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A History of theAmerican Health Lawyers AssociationHealth Insurance Plans or AHIP).At the time, a majority of statesplaced legal restrictions on theorganization and operation of theseplans at the urging of organizedmedicine and some health insurancecompanies. As a result, there waslittle generally available knowledgeregarding the legal environmentin which these plans operated.Policymakers initially introducedthe Federal HMO Act in 1971, andthe healthcare community andpolicymakers expressed tremendousinterest in the potential of theseorganized delivery systems. Majorpurchasers of employee healthbenefits were searching for effectiveways to contain spiraling costs. Thefederal HMO initiative was gaininginterest as a result, and PresidentNixon signed the Federal HMO Actinto law in 1973, further stimulatingthe growth of the fledgling managedcare industry. David worked closelywith James F. Doherty, Sr. who wasthe GHAA’s general counsel.As these new health care entitiesattracted attention, the samephenomenon that led to thecreation of the Academy occurredat GHAA. Through informaldiscussions, a relatively smallgroup of attorneys initially becameinterested in creating a forum forthe exchange of information onthe legal aspects of these newlyemerging health care deliverymodels.Jim Doherty and David decided thatthe best way to promote dialogueabout the uncertainties surroundingthe legal framework of organizedhealthcare systems was to holda conference of attorneys whorepresented these clients. Davidtacked on a “lawyers conference”to an established GHAA conference4in Atlanta, GA. The attorneysand other stakeholders attendingthe conference addressed theirexperiences with the major legaland operational issues surroundingprepaid health plans. Anotherone-day conference was held atthe Chicago Hilton Hotel near theO’Hare Airport. Lawyers from aroundthe country who had experiencedeveloping these new entities wereinvited as lecturers. Each lecture waslimited to one hour with a lunchbreak. The room was crowded andhot. Over three hundred attendeeswere drawn from federal and stategovernments and large and small lawfirms from across the country.Based on the responses to theseeducational conferences, it becameobvious that the time had comefor a national organization. JamieClements (General Counsel forthe Scott & White Clinic locatedin Temple, TX), David and JimDoherty met at the Fairmount Hotelin Dallas and laid the groundworkfor the formation of NHLA. DavidGreenburg who had experienceforming just such a group forthe AHA was hired as the paidconsultant for this effort. Afterconsulting on the formation ofthis health law group, David thenbecame its only staff member. Thisnew group, which would be knownas the National Health LawyersAssociation (NHLA), was createdfor the same reason as the Academy— bright, eager lawyers learninga new field from scratch wantedto ask questions, trade “lessonslearned,” and bounce ideas off eachother. David Greenburg happenedto know how to make this urge forcamaraderie into a living, breathingorganization called an “association.”In 1971, the National HealthLawyers Association (NHLA) wasfounded as a §501(c)(3) nonprofiteducational organization. Themembership was somewhat broaderthan the Academy in that theNHLA attracted health attorneyswho represented the entirespectrum of the healthcare industry,including hospitals and hospitalsystems, physicians, managed careorganizations, insurers, long termcare facilities, home health agencies,and other health care entities onbusiness, corporate and regulatorymatters. In the early days, Davidproduced the Health Law Digest, oneof the Association’s most valuableresources, without a computer, butrather with a little help from hisfriends, Joel Michaels and Gary ScottDavis. Joel and Gary summarizedhealth law-related advance sheetsfor the princely sum of 10.00 percase. Over time, NHLA grew to anorganization of 7,000 membersand a staff of over 15 people with10 different educational programsannually.In 1995-96, several leaders of bothorganizations, including JimHall, Bob Johnson, Gary Eiland,Nancy Wynstra, Eugene Tillmanand Glen Reed worked on mergingthe two organizations who couldclaim the same conceptual father,David Greenburg. On July 1, 1997,NHLA and the Academy combinedinto a single organization, creatingthe nation’s largest educationalorganization devoted to legalissues in the health industry. WithMarilou King continuing as theExecutive Vice President, the newentity was known by the combinedacronym of “NHLA/AAHA.” TheBoard of Directors then wiselyvoted to change the name of theorganization to the American HealthLawyers Association. Membersratified the change at the Annual

A History of theAmerican Health Lawyers AssociationMeeting in San Diego in June,1998. The American Health LawyersAssociation is now the nation’slargest educational associationdevoted to legal issues in thehealth industry with more than13,500 members. Members of theserespective organizations provideleadership, legal representation andcorporate and regulatory counsel toan industry which is estimated toexceed 13% of the gross domesticproduct — nearly 1 trillion (circa2008).Today, with David S. Cade at thehelm, the American Health LawyersAssociation is the nation’s largest,nonpartisan, 501(c)(3) educationalorganization devoted to legal issuesin the health care field. The missionof the American Health LawyersAssociation is absolutely true tothe reasons that its predecessororganizations were formed in the firstplace: to provide a collegial forumfor interaction and informationexchange to enable its members toserve their clients more effectively;to produce the highest quality nonpartisan educational programs,products and services concerninghealth law issues; and to serve as apublic resource on selected healthcare legal issues.AHLA provides resources toaddress the issues facing its activemembers who practice in law firms,government, in-house settingsand academia and who representthe entire spectrum of the healthindustry: physicians, hospitals andhealth systems, manufacturers ofpharmaceuticals, medical devicesand diagnostics, health maintenanceorganizations, health insurers,managed care companies, nursingfacilities, home care providers, andconsumers.as well as enlivens its memberswith new ideas. Our Associationand membership is adept atadapting to change and facingnew challenges.AHLA is indebted to countlessvolunteers for assisting theAssociation in carrying out itsmission. In the following pages, wehave collected the observations andrecollections of the Past Presidentswho have taken the laboring oar inguiding this organization throughits long history. In particular, thefollowing themes clearly werepresent:❯❯ AHLA is held with greatThe development of significantnetworking opportunities andresulting friendships that tend to belife-long relationships. Collegialityamong members in sharinginformation and being a resourcefor one another was the originalimpetus for the Association andcontinues to this day.This is the legacy that resultedfrom David J. Greenburg, the PastPresidents, and numerous otherdedicated members.❯❯ AHLA provides an opportunityto provide high quality supportto our clients.❯❯ The “member-driven” natureof AHLA and the multipleparticipation opportunitiesthat the Association offers to itsmembers distinguishes it fromother legal trade associations.affection among its formerleaders.❯❯ No other industry is as regulatedand no other substantive areaof law is as diverse and as ofrecent vintage as is ours and thisAssociation truly reflects thatuniqueness.Thanks to each of the Past Presidentsfor taking the time to share theirrecollections and contribute to thisMemory Book.Respectfully,Elisabeth BelmontPresident, 2007-2008❯❯ The dialogue, in particularbetween lawyers in thepublic and private sectors, aswell as different healthcareindustry sectors is invaluable.AHLA’s historical interactionwith governmental agencyrepresentatives and, in morerecent years, enforcementagency representatives has beena hallmark of the Association.❯❯ AHLA educates its members onan ever-changing health lawenvironment, even when it isnot yet fully developed withstatutes, regulations and caselaw5

Recollections fromAHLA ExecutivesQAQDavid J. Greenburg(Deceased November 14, 2007)6What leadership positions haveyou held?Founder and CEO, of boththe American Academy ofHealthcare Attorneys andthe National Health LawyersAssociation.Please recount a favoritememory, humorous anecdoteor a vignette of interestfrom AHLA or a predecessororganization.AIt was a great ride and was themost interesting thing I did inmy whole life. I loved helpingthose who were entering awhole new branch of law.QWhat significant friendshipsand/or professionalopportunities do you credit tocontacts that you have madethrough AHLA or a predecessororganization?AI have made many good friendswith many Health Lawyermembers. When I left, therewere 700 members. While Ididn’t know everyone, I hadmany good friendships andenjoyed everyone.QWhat distinguishes AHLA fromother legal trade associationsand makes our Associationunique?AIt’s a friendly organization andthere are no clicks and everyonehas the option to participateif they want to. I tried reallyhard to achieve this [during mytenure].QAWhat do you perceive thefuture of health law to be?Constantly changing andgrowing as we get newlegislation passed. What it willbe I have no idea.QHow has AHLA enhanced yourhealth law practice, and howcan the Association continueto be an essential resource tohealth law practitioners in thefuture?AHealth Lawyers will definitelycontribute to health law in theUS throughout the years whenthings change and new law arepassed.

Tributes fromDavid J. Greenburg Service Award WinnersHealth Lawyers asked each of the pastwinners of the David J. GreenburgService Award to write a brief tributeto David Greenburg, who passed awayNovember 14, 2007. We asked eachwinner to include what it meant/hasmeant to receive the award named inDavid’s honor.The David J. Greenburg service awardis presented each year to an individualwho has shown great loyalty to theAssociation throughout his or hercareer and has made significantcontributions to the growth andlife of the Association. The awardis presented annually at the Boarddinner at the Annual Meeting.David was AHLA. Seldom does anorganization have a leader whois as selfless and dedicated to theorganization and its members asDavid was. AHLA, and its predecessororganizations, are truly fortunateto have had the benefit of David’stireless and dedicated services. Tome, receiving the David J. Greenburgaward was a humbling experiencebecause I knew the tireless dedicationon David’s part that was the basis fornaming the award after him.—Leonard C. HomerOBER KALER, Baltimore, MDReceiving the David J. GreenburgService Award is more of recognitionof what David did for me. When Ifirst met David, I knew nothing abouthealthcare law. I had given a speechon the exciting subject of the federalFreedom of Information Act for acompeting organization. MeetingDavid started a lifelong professionaland personal relationship. David’spleasure in life was seeing othersexcel and become successful. His lifewas the Association and its members.David was part of my family, andwe were part of his. When she wasa college student at Tulane, Davidalways made certain to invite ourdaughter to the faculty dinners inNew Orleans. At such dinners inmany cities, it was not unusual tomeet David’s niece or an aunt oruncle. He took great delight in seeingothers enjoy a good time. And David,we indeed had some good times.After he retired, I would often seehim for lunch or dinner with mywife, or call him for what would bea long conversation. He would askabout Association officers, faculty andmembers. He cared about all of uspersonally. He was a good man. Hewas great in that he gave so much forothers. I am honored to have receivedthe Greenburg Service Award. I amespecially pleased to be a part of thelarger circle of recipients of this awardwho have honored David by theircontributions to AHLA.—Thomas C. FoxReed Smith LLP, Washington, DCThat David took the notion of ahealth lawyers association, andfrom his own home, turned it intosomething that got us to the positionwe are in today was a testamentto vision, tenacity, and completeundauntedness. These are all valuesI would like to believe I share. I hadspent my year as president focused onmaking sure the organization had amission statement that had the word‘excellence’ or ‘quality’ in it, andgetting its first strategic plan in place.Both had happened and that alonewould have made me happy. I wascompletely honored to be recognizedfor those essential qualities David haddemonstrated so clearly.—Alice G. GosfieldAlice G. Gosfield and Associates PC,Philadelphia, PADavid J. Greenburg was a remarkablevisionary and advocate for healthlaw, healthcare, and patients. Hisown interactions with the healthcaresystem inspired him to createinnovative ways to promote positiveand effective interactions betweenall persons involved in healthcare irrespective of their particularprofessional backgrounds. His focuson education was central to hisvision. In my own case, I foundDavid to be unusually receptive tohaving a physician participate in thedebates and discussions pertaining toPast winners:1991–Leonard C. Homer1992–Thomas C. Fox1993–Alice G. Gosfield1994–Dale H. Cowan1995–Alan S. Goldberg1996–Joel L. Michaels1997–James L. Hall, Jr.(Deceased)1998–Phillip A. Proger1999–J.D. Epstein2000–Gary Scott Davis2001–Anne H. Hoover2002–Robert L. Johnson2003–Glen A. Reed2004–Thomas K. Hyatt2005–Gary W. Eiland2006–Michael F. Anthony2007–Richard G. Cowart2008–Sanford V. Teplitzky2009–Beth Schermer2010–Doug Hastings2011–Robert W. Miller2012–Almeta E. Cooper2013–Harvey M. Tettlebaum2014–Elisabeth Belmont2015–Peter M. Leibold2016–S. Allan Adelman7

Tributes fromDavid J. Greenburg Service Award Winnersthe myriad issues affecting a rapidlygrowing industry. He was largelyresponsible for my being able to be anactive participant in the educationalprograms of the NHLA. I shall alwaysbe grateful to him for providing mewith these opportunities. Thus, itwas a very special honor for me tobe awarded the David J. GreenburgService Award of the NHLA. I felt thishonor was really a tribute to him inthat it recognized the efforts of oneindividual to emulate his examplein supporting and promoting themission of the organization he createdand nurtured.—Dale H. Cowan MD, JDCleveland Clinic Foundation,Independence, OHDavid was a teacher; a motivator; amentor; an inspirer; a guide; and afriend, to so many who have beenmembers of the Association. Butmost of all, David was a welcomed,necessary, and constructivepresence: David was always there,wherever and whenever we neededDavid to be somewhere, withintegrity, competence, diligence,encouragement, and a smile whenchallenges seemed great. BecauseDavid knew, more than everyone,that the members and staff ofthe Association could overcomeadversities and achieve more thananyone might have expected,regardless of the challenges. Beingthere and being with us and for us,always, was David’s mission, and aworthy mission well-fulfilled, indeed,and appreciated by all.—Alan S. GoldbergAttorney & Counsellor At Law,McLean, VA8David understood where healthcarewas going and knew the value anassociation would have to lawyerswho serviced that industry on aregular basis. Apart from his insightsand perspectives on what we nowknow as health law, David was also afriend to so many of us. When I leftthe firm I was with in 1978 to startmy own practice, David befriendedme and helped me get started. Hehired me to do health law casesummaries for the Health Law Digestat the rate of 10 per case. Withoutclients and an uncertain future, Iappreciated the opportunity to stayconnected with the field by doingthe summaries. It was one of thefew reliable sources of revenue I hadat that time. He also worked withvarious program chairmen to provideme with speaking opportunities atthe Association’s conferences. Theseopportunities became a key buildingblock to the development of mypractice, as I began to network withother health care lawyers in the fieldand as my own presentation skillsgradually improved.Many years later, when my practicewas more established, David wouldoccasionally greet me at the AHLAprograms by shouting out “Mr.Michaels, I have some case summariesfor you to do.” I would respondby telling him that my rates hadgone up, and we both would have agood laugh. I am sure that my storyparallels others who had the pleasureto work with David–the health lawprofession will truly miss him, andI will never forget his kindness andsupport.—Joel L. MichaelsMcDermott Will & Emery LLP,Washington, DCFondness, appreciation andfrustration are the words that cometo mind when I think of David.“Fondness” because David was agood person who also became a goodcolleague. David had empathy andconcern for other people. He had thatgoodness in him perhaps because hehad his own challenges. But I alwaysbelieved that it was more than that.He simply cared about other people.“Appreciation” comes from myrecognition that he took a chance ona young lawyer at a time when hedid not have much margin of error.“Frustration” should not be a surpriseto those who knew David. He worriedconstantly and obsessed endlessly.My final word is “honored.” Whileundeserving, I was honored to receivethe David J. Greenburg Service Awardbecause it was named after David. Heovercame much, accomplished moreand left a legacy represented now bythe outstanding organization that isAHLA—Phillip A. ProgerJones Day, Washington, DCAs a past recipient of the David J.Greenburg award, I am more thansaddened by David’s passing. I firstmet David when I was a law student,clerking for my now partner andlongtime friend Joel Michaels.NHLA’s offices were then in David’scondominium, a few shorts blocksfrom George Washington UniversityLaw School, which I attended. Atleast once a week, Joel would sendme scampering over to David’s todeliver health law case summarieswhich he had prepared for NHLA.Knowing of my interest in healthlaw, each visit David would taketime to talk and always share afew words of encouragement. ForDavid loved the law and he loved

Tributes fromDavid J. Greenburg Service Award Winnershealth lawyers, and he certainly wasnot going to pass up the chance toinfluence and guide a health lawyerrookie in the making. David wasa good soul, whose time on thisearth brought a sense of learningand sharing to all whose paths hecrossed. The health law bar has lostone of its first and foremost legends.It is now for us to carry on David’slegacy and to pray that he will restfor eternity in peace.—Gary Scott DavisMcDermott Will & Emery LLPMiami, FLI am not a health lawyer, but knowthe tremendous contribution thatDavid made to the field throughhis devotion to the Associationand more importantly his devotionto the people who make up theAssociation–the members andthe staff. He led by example. Hehoped that the members and staffwould value each other and theAssociation as much as he did andthey do, which is a tribute to hisleadership. During the nearly 20years that I have had the privilegeto work for first NHLA and nowAHLA, this has been evident in theway our volunteers give of theirtime to speak, write and governthe Association in order to servetheir colleagues and it is evidentin the way that members viewother members as colleagues andfriends and not as competitors. Tobe recognized for my service to theAssociation and associated withsomeone who is so well respectedand who worked so hard to advancethe mission of the Association istruly an honor. David’s passing is a

deceased when this Memory Book was created. 3 A istory of te American Health Lawyers Association A merican Health Lawyers Association (AHLA) began in 1967 for the same reasons that it still flourishes today: health care lawyers wanted to communicate