PINNACLE - Health, Labor, and Employment Law Institute - August 22-23, 2013 - Kalahari Resort, Wisconsin Dells

Stay Current on Important New Developments

The second annual Health, Labor, and Employment Law Institute from State Bar of Wisconsin PINNACLE® has the comprehensive information you need to stay abreast of important developments for your Health, Labor, or Employment Law practice. With a day and a half of CLE offering up to three learning tracks at once, you can customize your CLE to focus on issues of importance to you.

Broad Appeal

PINNACLE has arranged for two learning tracks, one for Health Law and one for Labor and Employment. We also offer two additional breakout sessions and four plenary sessions with cross-over appeal:

  • In-House Counsel Issues Forum: Navigating Healthcare Reform from Insurance, Provider, and Employer Perspectives
  • Regulating Off-Duty Conduct: Social Media, Use of Lawful Products, and Employee Rights Away From the Workplace
  • Unique Issues in Healthcare Labor and Employment
  • College Athletes' Biggest Health Risk: The NCAA?*
    * Optional paid luncheon and CLE presentation (ticketed event)

The Choice is Yours!

The Institute offers 16 breakout session options addressing significant topics from varied perspectives. As an added bonus, some of the sessions will be filmed and rebroadcast at a later date – and Institute attendees can attend those webcasts for FREE. So even though you can’t be in two places at once and attend all of the sessions that the Institute has to offer, you can still get access to the information.

Increase your network

In addition to credits, the idea behind holding a specialized Institute is to give you a chance to meet colleagues in your practice area from around the state, increasing your options for discussion of the law and referrals.

Our location: The Kalahari Resort – Wisconsin Dells

A premier "under-one-roof" resort includes indoor theme park, indoor and outdoor waterparks, spas, golf, dining, retail shopping and more. Make it the last hurrah of the summer by bringing your whole family for a mini-vacation!

Special Institute room rates available until Monday, July 22, 2013!

Health, Labor and Employment Law Institute attendees can receive a special room rate of $129 for August 21, 22 and 25 (Wed., Thur. and Sun.); $149 for Friday night, and $169 for Saturday. Just mention you’re with the State Bar of Wisconsin to receive the rates.

For the kids (and the young at heart)!

FlowRiderGo well beyond the lazy river with uphill water roller coasters that defy gravity, and the area's only FlowRider® for stand-up surfing and boogie boarding 365 days a year. Come to a place that will thrill you beyond belief and defy your every expectation.

  • Wisconsin's only stand up and surf FlowRider®
  • Master Blaster® uphill water roller coaster
  • 125,000 square feet of indoor water fun
  • Plummet down 400 feet on the Extreme Rush slalom racers

For those who wish to escape

Relax and rejuvenate your mind, body, and spirit with amazing body treatments, luxurious massage, skin care, nail care, and salon services. Lose yourself in relaxation at the first-class spa.

  • Hot Stone Massage
  • Aromatherapy Massage
  • Kalahari Facial
  • Body Treatments
  • Hair Care
  • Pedicures and Manicures
  • Spa Day Packages
  • And much more!

For Golfers: Trappers Turn Golf Club

Trappers TurnFeaturing golf carts with full-color GPS technology, bent grass tees, and fairways right around the corner from Kalahari Resort — this 27-hole, award-winning golf course combines the challenge of championship design with the playability that golfers of all levels can enjoy.

State Bar of Wisconsin Member $379
Emeritus State Bar Member $189.50
Law Student Associate $0
Ultimate Pass Gold Subscriber $0
Ultimate Pass Silver Subscriber $189.50
Nonmember $479

* Prices do not include $20 Optional CLE Luncheon

Earn up to 11.5 CLE credits!

View Full Schedule
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Special Guest Speakers

Ramogi Huma

There will be a luncheon keynote presentation on Thursday, August 22:

Luncheon Guest Speaker 12:10 – 1:30 p.m., 1.0 credit
College Athletes' Biggest Health Risk: The NCAA? Can College Athletes Find Justice Through the Justice System?
Ramogi Huma, Founder and Executive Director, National College Players Association, Norco, CA

Location & Lodging

Kalahari Resort Exterior

Kalahari Resort
1305 Kalahari Drive
Wisconsin Dells, WI 53965
(608) 254-5466
Visit the Kalahari website.


Institute Sponsors

A special thank you to the following sponsors!

Wisconsin Lawyers Mutual Insurance Company

Professional Insurance Programs

West Bend

Become an Exhibitor or Sponsor


More 2013 Institutes

Find out more about the 2013 Wisconsin Solo & Small Firm Conference.

Registration Closed

Thursday Schedule

Programs that will be offered as Webcast Replays

8:00 - 4:30 Registration  
8:15 - 8:45 Continental Breakfast  
8:20 - 10:00

Plenary: Unique Issues in Healthcare Labor and Employment

Speakers: Doris E. Brosnan, von Briesen & Roper, S.C.; Walter F. Kelly, Walter F. Kelly, S.C.

Healthcare work presents unique issues for labor and employment lawyers. The relationship between medical staff, administration, and other employees is complex. Patient care standards and a broad regulatory environment create special issues involving professionalism, required reporting, and the impact of healthcare public policy on employment law. Access to medications and anesthesia means that substance abuse is a particularly challenging issue. The speakers of this session will share their perspectives on the complexities of employment law in the healthcare workplace.

10:20 - 11:10 Breakout Session B Programs 1.0

Top Legal Developments in Health Law

C. Frederick Geilfuss II, Foley & Lardner LLP

This session includes a discussion of three of the most important regulatory developments affecting providers in 2013:

  1. The HIPAA Final Omnibus Rule to the Privacy and Security Regulations issued by CMS
  2. The final Physician Payment Sunshine Act regulations issued by CMS
  3. The Provider Self-Disclosure Protocol issued by the Office of the Inspector General of the Department of Health and Human Services

Labor Law and the National Labor Relations Board: Where Do We Go From Here?

Dean R. Dietrich, Ruder Ware L.L.S.C.; Nathan D. Eisenberg, The Previant Law Firm, S.C.

The D.C. Circuit's recent decision in Noel Canning v NLRB, concerning recess appointments to the National Labor Relations Board, overshadows recent decisions issued by the Board itself. This presentation discusses the impact of Noel Canning on traditional labor law, from the perspective of both labor and management, and what it says about the future of the NLRB. The presentation will also discuss recent appellate and Board decisions, their validity, and their impact on labor relations.

De-Mystifying the "Bermuda Triangle"

Patricia A. Lauten, Madison City Attorney's Office; Rebecca L. Salawdeh, Salawdeh Law Office LLC

No intersection has caused more headaches for employment law practitioners than the triangular intersection of the ADA, FMLA, and Workers Compensation. This session will place a heavy emphasis on real world examples of difficult leave requests. You'll come away with practical tips to effectively handle employee leave. Topics include: intermittent leave; recertification; leave to care for a family member’s serious health condition; light duty work assignments; backdating leave; tracking FMLA, PTO and worker's compensation leave concurrently; best practices to lessen the administrative headache for your leave administrators; and educating employees about requesting leave.

11:20-12:10 Breakout Session C Programs 1.0

"BAA" Humbug: Business Associate Agreements of the Future

Angela M. Rust, Hinshaw & Culbertson LLP

Business associates (including attorneys) can now be held directly liable for HIPAA violations when they create, receive, maintain, or transmit protected health information on behalf of a covered entity or another business associate. Yet business associate agreements (BAAs), once the only source of such liability, are not just ghosts of the past. This session will explore new requirements under the Omnibus Final Rule for BAAs between covered entities, business associates, and subcontracting business associates, including contractual language to adopt or update now, and a discussion of what practical and legal implications may be yet to come.


Broad Name, Narrow Rule: Common-Law Wrongful Discharge in Wisconsin

Jeff Scott Olson, The Jeff Scott Olson Law Firm, S.C.

This session will address Wisconsin's common-law doctrine of wrongful discharge. Attendees will learn who is protected, what remedies victims of wrongful termination may be awarded, and where this area of the law seems to be going.

12:10 - 1:30 Optional Paid Luncheon and CLE Presentation*

Luncheon Plenary: College Athletes' Biggest Health Risk: The NCAA?

Speaker: Ramogi Huma, Founder and Executive Director, National College Players Association, Norco, CA

Can College Athletes Find Justice Through the Justice System?
Former UCLA linebacker Ramogi Huma founded the National College Players Association to change NCAA rules that leave college athletes across the nation without basic protections — despite the billions of dollars they generate. Not only are colleges athletes unable to receive protections from workers compensation, colleges are not required to pay for any of their athletes' sports-related medical expenses during or after their collegiate careers. Hear how Huma's group has recruited more than 17,000 former and current Division I athletes and had success in changing several NCAA rules — and how much remains to be done.

Special thanks to West Bend Mutual Insurance Company for sponsoring the CLE luncheon.

* PLEASE NOTE: To attend the luncheon and earn 1.0 CLE credit, attendees must indicate the "including optional CLE luncheon" selection when registering for the Institute.

1:40 - 2:30 Breakout Session D Programs 1.0

ACOs: Status, Timelines, and Compliance Issues

Moderator: Barbara J. Zabawa, Whyte Hirschboeck Dudek, S.C.
Panelists: Gwendolyn J. Cooley, Wisconsin Department of Justice, Madison; Joel Jaglin, PwC; Paul T. Van Den Heuvel, Mercy Health System

This panel discussion will explore the progress and practical and legal hurdles to establishing accountable care organizations both inside and outside the Medicare Shared Savings Program created under the Affordable Care Act. Specifically, the panelists will address financial considerations in developing integrated healthcare models, legal issues that arise in such models such as anti-trust, Stark, and anti-kickback concerns, as well as how provider alignment strategies in Wisconsin and the nation are reshaping the delivery of healthcare.


Avoid Wage & Hour Landmines: FLSA & Wisconsin Law

Amy O. Bruchs, Michael Best & Friedrich LLP; James J. Chiolino, Wisconsin Equal Rights Division; Larry Johnson, Hawks Quindel, S.C.

Wisconsin's various wage and hour laws are similar to the Fair Labor Standards Act, but there are important areas of distinction. This session will help you understand those differences so you can best serve your clients. The speakers will share their perspectives on labor, management, and the Wisconsin enforcement agency.

2:30-2:50 Break  
2:50 - 3:40

Plenary Session: In-House Counsel Issues Forum: Navigating Healthcare Reform from Insurance, Provider, and Employer Perspectives

Christine C. Duval-Senty, Dean Health Plan, Inc.; Marybeth Herbst-Flagstad, Forest County Potawatomi Community; Julie A. Lewis, Nowlan & Mouat LLP; Amy L. Marquardt, Hospital Sisters Health System

The Patient Protection and Affordable Care Act (PPACA) is one of the most significant expansions of healthcare law and regulation since the implementation of Medicare and Medicaid. The final version of PPACA includes provisions including individual mandates, expansion of public programs, health insurance exchanges, changes to private insurance and employer requirements. Our panel of experts representing employers, providers, and insurers will share their real time experiences with the actions taken or to be taken as PPACA moves forward. You'll hear impacts of PPACA on the insurance industry, on self-funded and fully-insured health plan designs, healthcare provider delivery models and budgets, and the definition of "employee" under the employer mandate, to name a few.

3:50 - 4:40 Breakout Session F Programs 1.0

How to Handle a Payment Recovery Audit

Michelle Bergholz Frazier, Frazier Law

The regulatory landscape in healthcare is vast, and regulatory enforcement is becoming increasingly aggressive. From ZPICs to MICs to RACs to OIG, healthcare providers are inundated with various payment recovery audits. This session will provide an overview of current trends in payment recovery audits a roadmap for attorneys as they guide their clients through such an audit. Topics to be covered include: history of payment recovery audit initiatives and current trends; basic steps in handling a payment recovery audit; and the attorney-client privilege and its role in payment recovery audits.


Wisconsin's Healthcare "Whistleblower" Law: It's Just a Garden-Variety Retaliation Claim, Right?

Daniel J. Finerty, Lindner & Marsack, S.C.; Sandra Graf Radtke, Gillick, Wicht, Gillick & Graf, S.C.

This session will provide an introductory overview and in-depth analysis of some of the more challenging issues arising under Wisconsin's Healthcare Worker Protection Act, which protects a variety of healthcare employees from adverse treatment because of "good faith" reports of alleged violations of a state or federal law, rules, regulations or standards of care. Learn the basics that healthcare and labor and employment practitioners must be familiar with in order to prosecute or defend a claim made under the Act, including to whom the law applies, what actions commonly give rise to a claim, the complainant's prima facie burden, and the respondent's central defenses. Email advance questions to with the subject line "HCWPA Question."

Healthcare Fraud & Abuse

Moderator: Patrick J. Knight, Gimbel, Reilly, Guerin & Brown LLP
Panelists: Patrick S. Coffey, Whyte Hirschboeck Dudek, S.C.; Jane E. Appleby, Aurora Health Care; Antonio M. Trillo, US Attorney's Office, Madison

Our esteemed panel will discuss:

  • Affordable Care Act provisions related to healthcare reimbursement and fraud enforcement
  • False Claim Act developments
  • Internal investigations and cooperation with concurrent government investigations
  • Stte and federal enforcement efforts
  • Corporate and individual liability and representation issues


Registration Closed


Friday Schedule

Programs that will be offered as Webcast Replays

8:00 - 12:00 p.m. Registration  
8:00 - 8:30 Continental Breakfast  
8:30 - 9:20

Plenary: Regulating Off-Duty Conduct: Social Media, Use of Lawful Products, and Employee Rights Away From the Workplace

Sara J. Geenen, The Previant Law Firm, S.C.; C. Wade Harrison, Godfrey & Kahn, S.C.

Employers have always had an interest in regulating the off-duty conduct of employees, as it may reflect poorly on the employer. In the age of social media and viral videos, however, evidence of employee conduct (or misconduct) can quickly become widespread, and certain uses of social media may cause an employer to take disciplinary action. Just what, though, can serve as a basis for discharge? Even though Wisconsin is an "at-will" employment state, employees have some protections under the State's anti-discrimination laws, whistleblower laws, or the NLRA, while the employer's interest may also receive some protections.

9:30 - 10:20 Breakout Session H Programs 1.0

Hang onto Your Breaches: The Compliance Date is Coming Soon!

Jennifer J. Hennessy, Quarles & Brady LLP; Jennifer L. Rathburn, Quarles & Brady LLP

If you're concerned about how the new Omnibus HIPAA Final Rule impacts security breach notifications, you won't want to miss this presentation. This session will examine in detail the changes to the breach notification rule, including: the potential impact of the removal of harm threshold; discussion of the four risk assessment factors; analysis of whether the new rules will result in more notifications; discussion of revealing a business associate's breach to the covered entity; and recommendations on how to prevent and handle breaches.

The First Date: Prelude to the Employment Relationship

Bradden C. Backer, Albrecht Backer Labor & Employment Law, S.C.; Nola J. Hitchcock Cross, Cross Law Firm, S.C.

This session will offer an employer and employee perspective on the hiring process in healthcare. Topics to be covered include:

  • Lawful and unlawful interviews
  • Effective interviewing
  • Employment application forms
  • Credit reports, background checks and references
  • Medical examinations, drug and alcohol testing, honesty testing and other tests, generally

The session will also cover potential pre-hiring document decisions after the candidate is selected, including signing various policies, employment agreements (emphasizing physician contracts) and non-compete agreements in healthcare—and options for including various terms.

10:15 - 10:45 Break  
10:35 - 11:25 Breakout Session I Programs 1.0

Buying and Selling a Medical Practice: A Transactional Perspective

Adam J. Tutaj, Meissner Tierney Fisher & Nichols, S.C.

This session will review the common business, tax and regulatory considerations associated with the purchase and sale of professional medical practices, and will illustrate these concepts using detailed hypothetical examples.

Peacefully Ending the Employment Relationship: Negotiating Thorough, Enforceable and Sustainable Separation Agreements

Peter J. Fox, Fox & Fox, S.C.; Frank A. Gumina, Whyte Hirschboeck Dudek, S.C.

Ending the employment relationship causes anxiety for all involved. Ideally, severance or separation agreements are utilized to ease those anxieties. But just as each employment relationship is unique, the agreements that are meant to amicably bring those relationships to a close present a host of complex legal issues that require careful consideration from lawyers on both sides of the bargaining table. This session will examine such issues from the perspectives of a management lawyer and an employee lawyer engage in a mock negotiation of separation terms. Attendees will gain a checklist of current legal and practical issues associated with a "peaceful" end to the employment relationship.

11:35 - 12:25 Breakout Session J Programs 1.0

Evolution of Provider Compensation in a Post-PPACA World

David J. Edquist, von Briesen & Roper, S.C.; Thomas N. Shorter, Godfrey & Kahn, S.C.

Healthcare providers continue to seek new models for delivering care at higher quality and lower cost, a challenge embodied in the 2010 Affordable Care Act. These new delivery models have a direct spillover on new and existing payment models as providers seek to align incentives in a post-PPACA environment. Healthcare attorneys play a key role in navigating the shifting sands of this new regulatory landscape. In this session, the presenters will discuss key concepts and developments in areas such as:

  • Analysis of physician compensation
  • Pay-for-performance
  • Waivers for PPACA shared savings programs

Reconciling incentive payments with concerns over clinical quality and overutilization will be covered, along with False Claims Act enforcement in the context of quality of care/worthless services.

Mediation in Healthcare: Looking Beyond Labor Relations

Howard S. Bellman, Howard S. Bellman Mediation & Arbitration

Discover the features that continue to boost mediation to become a preferred method of dispute resolution. This session will include identification of the variety of disputes that can occur in the healthcare setting, along with guidance on how mediation’s features may make it a valuable alternative.

Total credits   11.5


Planning Committee


David J. Edquist
von Briesen & Roper, S.C., Milwaukee

Marybeth Herbst-Flagstad
Forest County Potawatomi Community, Milwaukee

Amy L. Marquardt
Hospital Sisters Health System, Springfield, IL

Angela M. Rust
Hinshaw & Culbertson LLP, Appleton

Adam J. Tutaj
Meissner Tierney Fisher & Nichols, S.C., Milwaukee


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

C. Wade Harrison
Godfrey & Kahn, S.C., Madison

Larry Johnson
Hawks Quindel, S.C., Milwaukee


Tim Clark
State Bar of Wisconsin - PINNACLE Seminars Division, Madison

Barbara Moubry
State Bar of Wisconsin - PINNACLE Seminars Division, Madison

Registration Closed


Frequently Asked Questions

Who should attend an Institute?

PINNACLE institutes bring together lawyers, legal staff, and legal vendors for multiple days of learning and networking. These events offer in-depth CLE programming for flexible learning opportunities and social activities.

What are Institutes?

Now in their third year, PINNACLE institutes are produced by PINNACLE (the State Bar of Wisconsin's CLE department) with special cooperation from sections of the State Bar, and are hosted by the State Bar of Wisconsin.

The institutes are designed to be places for practitioners to spend time networking, meeting and listening to experts in their fields, and to check out exhibitors of products and services that can help them in their law practices.

Upcoming Institutes

What's included in my registration fee?

Your Health, Labor & Employment Institute registration includes access to the Exhibit Area, CLE sessions, breaks, keynote speakers (Thursday Keynote attendees are required to "include optional CLE luncheon" for $20.00), continental breakfasts on Thursday and Friday, and the chance for entry into prize drawings. Registration also includes Institute course materials on a flash drive.

Bonus Replay Opportunities!

CameraAs a special bonus, registrants will have the opportunity to watch future webcasts of selected programs that will be recorded at the Institute – for additional credits at no extra charge!

On Thursday, August 22, the following labor and employment law sessions will be recorded:

On Friday, August 23, the following healthcare law sessions will be recorded:

Registration details

Ultimate PassState Bar of Wisconsin PINNACLE Ultimate Pass Gold holders will not be charged any tuition to attend the Health, Labor & Employment Institute. Single-day tuition options are not available for this event. Ultimate Pass Silver holders receive half off of tuition (see tuition box). A fee of $20.00 is required for the ticketed luncheon for both UPass Gold and Silver holders.

ALL attendees must register for the Institute and have a name badge to access CLE sessions, meals, continental breakfasts, receptions, and the Legal Expo. There are no exceptions to this rule. Pre-registration is available until 5 p.m. on August 20, 2013. There will be on-site registration at the Kalahari Resort including the optional CLE luncheon based on availability.

Registration Rates

Tuition Table

How do I register?

Pre-registration is open until Tuesday, August 20, 2013 at 5:00 p.m. After that time all registrations must be done on site at the Kalahari Resort in Wisconsin Dells.

About CLE Credit:

The Institute will be submitted for CLE credits to the Wisconsin Board of Bar Examiners. For applicable programs, Ethics/Professional Responsibility (EPR) credits also will be submitted for approval. Only individuals registering as State Bar of Wisconsin members will be recorded for CLE credits. Please note: We will not be applying for Minnesota or Illinois CLE for this event; however, attendees can self-report. Attendance verification forms will ONLY be completed onsite at each individual session.

What will I receive for Institute Materials?

Registrants will have access to course materials before the Institute in a downloadable format at Course materials will also be distributed via flash drive to all attendees at the event. Thank you to our flash drive sponsors Johnson Bank and Johnson Insurance.

flash drive Johnson Bank Johnson Insurance

What is the cancellation policy?

Registration cancellations received by 4:30 p.m. CT on Thursday, August 15, 2013 will receive a full registration fee refund. We're sorry, no refunds will be granted after that date. However, you may transfer the full value of your registration fee to another person's registration for this event. No refunds will be issued for any missed sessions or events, including sessions missed due to travel delays or cancellations.

Take advantage of special Institute rates at the Kalahari Resort

A limited number of rooms have been reserved for Institute attendees. Be sure to reserve your rooms early to ensure you receive these outstanding rates!

Reservation Deadline: Monday, July 22, 2013

To make your reservation: (877) 253-5466

Room rates:

August 21 and 22, 2013 - $129 (Wednesday and Thursday)
August 23, 2013 - $149 (Friday)
August 24, 2013 - $169 (Saturday)
August 25, 2013 - $129 (Sunday)

Kalahari Resort and Convention Center
1305 Kalahari Drive
Wisconsin Dells, WI 53965
(877) 253-5466

Additional Attendee Information:

Special Needs and Accommodations: If you neeed special accommodations, please contact us at (608) 250-6157 at least three weeks prior to the Institute date so we can make appropriate arrangements.

Attire: Comfortable, casual clothing is appropriate for this event.

Registration and Cancellations
State Bar of Wisconsin Customer Service, (800) 728-7788

Contact Information

Barbara Moubry
State Bar of Wisconsin – PINNACLE
(608) 250-6157

Karen Richter
State Bar of Wisconsin
(800) 444-9404, ext. 6132 or (608) 250-6132

CLE Credits
Toni Wood
State Bar of Wisconsin – PINNACLE
(608) 250-6142

Business Meetings
Donna Kinney
State Bar of Wisconsin
(608) 250-6108


By attending this State Bar event, you understand and agree that you may be photographed and/or electronically recorded during the event and you hereby grant to the State Bar the right to use and distribute your name and likeness for promotional or educational purposes without monetary compensation. The State Bar assumes no liability for such use.

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