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Health Care Compliance Certification Program

A Certification Program for Pharmaceutical, Biotech and Medical Device Compliance Officers

SPEAKER BIOGRAPHIES

Mark Barnes Mark Barnes, a partner at Ropes & Gray LLP, has practiced and taught law and has administered governmental programs in the health care field for the past 20 years. Educated at Yale Law School and Columbia University School of Law, Mark taught full time at Columbia for four years, and more recently has served as an Adjunct Professor of Law at a number of law schools, including Brooklyn Law School and New York University School of Law. He has taught courses in public health law, health care law and finance, managed care law, and occupational health and safety.

Mr. Barnes served as the Director of Policy for the New York State Department of Health AIDS Institute in the early 1990s. In 1993, he was a consultant to the White House National Health Care Reform Task Force, and he served from 1992 to 1994 as Associate Commissioner for Medical and Legal Policy for the New York City Department of Health. In the mid 1990s, Mr. Barnes was the Executive Director of the AIDS Action Council, where he lobbied and advocated on AIDS funding and policy before Congress, federal agencies, and the Office of the President.

Mr. Barnes represents hospitals, health care associations, physicians, social services agencies, and related organizations in regulatory, reimbursement, research, HIPAA compliance, and litigation matters. He serves as a member of the Advisory Committee for Human Research Protections of the Secretary of the United States Department of Health and Human Services. His recent articles on HIPAA compliance and conflicts of interest in human research have appeared in the Journal of the American Medical Association and in the BNA Health Law Reporter.

Mr. Barnes is recognized as one of the top lawyers in the field of research compliance and HIPAA regulations.
Michael D. Bell Michael Bell is Of Counsel in Mintz Levin’s Washington, D.C. office, where he practices in the firm’s Health Care Section, specializing in legal and regulatory matters arising under the Medicare, Medicaid and other third party payment programs. He assists health care organizations on a wide variety of legal and strategic issues, but he concentrates his practice on the areas of third party reimbursement, fraud and abuse, compliance, and privacy and electronic security issues. He also has significant expertise in the regulation and operation of managed care organizations, including Medicare Advantage plans (formerly Medicare+Choice Organizations). 

Mr. Bell was recently named General Counsel of Air Products Healthcare, a premier regional home healthcare provider in the New England, Northeast, Mid-Atlantic, Chicago, Southeast and Tennessee areas, and Senior Compliance Officer at Solaris Health Systems, which operates a wide array of organizations, services and facilities in central New Jersey including acute care hospitals, inpatient and outpatient rehabilitation centers, nursing and convalescent facilities and specialized treatment programs. 

At Mintz Levin, Mr. Bell serves as privacy counsel to over 40 health care organizations, ranging from Fortune 50 companies to independent pharmacy organizations. He assists covered entities, business associates, data base architects and software designers on a variety of complex disclosure issues, resolution of incidents, policy and procedure formulation, and strategic developments, including the design and implementation of electronic medical record and prescribing systems and FDA Part 11 complaint databases. He is the manager of the firm’s HIPAA partnership with the National Association of Chain Drug Stores for which he oversees the continual update of a 50-state privacy survey and preemption analysis.

 Michael is frequent speaker on the issues of privacy and security and is the primary author of a widely-distributed HIPAA Privacy Manual, a HIPAA Security Manual, which is published by URAC, a book chapter in The HIPAA Patient Privacy Compliance Guide (AIS Publishing), and three online HIPAA training courses. He is a legal reviewer for the NIST/URAC/WEDI Security Workgroup where he has assisted in development and review of HIPAA Security Standards crosswalks to existing ISO, NIST, and CMS security standards.

He assists medical device manufacturers with a variety of reimbursement-related issues, including the establishment and revision of device and procedure codes, coverage policies, and Medicare new technology add-on payments. He also provides fraud and abuse counseling, performs regulatory due diligence and reimbursement analyses of device manufacturers for corporations and investment banks, and conducts legal training for sales representatives.

Honors, Memberships and Publications
Mr. Bell was selected by Nightingale’s Healthcare News as one of 14 Outstanding Young Healthcare Lawyers for 2004. He is also a member of the Editorial Advisory Boards for the Report on Medicare Compliance and The Report on Patient Privacy, and he frequently writes and presents at conferences and to trade associations on the topics of privacy, security and fraud and abuse compliance. In addition to the HIPAA manuals described above, he is the author of “Development of a Records Management System: Evolution from Business Practice to Compliance Practice” in the CCH Healthcare Compliance Guide.

Mr. Bell is admitted to practice in District of Columbia and New Jersey, and is a member of the American Health Lawyers Association and the American Society for Pharmacy Law. He received his B.A. in economics from Wake Forest University, and his J.D. from Seton Hall University School of Law, with a concentration in health law from the Health Law and Policy Program.
Kathleen Boozang Kathleen Boozang is the Associate Dean for Academic Advancement and the co-founder of the Health Law & Policy Program and the Health Law Graduate Programs at Seton Hall University School of Law in Newark, New Jersey. She currently teaches Health Care Organizations, The Law of Death & Dying, Alternative Medicine and Non-Profit Organizations. Dean Boozang writes and speaks extensively on alternative medicine, medical futility, end-of-life care and sectarian providers. Her current work focuses on the therapeutic employment of placebos. Her most recent articles address CAM usage with children, and managed care of CAM.

Dean Boozang received her J.D. from Washington University School of Law where she was Managing Editor of the Law Review and was inducted into Order of the Coif. In 1990, she received her LL.M. from Yale Law School. Dean Boozang serves on several hospital ethics committees and previously chaired the Bioethics Committee for The Association of the Bar of the City of New York. Professor Boozang is also a member of the Board of the American Society of Law, Medicine and Ethics and the New York State Task Force on Life and the Law. She is Of- Counsel to the firm of Greensfelder, Hemker and Gale PC in St. Louis, Missouri.
Thomas G. Goddard Thomas G. Goddard, JD, PhD, CEO of Integral Healthcare Solutions, has over 25 years of experience in law, health and insurance policy research, and management consulting.

Dr. Goddard's consulting practice focuses on providing integral management consulting and research services to public and private organizations, with and emphasis on quality improvement in healthcare organizations. He also provides integral life coaching services.

Before going into management consulting, Dr. Goddard was Chief Operating Officer and General Counsel of URAC, a leading healthcare accreditation organization. Dr. Goddard also has served as Vice President and General Counsel of NYLCare Health Plans of the Mid-Atlantic; Counsel for Government and Media Relations for the National Association of Insurance Commissioners; President and CEO of the Goddard Public Affairs Corporation; Director of the Alliance for Consumer Rights, State Legislative Counsel for the Association of Trial Lawyers in America; Special Assistant to then-Arizona Governor Bruce Babbitt; and a trial attorney in private practice. Dr. Goddard is a founding member of the Integral Institute for Medicine, and currently heads up Integral University's College of Integral Healthcare Management.

Dr. Goddard received his B.A. in political science, his law degree from the University of Arizona, and his M.A. and Ph.D. in industrial-organizational psychology from George Mason University. Dr. Goddard has authored a number of articles and book chapters and given hundreds of presentations on a wide range of topics including integral theory, management analysis, healthcare, and insurance.
John E. Hartwig Jack Hartwig is currently with Deloitte & Touche (D&T) Dispute Consulting & Forensic Investigations Practice in Philadelphia. Mr. Hartwig joined D&T in October 2001 after a 30-year career in the Federal government. Since joining D&T, he has worked on a number of health care dispute engagements, including acting as an expert witness. He has also assisted external legal counsel on Medicare voluntary disclosure matters. Mr. Hartwig has lectured extensively on a variety of health care issues, including but not limited to, the Federal voluntary disclosure program and research integrity. He has lectured on human research compliance issues before the Health Care Compliance Association and the Alliance of Independent Academic Medical Centers.

In Federal service Mr. Hartwig held numerous positions involving greater responsibilities. He was appointed to the federal Senior Executive Service in 1994 and spent seven years as the Deputy Inspector General for Investigations, Office of Inspector General, United States Department of Health and Human Services. Mr. Hartwig joined the Office of Investigations in 1978 as a special agent, he conducted criminal health care investigations in New York, New Jersey, and Puerto Rico. He was promoted to Assistant Regional Inspector General for Investigations in 1984 and in 1989 was promoted to Regional Inspector General for Investigations, Philadelphia Field Office. He began his Federal career in 1972 as an auditor with the United States General Accounting Office.

Mr. Hartwig has substantial experience in conducting fraud investigations, both criminal and civil. He has critical experience in health care fraud issues. He has met with Congressional staff on a number of high profile topics and has testified before Congressional committees on issues such as home health agency fraud and Medicare fraud. Mr. Hartwig has also lectured extensively before numerous seminars and conferences on white-collar crime and auditing topics.
John Krayniak Supervising Deputy Attorney General Krayniak is the Director of the Medicaid Fraud Control Unit in the New Jersey Attorney General's office. Mr. Krayniak has headed the unit for the past nine and one-half years and has been a Deputy Attorney General for the past fifteen years. He has also served as a Supervising Deputy Attorney General in the Organized Crime and Racketeering Bureau and as Acting Bureau Chief of the state-wide Narcotics Bureau. Prior to joining the New Jersey Attorney General's Office, he was a Deputy District Attorney in the Los Angeles County District Attorney's Office. He served in that office for over eight years in Trials and the Organized Crime Unit. He served as a police officer in the Pasadena, California Police Department for over eight years.

Mr. Krayniak is a graduate of Fairleigh Dickinson University with a Bachelor of Arts Degree in Political Science. He received his Juris Doctorate Degree from Southwestern University School of Law in Los Angeles, California. He is a member of the New Jersey and California Bars.

Mr. Krayniak has been actively involved in health care fraud issues for the past nine and one-half years through the National Association of Medicaid Fraud Control Units in Washington, D.C. He served on the Executive Committee and the Training and Finance Committees of that organization. He also served on the Center for Medicare and Medicaid Services' Technical Assistance Group on Medicaid fraud issues.

Mr. Krayniak has lectured on issues in health care fraud law for the Institute for Continuing Legal Education in New Jersey, the National Association of Medicaid Fraud Control Units and professional seminars. He has testified before two Congressional sub-committees concerning Medicaid fraud.
Bruce A. Levy Bruce Levy is Counsel to Gibbons, Del Deo, Dolan, Griffinger & Vecchione. Mr. Levy concentrates his practice on criminal, civil, and administrative cases arising from federal and state health care fraud investigations, health care compliance, The False Claims Act and qui tam cases, corporate investigations and white collar criminal law. Mr. Levy served as an Assistant U.S. Attorney with the U.S. Attorney's Office for the District of New Jersey from 1991-2001 and was the Office's Criminal Health Care Fraud Coordinator from 1995-2001.

Mr. Levy has taught as an adjunct professor of health care fraud and abuse at Seton Hall Law School. He is a frequent lecturer to private and government groups regarding health care fraud issues.
Kevin McAnaney Kevin McAnaney is a nationally recognized expert on health care fraud and abuse. Mr. McAnaney has recently returned to private practice concentrating on health care fraud and abuse matters, including compliance reviews, transactional work, and civil and administrative litigation.

Mr. McAnaney served as the Chief of the Industry Guidance Branch of the Office of Counsel to the Inspector General from its creation in 1997 until May 2003. The Industry Guidance Branch is responsible for issuing formal guidance to the regulated community through advisory opinions, fraud alerts and special bulletins, compliance guidances, and regulations related to the fraud and abuse authorities enforced by the Office of Inspector General, especially the anti-kickback statute and the Ethics in Patient Referrals Act (“Stark I and II”). Mr. McAnaney also worked closely with the Department of Justice in developing cases involving the anti-kickback and Stark statutes, including the use of such claims as predicates for False Claims Act litigation.

Prior to joining the Department, Mr. McAnaney was a partner in the Washington, D.C. office of the Dewey Ballantine law firm where he practiced in the health care, food and drug, and environmental areas. From 1981 to 1983, Mr. McAnaney served as Assistant Counsel to New York Governor Hugh Carey, where he was responsible for the Governor’s agenda in the health and human services area, including Medicaid. Mr. McAnaney began his career with the law firm of Kelley Drye & Warren, during which time he served as the Director of Legal Affairs for the New York Hospital, one of the premier teaching hospitals in the nation.

Mr. McAnaney is a graduate of the University of North Carolina at Chapel Hill and the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. He is an adjunct professor of law at the University of Maryland Law School, a member of the Board of Directors of the American Health Lawyers Association, and a frequent speaker on health care fraud issues.
Kathleen McDermott Katie McDermott is a Partner in Sonnenschein's Health Care Group where she represents medical device and pharmaceutical manufacturers, clinical research organizations, hospitals, long-term care providers, payors, and a host of other health care organizations in connection with a broad array of health care enforcement, compliance, litigation, and regulatory counseling matters. She has been recognized as a leading False Claims Act practitioner with both government and defense experience.  Specifically, Ms. McDermott handles criminal, civil, and administrative investigations and audits undertaken by federal and state regulatory and enforcement agencies; defends health care organizations in civil and criminal False Claims Act qui tam actions, involving allegations of health care fraud and abuse; conducts compliance reviews, internal investigations and audits relating to potential violations of civil and criminal laws; advises clients on corporate disclosures to federal and state government agencies; counsels clients on fraud and abuse compliance requirements for transactions and financial arrangements; and conducts compliance training and education updates for sales and marketing personnel and Boards of Directors.

Prior to joining private practice, Ms. McDermott served as an Assistant U.S. Attorney and Health Care Fraud Coordinator for the U.S. Attorney's Office in Maryland from 1991-1999, where she directed a multi-agency federal task force focused on health care fraud investigations and initiatives. Ms. McDermott also has extensive trial experience in representing federal agencies, such as the National Institutes of Health and Food and Drug Administration, in employment and health-related matters.

Ms. McDermott is a recipient of the U.S. Department of Health & Human Services Inspector General's Integrity Award and while in government service participated in several enforcement policy committees in Washington, including the FBI Health Care Fraud Working Group and the Attorney General's Health Care Fraud Advisory Subcommittee. She has extensive experience working with the Department of Justice, the U.S. Attorney community, various Offices of Inspector General and other federal enforcement and regulatory agencies both regionally and in Washington. She publishes and lectures on compliance and enforcement issues, including recent enforcement trends in the pharmaceutical industry.
Carolyn McElroy Carolyn McElroy serves as Of Counsel to the firm’s Washington, D.C. office, practicing in the Health Care Section. She has 20 years experience in the field of health care fraud and abuse litigation, and served as Director of the Maryland Medicaid Fraud Control Unit before joining the defense bar. Today, she provides regulatory counseling and civil and criminal defense services to a wide range of health care providers, including pharmaceutical and device manufacturers, durable medical equipment suppliers, and long term care facilities.

Ms. Elroy is a former President of the National Association of Medicaid Fraud Control Units, having also chaired its Global Settlement Committee. She played a principal role in negotiating and settling state Medicaid interests for all states in many major health care false claims cases settled during the years she was in the Maryland Attorney General’s office. In addition, she is the co-author of Detecting and Investigating Fraud in Managed Care, a book published by Atlantic Information Services in 1998.

Ms. Elroy has testified before various state legislative and federal Congressional subcommittees on issues related to health care issues, and is a frequent lecturer at health care seminars across the country. She is also a recipient of the Exceptional Service Award from the Office of the Inspector General of Health and Human Services for her contributions to the laboratory compliance and corporate integrity efforts.

Ms. Elroy is admitted to practice in Maryland and the District of Columbia. She graduated, cum laude, with a degree in Business Administration from the University of New Hampshire (1974), and earned her J.D. with Honors from University of Maryland School of Law (1981).
Linda Pissott Reig Linda Pissott Reig is a principal of the Porzio Bromberg & Newman law firm (Morristown, NJ and New York City) and Vice President of Compliance Services for Porzio Pharmaceutical Services. Ms. Reig has extensive experience with the laws and industry standards relating to the marketing and sale of prescription drugs, medical devices and biologics. She worked for many years in Porzio’s Key Client program where she served as part of the in-house legal team of a pharmaceutical company several days a week. She drafts agreements with vendors, consultants and other third parties, reviews promotional materials, conducts training, provides business advice on consulting agreements and advisory boards, and evaluates continuing medical education and other sponsorship opportunities. She evaluates compliance programs and company practices in connection with annual declarations required by state law, as well as develops work plans for development of comprehensive compliance programs for companies preparing to launch an FDA-approved product for the first time.

In addition, she has assisted companies in complying with requirements associated with state marketing disclosure reporting laws. She also reviews opportunities to work with key opinion leaders, enter into consulting arrangements or provide financial support for programs focused on education or research. She regularly counsels clients on the various federal statutes that impact these areas, including the Food, Drug and Cosmetic Act, the Food & Drug Administration Modernization Act of 1997, the Anti-Kickback Statute and False Claims Act, as well as applicable state laws. Her experience with industry standards includes the PhRMA Code on Interactions with Healthcare Professionals, the AdvaMed Code of Ethics for Interactions with Health Care Professionals, the ACCME Standards for Commercial Support and AMA ethical opinions. She also evaluates gifts to physician, use of market research services, interactions with managed care organizations, pre-approval communications, promotion over the Internet and evaluation of post-marketing adverse events and implementation of labeling changes. Ms. Reig has also defended pharmaceutical and life sciences products in products liability, class action and consumer fraud lawsuits.

Ms. Reig is a summa cum laude graduate of Rutgers Newark College of Arts & Sciences, and cum laude graduate of Georgetown University Law Center. Following law school, Ms. Reig was a judicial law clerk with then New Jersey Supreme Court Justice Marie L. Garibaldi. She is a past Chairman of the Board of the New Jersey Defense Association, and past chairperson of the NJDA’s Products Liability Committee. She also is a member of the Defense Research Institute’s Drug & Medical Device Committee and the NJ State Bar Association Appellate Practice Committee.

Stuart Portnoy Stuart Portnoy, MD joined Biologics Consulting Group, Inc., as a Senior Consultant for Medical Devices in August of 2007.  Dr. Portnoy utilizes his broad clinical, technical, and regulatory expertise to assist clients in the following areas related to gaining FDA approval of medical devices: high level regulatory strategy for medical technologies, product development for drug/device and biologic/device combination products, assisting clients with strategy and development of preclinical testing, designing clinical protocols and drafting other documents that comply with FDA regulations and expectations, representing clients in interactions with FDA, guiding clients in writing Pre-IDE, IDE, 501(k) and PMA submissions, and providing clients with a comprehensive "FDA style" review of submissions.

From 1994-2000, Dr. Portnoy was a Medical Officer in the Division of Cardiovascular Devices (DCD), Center for Device Evaluation and Radiological Health (CDRH), FDA.  During his tenure at FDA, Dr. Portnoy helped develop the FDA’s approach to reviewing drug-eluting stents and other drug/device combination products. Prior to his experience as a manager, Dr. Portnoy specialized in the clinical review of cardiac electrophysiology devices including pacemakers, defibrillators, and EP catheters. In 2002, Dr. Portnoy joined Pharmanet's Washington, D.C. office and worked for 5 years as a Medical Device Consultant advising medical device manufacturers on regulatory strategy, clinical trial design, and technical issues to gain FDA market-approval for new products.  Dr. Portnoy is a graduate of George Washington University School of Medicine and also has an M.S. in Bioengineering from the University of Pennsylvania.
Peter Safir Mr. Safir has been practicing in the food and drug field for over 20 years and is widely recognized in the pharmaceutical industry as one of the leading food and drug regulatory lawyers in the country.

In recent years, Mr. Safir has worked primarily with the research based pharmaceutical industry concentrating on marketing practices, life cycle management, and issues involving drug quality and manufacturing, although he has also advised clients on food additive and medical device issues. Mr. Safir advised PhRMA in drafting the new PhRMA Code and has advised many companies on complying with the Code as well as with Federal and State Anti-Kickback statutes. He has conducted numerous internal investigations involving fraud and abuse, advertising and promotional practices and drug and device GMP compliance issues both in the United States and in Europe and has defended enforcement actions in the marketing and GMP areas representing both companies and corporate executives targeted by the FDA.

Mr. Safir has published and spoken widely in the area of drug regulation and has been a Professorial Lecturer in Food and Drug Law at George Washington University Law School since 1991. He has also appeared as an expert witness in cases involving Hatch Waxman issues both before the Federal Trade Commission and in private litigation.

Mr. Safir has a J.D. from Yale Law School and an A.B. from Princeton University.
James Sheehan On April 6, 2007, Governor Eliot Spitzer announced the nomination of James G. Sheehan to serve as New York State Medicaid Inspector General.  As Medicaid Inspector General, Mr. Sheehan will oversee the fraud and abuse enforcement activities of New York's $50 billion Medicaid program.  The New York State Office of the Medicaid Inspector General audits and investigates Medicaid providers, recovers revenue through its enforcement system, and develops and operates automated health care data detection systems. 

Prior to becoming the Medicaid Inspector General, Mr. Sheehan was the Associate U.S. Attorney for Civil Programs in the Eastern District of Pennsylvania. His practice has emphasized health care fraud since 1987, and he has personally handled or directly supervised over five hundred health care fraud cases.  In 1997, he was lead counsel in U.S. v. SmithKline Beecham Clinical Labs, which resulted in a $332 million recovery for the United States. He has given over three hundred presentations on health care fraud issues to a variety of professional, governmental, consumer, and business groups. He received the Attorney General's Distinguished Service Award in 1992, and again in 1997, and the Inspector General's Integrity Award in 1990, 1993, and 1997.
Lynn Shapiro Snyder Lynn Shapiro Snyder is a senior member of Epstein Becker & Green, P.C., and practices in the area of Health Care and Life Sciences.  Ms. Snyder has almost thirty years of experience advising clients about federal, state and international health law issues, including Medicare, Medicaid, TRICARE, compliance, and managed care issues.  Her clients include health care providers, payors, pharmaceutical/device manufacturers and those companies and financial services firms that support the health care industry.

The firm's Health Care and Life Sciences Practice is one of the largest health law practices in the United States.  Ms. Snyder co-chairs the Health Care Fraud Practice Group that focuses on federal and state fraud issues, including anti-kickback, self-referral, false claims, secondary payor issues, and false billings.  She also works on matters in the Pharmaceutical Industry Health Regulatory Practice Group.

In August 2002, Modern Healthcare magazine named Ms. Snyder as one of the "100 Most Powerful People in Healthcare" in its inaugural list.  In April 2005, Modern Healthcare magazine named Ms. Snyder as one of the "Top 25 Women in Healthcare."  In the May 2006 issue of Nightingale's Healthcare News, Ms. Snyder was named one of the "Outstanding Fraud & Compliance Lawyers for 2006."  Ms. Snyder is also a frequent speaker and publishes extensively.

Chris Zalesky Chris Zalesky is Executive Director, World-wide Health Care Compliance at Johnson & Johnson. He has more than 20 years experience in regulatory affairs, quality assurance and research and development functions within the medical device and pharmaceutical industries. He received his J.D. degree, cum laude, from Widener University School of Law and earned his B.A. degree in biochemistry and molecular biology from the University of California at Santa Barbara. He is Regulatory Affairs Certified (RAC). He has published numerous articles on regulatory and FDA policy matters and has contributed to significant regulatory policy and legislative initiatives in the area of medical device classification. Mr. Zalesky provides a range of guidance on commercial and scientific matters and is admitted to practice in Pennsylvania.
 
Click on names to view speaker biographies
    :: Mark Barnes
    :: Michael D. Bell
    :: Kathleen Boozang
    :: Thomas Goddard
    :: John E. Hartwig
    :: John Krayniak
    :: Bruce A. Levy
    :: Kevin McAnaney
    :: Kathleen McDermott
    :: Carolyn McElroy
    :: David McLean
    :: John Pennett
    :: Linda Pissott Reig
    :: Stuart Portnoy
    :: Marc S. Raspanti
    :: Peter Safir
    :: James Sheehan
    :: Lynn Shapiro Snyder
    :: Lesley Ann Skillen
    :: Chris Zalesky
Seton Hall University School of Law One Newark Center Newark, NJ 07102 888-415-7271 lawwebmaster@shu.edu

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