulatory Surgery center association
Jessica Zigmond, Washington Bureau chief, Modern Healthcare
Eric Zimmerman, Partner, Mcdermott Will & Emery llP
9:15 – 10:10 am The Health System perspective: The role of aSCs in the Health Care delivery System
this panel of senior executives from leading health systems will discuss investments by health
systems in the aSc space, consolidation within the health care industry and the role of aScs
in the health care delivery system.
Joel Allison, chief Executive officer, Baylor Scott & White health
Ralph de la Torre, M.D., chairman & chief Executive officer, Steward health care System llc
Richard Miller, President & chief Executive officer, virtua health System
Moderator: Ira J. Coleman, Partner, Mcdermott Will & Emery llP
10:10 – 10:30 am Networking Break
10:30 – 11:25 am State of the aSC industry: aSC Management Company Executives
this panel of senior executives from leading aSc management companies will provide insight into
current market conditions, recent trends and the future of the aSc industry.
Brett Brodnax, President & chief development officer, united Surgical Partners international
Michael Doyle, chief Executive officer, Surgery Partners llc
Andrew Hayek, President & chief Executive officer, Surgical care affiliates
Moderator: Jerry J. Sokol, Partner & Program chairman, Mcdermott Will & Emery llP
4 McDermott Will & Emery LLP • 2014 ASC Symposium
agenda
Friday , FEBrUary 21, 2014
EXhiBit hall oPEn duRinG EntiRE SYMPoSiuM
11:25 am – 12:10 pm aSC Transactions: Trends, Structuring Considerations and Case Studies
• State-of-the-art deal terms and structures
• how to do a health system or tri-party deal
• case studies of recent aSc transactions highlighting key transaction issues
Jerry J. Sokol, Partner & Program chairman, Mcdermott Will & Emery llP
Jennifer A. Vecchio, counsel, Mcdermott Will & Emery llP
12:10 – 12:45 pm Health System/aSC Transactions
• Key economic benefits of health system/aSc transactions
• identifying, maximizing and verifying reimbursement “lift”
• the risks of maintaining reimbursement “lift” into the future
Henry Bloom, President & Founder, the Bloom organization llc
Robert Goettling, Esq., Principal, the Bloom organization llc
12:45 – 2:20 pm Networking Luncheon
SPONSORED BY:

keynote Speaker:
John Ellis “Jeb” Bush, Former Governor of Florida
2014 aSc Symposium • Mcdermott Will & Emery LLp 5
concurrent Sessions
Friday , FEBrUary 21, 2014
EXhiBit hall oPEn duRinG EntiRE SYMPoSiuM
aFTErNOON SESSiONS SpONSOrEd By:
2:20 – 3:00 pm Health System and improving aSC profitability The physician perspective:
aSC Management Company • decreasing expenses through Life after an aSC deal
Joint Ventures more effective supply chain a panel of physicians who have
• Why do hospitals want and need management participated in aSc transactions
to partner with aSc management • Revenue cycle management will discuss:
companies options to improve profitability • owning an aSc after a deal:
• discussion of key issues in aSc • increasing patient satisfaction/ What really changes?
management company and health operating efficiency with one click • developing synergies, leveraging
system partnerships of the mouse experience and utilizing the
• increasing revenue through expertise of each partner
• Key business points and biggest
physician syndication • Key post-closing issues and
obstacles to negotiating a
tri-party deal Akhil Agrawal, President, strategies for addressing/
american Medical depot managing issues
• aSc development company:
consultant vs. equity partner Ann Geier, vice President of clinical Michael Burdine, M.D.,
informatics, Source Medical Solutions double-Board-certified & Fellowship-
Jordan Fowler, trained Pain Management Specialist,
Founder & chief Executive officer, Christy Heald, Senior vice President novaMed Surgery center of Baton
Frontier healthcare holdings of Business development, Rouge llc
Surgery Partners llc
Adam Henick, Senior vice President, Jim Leavitt, M.D.,
continuum health Partners Darin Jay “DJ” Hill, Founding Partner, President, Gastro health P.l.,
compass Surgical Partners
Scott Nordlund, Executive vice President, co-Founder, uS Gastro llc
Growth, Strategy & innovation, Moderator: Bernard Grondin, Partner, James Weber, M.D.,
chE trinity health Mcdermott Will & Emery llP President & chief Executive officer,
Michael Stroup, texas digestive disease consultants
Senior vice President of acquisitions, Moderator: Joshua “Jed” Spielman,
united Surgical Partners international Partner, Mcdermott Will & Emery llP
Moderator: David Shapiro, M.D., CASC,
immediate Past President,
ambulatory Surgery center association
6 McDermott Will & Emery LLP • 2014 ASC Symposium
concurrent Sessions
Friday , FEBrUary 21, 2014
EXhiBit hall oPEn duRinG EntiRE SYMPoSiuM
aFTErNOON SESSiONS SpONSOrEd By:
3:00 – 3:40 pm Managed Care for aSCs The Sticking point: disputes anesthesia arrangements:
• aSc managed care update and Contentious issues New Models and recent Trends
• antitrust issues relating to related to aSCs • update on office of inspector
managed care: how aScs can • Physician owner disputes and General advisory opinion 12-06 and
legally leverage off of hospital strategies for handing such its implications to the aSc industry
contracts disputes • current state of aSc/anesthesia
• acos, bundled payments and • Enforceability of restrictive models
clinically integrated networks covenants and tortious • outsourcing anesthesia: Selecting
interference claims a third-party anesthesia provider
David Cordova, director,
• other legal issues that arise in
Medical Economics, Eric Gordon, Partner,
the ownership or management
tenet healthcare corporation Mcdermott Will & Emery llP
of aScs
Gary Scott Davis, Partner, Sean Michael Lynch,
Jennifer Baldock, General counsel
Mcdermott Will & Emery llP co-Founder & chief Executive officer,
& chief compliance officer,
anesthesia healthcare Partners
Symbion inc.
Julie Jackson, assistant General
counsel, Surgical care affiliates
John Lawrence Jr., Senior vice
President & General counsel,
Surgery Partners llc
Moderator: Effie Silva, Partner,
Mcdermott Will & Emery llP
3:40 – 4:00 pm Networking Break
4:00 – 4:40 pm key regulatory issues aSC Governance issues: Hospital physician affiliations
impacting aSCs responsibilities and Liabilities • hospital employment of
• Preparing for an aSc deal: of a Board Member physicians and acquisitions
how to present an attractive • Key legal issues that arise when of physician-owned practices
compliance profile serving on the board of directors • hospital outpatient departments
• Responding to and managing or the board of managers of (hoPds): converting aScs into
risk associated with government an aSc entity hoPds
audits • how to effectively deal with • hospital investments in aScs:
• Syndication pricing and fair Key business terms
crisis and minimize personal
market value considerations and entity risk • hospital service line
Jason Caron, Partner, Michael Peregrine, Partner, co-management arrangements
Mcdermott Will & Emery llP Mcdermott Will & Emery llP Mark Dissette, Senior vice President,
Danielle Golino, associate, holy cross hospital, inc.
Mcdermott Will & Emery llP Christopher Jedrey, Partner,
Daryl Johnson, Managing Partner, Mcdermott Will & Emery llP
healthcare appraisers inc. Daniel Melvin, Partner,
Mcdermott Will & Emery llP
4:40 – 6:30 pm Networking Cocktail reception
2014 ASC Symposium • McDermott Will & Emery LLP 7
accommodations
FONTaiNEBLEaU MiaMi BEaCH
4441 collins ave.
Miami Beach, Fl 33140
tel: [phone]
a spectacular blend of Golden Era glamour and modern luxury, Fontainebleau today
reinvents the original vision of legendary architect Morris lapidus. at Fontainebleau,
striking design, contemporary art, music, fashion and technology merge into a vibrant new
kind of guest experience. Guests are invited to enter a world where they are free to play,
shop, dine, spa, meet or simply relax—however they define a perfect day.
Situated on oceanfront collins avenue in the heart of Millionaire’s Row, Fontainebleau
Miami Beach is one of the most historically and architecturally significant hotels on Miami
Beach. a landmark since its debut in 1954, Fontainebleau is thought to be the most significant building of lapidus’ career.
it has been restored and transformed by a team of renowned architects and designers to create one of the world’s most
dynamic destination resorts. in 2008, following a $1 billion reinvention, Fontainebleau Miami Beach reopened.
a total of 1,504 guestrooms offer luxurious comfort and amenities, from deluxe guest rooms and three-bedroom suites
to breathtaking penthouses. the 20-acre oceanfront hotel features an expansive poolscape, a pristine atlantic ocean beach,
state-of-the-art conference and event facilities, two chic nightlife venues and the 40,000-square-foot lapis spa. at the direction
of culinary celebrities from around the globe, Fontainebleau offers 12 fine dining and casual restaurants, bars and lounges.
rESErVaTiON iNFOrMaTiON
a block of guest rooms is being held at the Fontainebleau Miami Beach. to receive a special room rate starting at $369/night,
based on availability, call reservations at [phone] and be sure to mention the Mcdermott aSc Symposium when
securing your reservation. You may also visit www.myregsite.com/mwe_asc_2013/venue.html to make your reservations
online. reservations must be made by Thursday, February 7, 2014.
additional room requests received after February 7 are subject to room and group rate availability. no-shows will be charged
the full room revenue for the dates of the reservation.
addiTiONaL rOOM BLOCk iNFOrMaTiON
a small block of additional guest rooms is being held at the townhouse
hotel. the townhouse hotel is located less than two miles away from
the Fontainebleau Miami Beach. to receive a special room rate starting at
$240/night plus tax, based on availability, please call the townhouse hotel
directly at [phone] and be sure to mention the Mcdermott Will & Emery
block when securing your reservation. For more information on the townhouse
hotel, please visit their website at www.townhousehotel.com.
8 McDermott Will & Emery LLP • 2014 ASC Symposium
additional information
THE FOOd NETWOrk SOUTH BEaCH WiNE & FOOd FESTiVaL (FEBrUary 20-23, 2014)

the 2014 aSc Symposium will be held during the Food network South Beach Wine & Food Festival. We hope you will
choose to extend your stay and purchase tickets to various events. the Food network South Beach Wine & Food Festival
presented by Food & WinE is a national, star-studded, four-day destination event showcasing the talents of the world’s
most renowned wine and spirits producers, chefs and culinary personalities. hosted by Southern Wine & Spirits of Florida
and Florida international university (Fiu), the festival benefits Fiu’s chaplin School of hospitality and tourism Management
teaching Restaurant and the Southern Wine & Spirits Beverage Management center. to date, this event has raised more than
$19 million for the school. To learn more about the festival and to purchase tickets to various events, please visit
http://corporate.sobefest.com/.
airpOrT iNFOrMaTiON
the Fontainebleau is located approximately 12 miles from Miami international airport and 28 miles from Fort lauderdale
international airport. taxis are readily available outside the baggage claim area at both airports. the hotel concierge can also
arrange car service to and from both airports.
2014 ASC Symposium • McDermott Will & Emery LLP 9
Registration and accreditation
the cost for this full-day event is $795 per person and $695 for additional individuals from the same organization.
SpECiaL rEGiSTraTiON FOr pHySiCiaNS! the cost for physician-owner attendees is $395 per person.
Payment is accepted in the form of a personal or company check or credit card. Please complete a separate registration form
for each attendee. a confirmation e-mail will be sent to you upon paid registration.
CaNCELLaTiONS/SUBSTiTUTiONS
the registration fee is refundable with a written notice received by Friday, February 14, 2014. after February 14, no refunds
will be given, although you may transfer your registration to another person from the same organization. You may also use the
registration fee toward a future Mcdermott program.
Please fax the completed registration form to [phone] or, if paying by check, please mail to Mcdermott Will & Emery,
attention: teresa deRienzo, 340 Madison ave., new York, nY 10173.
aCCrEdiT aTiON
Continuing Medical Education (CME) Credit
this cME activity has been planned and implemented in accordance with the Essential areas and Policies of the accreditation
council for continuing Medical Education (accME) through the Joint Sponsorship of the institute for Medical Studies (iMS)
and Mcdermott Will & Emery llP. iMS is accredited by the accME to provide continuing medical education for physicians.
the institute for Medical Studies designates this live activity for a maximum of 6.0 AMA PRA Category 1 Credits™. Physicians
should claim only the credit commensurate with the extent of their participation in the activity. attendees must sign in onsite
at the Symposium in order to qualify for cME credit.
Continuing Legal Education (CLE) Credit
clE credit is pending in california, illinois, new York and texas. a uniform certificate of attendance will be made available
to participants requesting clE credit in all other states. attendees must sign in onsite at the symposium in order to qualify for
clE credit.
10 McDermott Will & Emery LLP • 2014 ASC Symposium