The 2016 Summer Meeting of The Long­-Term Care Risk Legal Committee

Chicago IL

Aug 4 - 5, 2016

The Long-Term Care Risk Legal Committee is a  group of legal and risk management professionals who meet together to discuss the latest trends in the industry.  This is an invite-only professional networking group that has been meeting for over twenty years.  Our Committee membership is made of companies of all sizes and across teh complete continuum of the long-term care spectrum.

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Bruce Dmytrow

Vice President, CNA

Bio: January 1, 2015 to Present: CNA Aging Services and National Programs (Dental and Allied Healthcare Providers) Underwriting CNA is a trusted leader in the aging services market, providing insurance solutions and services to skilled nursing and sub-acute facilities, continuing care retirement communities, assisted living centers, independent living communities, memory-loss facilities for dementia and Alzheimer's care, and home and community-based services. CNA is a market leader in providing insurance solutions to dentists, as well as nurses, nurse practitioners and other allied healthcare provides. Responsibilities •Develop strategic and tactical directions for growth and profitability of CNA Aging Services and National Programs businesses •Collaborate with CNA branch offices to provide underwriting support and education to offer innovative insurance products and risk management solutions •Continuously improve business operations to create valued customer experiences and ease of doing business •Nurture and strengthen relationships with CNA distribution partners, providing resources to support sales efforts December 15, 1995 - December 31, 2014: CNA Specialty Risk Control •Developed strategic and tactical directions for growth and profitability of CNA Specialty businesses through coordination with senior management team •Established overall risk management model for CNA Specialty risk control program targeted for integration into the CNA enterprise-wide structure •Directed the development and implementation of risk control products and services •Established professional development and succession plans for CNA Specialty risk control staff •Created an environment that fosters cohesive working relationships based on trust and integrity

Carin Marney

Shareholder, Lane Powell

Bio: Carin Marney focuses her practice on representing long term care providers, including skilled nursing, assisted living, and independent living facilities, and other health care providers. Carin routinely advises and represents clients in regulatory matters, such as resolving and avoiding licensing disputes, compliance programs, transfers and discharge, surveys, licensing and certification. She has also defended long term care clients and other health care providers throughout the Pacific Northwest in high profile litigation involving allegations of neglect and abuse of vulnerable adults and wrongful death, and in disciplinary matters brought by the Department of Health. Additionally, Carin represents businesses and other professionals in complex litigation involving commercial and personal injury disputes. She is AV Preeminent® rated by Martindale-Hubbell®. Carin serves as the Vice Chair of Strategic Activities for the American Health Lawyers Association’s Alternative Dispute Resolution Affinity Group.

Cory Fosco

Vice President, Sales, Telemedicine Solutions/WoundRounds

Bio: Cory Fosco leads the sales and marketing teams at WoundRounds. His background spans 19 years in the long term care industry as a sales executive for emerging healthcare IT companies providing software solutions for long term care facilities. Most recently, Mr. Fosco led the National Accounts efforts for Resource Systems (acquired by Cerner), ramping sales of the CareTracker ADL solution from 300 to over 3,000 long term care facilities. Previously, he was Vice President of Long Term Care at ECIN and grew facilities from startup to over 9000 long term care facilities at which time ECIN was acquired by Allscripts. Mr. Fosco holds a B.A. degree from Loyola University and M.A. from Northwestern University.

Drew Graham

Shareholder, Hall Booth Smith

Bio: Drew Graham started his practice with Hall Booth Smith, P.C. in 1992, developing expertise in traditional medical and professional negligence. In 1996, Mr. Graham created the firm’s Long Term Care Practice Group in response to industry demand for specialist attorneys in the evolving area of long term care litigation. As chair of the LTC Practice Group, Mr. Graham is committed to making it the go-to resource for healthcare providers facing the challenges of a complex and highly regulated specialty. The group has grown to include over 20 attorneys, each with an in-depth appreciation of the industry. Mr. Graham specializes in the management of high exposure professional liability claims including complex regulatory and reimbursement actions, class actions, and batch claims. He has tried more than 40 cases to resolution and has resolved hundreds professional liability of cases through the use of alternative dispute resolution strategies including arbitration and mediation. Mr. Graham is frequently called to assist local counsel with the management of complex batch claims, complex discovery, and trial. Mr. Graham is actively involved in numerous professional organizations and is frequent speaker at industry and legal meetings. He is peer rated AV by Martindale Hubbell. He lives in Atlanta with his wife and daughters.

Hans Koehler

Senior Vice President, Liability Claims, Kindred Healthcare

Bio: Senior Vice President of the Liability Claims Department at Kindred Healthcare, Inc., managing a diverse group of lawyers, clinicians, and insurance professionals handling professional liability and malpractice claims litigation across 46 states. Kindred Healthcare (NYSE:KND; Louisville, KY) is the nations largest post-acute healthcare company and the 85th largest private employer in America with over 103,000 employees across 2000 sites of service.

Harold Malkin

Shareholder, Lane Powell

Bio: Harold Malkin has an active litigation practice and is Chair of the Firm’s Investigations and Regulatory Compliance Team. Prior to joining Lane Powell, Harold served more than 20 years at the U.S. Department of Justice (DOJ), most recently as the Deputy Civil Chief and Chief of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office in Seattle. Harold has led and successfully resolved numerous multi-million dollar civil and parallel civil/criminal investigations of government program and procurement fraud under the False Claims Act and its qui tam (whistleblower) provisions. He possesses in-depth knowledge related to Medicare and Medicaid fraud by institutional and individual providers of all types; defense procurement fraud; schemes to obtain government contracts and grants set aside for small and minority-owned businesses and other targeted recipients; and schemes to evade export/import duties. Harold has also handled numerous civil penalty matters involving drug diversion and other violations of the Controlled Substances Act by physicians, pharmacies, hospitals and other Drug Enforcement Administration registrants. Harold interrupted his 15 year tenure with the U.S. Attorney’s Office in 2001-2007 to serve as a partner at a top-tier Seattle litigation firm, where he conducted internal corporate investigations and defended individuals and companies under civil and criminal investigation by state and federal authorities. He also served six years as a Trial Attorney in the Civil Fraud Section of the Civil Division of DOJ in Washington, D.C.

John Hall

Partner, Hall Booth Smith

Bio: John E. Hall, Jr. is one of the founding partners of Hall Booth Smith, P.C. He is dedicated to making the firm the finest litigation firm in the Southeast. John Hall specializes in the defense of high exposure cases, including medical malpractice, construction, commercial litigation, mass torts, transportation, and products liability. During his legal career, he has tried in excess of 100 cases to resolution. His expertise in high exposure birth trauma and catastrophic cases resulted in his being named National Counsel for several major insurance carriers. This National Counsel Program establishes a litigation approach, which enables a team of specialized attorneys to become involved and assist local counsel on high exposure cases at all phases of the legal process. John Hall also maintains a corporate practice in International, International Trade and Finance, Arbitration/Mediation, Business Structures, Health Care, and Commercial Litigation. John Hall is the firm's primary contact and a member of the Board of Directors of the USLAW Network. USLAW is an organization of independent law firms with offices throughout the United States. USLAW provides high quality legal services without unnecessary expense to the client. John Hall is actively involved in a number of professional organizations and speaks at a number of continuing legal education programs. In addition, he is closely involved in developing and providing educational materials to clients. Mr. Hall currently serves as an Honorary Consul to the Country of Georgia and as Chairman of the Atlanta-Tbilisi Sister City Committee where he actively engages in developing international relationships between the state of Georgia and the country of Georgia.

Mike Diamond

CEO, Telemedicine Solutions

Bio: Mike Diamond leads the Telemedicine Solutions team, leveraging over 20 years of healthcare technology experience with a focus in product innovation, sales management and marketing. Mr. Diamond has held various executive management roles in emerging information technology start-ups and Fortune 500 companies. He previously served as Founder and Managing Partner of Insight Technologies and Senior Vice President of E&C Medical Intelligence. Before E&C, he was Senior Vice President for Extended Care Information Network (ECIN) where he scaled revenues from launch to over $10 million across 3,200 client organizations, prior to acquisition by Allscripts. Before joining ECIN, Mr. Diamond was a Region Vice President for McKesson Corporation. He serves on the advisory boards of several healthcare products companies, and holds a B.S. degree in Business Management from St. John’s University in Minnesota.

Rhett Gustafson

EVP Finance & Strategic Development, Telemedicine Solutions

Bio: Rhett Gustafson leads the finance and development efforts for the organization. He has over 20 years of experience in the financial markets, most of which have been devoted to delivering value to emerging private and publicly-traded companies in the form of growth capital and strategic guidance. Mr. Gustafson most recently was founder and managing principal of Strata Partners, LLC, an investment banking boutique for emerging growth companies. He spent the early part of his career in institutional sales with Merrill Lynch Capital Markets and Cowen & Company in San Francisco. Mr. Gustafson holds a B.A. degree from St. Olaf College.

Kevin Junod


Bio: Accomplished insurance executive and healthcare industry practice leader with more than 24 years of experience and expertise providing creative insurance risk solutions to healthcare industry clients throughout the United States. Client service and professional liability broking team leader, offering deep client expertise across a diversity of healthcare industry sectors, including national and regional health systems, community hospitals, specialty hospitals including behavioral and sub-acute, physician groups, elder care facilities, managed care organizations, health insurers, home health organizations, pharmacies, and global pharmaceutical manufacturers. Mobilizing large insurance and risk professional teams to solve client problems, increase coverage and reduce client cost of risk.

Dan Herbstman

Chief Executive Officer, Third Eye Health

Jamison Feramisco

Chief Medical Officer, Third Eye

Jason Lundy

Partner, Polsinelli

Joyce Benton

Assistant Vice President, Healthcare Risk Control, CNA Healthcare

Nancy Sulzberger

Risk Control Director , CNA Healthcare

Patrick Cella

CNA Chicago Staff Counsel , Law Offices of Edward J. Kozel

Annaliese Impink

Executive Vice President of Compliance and Regulatory, Sava Senior Care

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