1st Talk Compliance features attorneys Sean McKenna, Lauren Nelson, and Vincent Aiello of Spencer Fane LLP, on the topic of Healthcare Assets: How to Preserve and Protect. We will discuss the interplay between enforcement and liability proceedings with asset protection, explore how government and private litigation matters can impact healthcare companies, clinicians, and executives, and provide tips and preventative strategies to preserve income and assets prior to such action to ensure business continuity and succession planning.
1st Talk Compliance features guest Raymond Ribble, CEO and Founder at SPHER, Inc., on the topic of A Practical Approach to The Safe Harbor Law. Ray joins our host Catherine Short to discuss how HIPAA data breach penalties typically get measured in millions of dollars, even following an organization implementing NIST cybersecurity framework measures. However, with the new HIPAA Safe Harbor Law, signed in January 2021, HHS and OCR may consider some penalty mitigation. It is important to understand that the Safe Harbor Law, while offering substantial protection, does not provide a true safe harbor and only offers some protection. This episode will examine what the established security practices for healthcare are, and how to pivot your organization’s security profile to mitigate breach penalties if an event occurs.
1st Talk Compliance features guest Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., on the topic “DMEPOS – In Compliance with CMS.” Rachel joins our host Catherine Short to discuss special payment rules associated with durable medical equipment, prosthetics, orthotics and supplies. DMEPOS products must meet quality standards, suppliers need to be accepted by Medicare to participate, similar to providers, and are subject to fraud, waste, and abuse laws. This episode will provide an overview of participation and quality requirements, relay the latest compliance and requirements updates, and discuss the consequences of non-compliance, as well as submitting false and fraudulent claims.
Shauna Itri, Partner at Seeger Weiss LLP will be presenting for us today. A whistleblower or qui tam action can provide financial rewards to individuals who have information that a company/individual has committed fraud. The primary statutes under which this relief may be sought are the federal and state False Claims Acts (“FCAs”). In addition to the FCAs, there are other statutes which apply to tax fraud, securities fraud, and in California, fraud on private insurance companies. This practical Course will provide an overview of the False Claims Acts, the knowledge and skills to be able to recognize a potential whistleblower case, and understand the unique procedures utilized in filing whistleblower cases/tips. The second half of the Course will go into recent trends in cases brought (or could be brought) under the False Claims Act including cases involving mined data and potential fraud related to COVID-19.
Sean McKenna, Partner at Spencer Fane, LLP in Dallas, TX and Mike McCarthy, Deputy General Counsel at The Cooper Health System in Camden, NJ, will be presenting on these newly updated regulations. Discussion will cover the new Stark, AKS, and other pertinent rules affecting healthcare providers.
Catherine Short converses with Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C. and Don Barbo, Managing Director with VMG Health, on the topic of “New Stark Law and AKS Final Rules -Valuation Considerations.” On January 19, 2021, a new era was ushered in as the CMS Stark Law Final Rule and the HHS-OIG Anti-Kickback Statute Final Rule became effective. The impetus behind the new Final Rules is value-based care and care coordination. In light of the advent of Value-Based Arrangements, which include Value-Based Enterprises, as well as the continuing importance of fair-market value and commercial reasonableness, we will focus on these aspects of the respective Final Rules, which must be read in conjunction with each other.
Rachel V. Rose, JD, MBA, principal with Rachel V. Rose – Attorney at Law, P.L.L.C., Houston, TX and Don Barbo, Managing Director with VMG Health are presenting this timely webinar. On January 19, 2021, a new era was ushered in as the CMS Stark Law Final Rule and the HHS-OIG Anti-Kickback Statute Final Rule became effective. The impetus behind the new Final Rules is value-based care and care coordination. In light of the advent of Value-Based Arrangements, which include Value-Based Enterprises, as well as the continuing importance of fair-market value and commercial reasonableness, this presentation focuses on these aspects of the respective Final Rules, which must be read in conjunction with each other. Additionally, a portion of the presentation will be dedicated to the nuances of balance sheets, income statements, and valuations in relation to both the healthcare industry and the aforementioned laws.
On December 2, 2020, CMS and OIG issued their Final Rules relating to the modifications to the Stark Regulations and the Anti-Kickback Statute Safe Harbors proposed in their October 17, 2019 Notices of Proposed Rulemaking. If you would like to gain more awareness of these important updates, please register for our complimentary webinar and earn CEU.
Valuation Considerations in the Era of the New Stark Law and AKS Final Rules, Q & A with Rachel Rose and Don Barbo
Rachel V. Rose, JD, MBA, Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX) and Don Barbo, CPA/ABV, MBA, Managing Director with VMG Health will lead the complimentary webinar Valuation Considerations in the Era of the New Stark Law and AKS Final Rules on June 22, 2021, at 12 pm ET. This is a special 90-minute event that offers 1.5 CEUs. In anticipation of this webinar, Rachel and Don provide answers to common questions.
C.Trey Scott, Coordinating Attorney at Kennedy, Attorneys & Counselors at Law leads this webinar. Waivers and discounts are normal business activities that occur throughout the US daily as a way to reward customers or to assist when an invoice or bill may too expensive. However, in a healthcare context, the normal rules for waivers and discounts don’t apply. This presentation will highlight what waivers and discounts are, how they work, and when they are problematic/illegal.