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brochure - The American Health Lawyers Association

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4<br />

Program Agenda<br />

202. Medicaid Fraud Enforcement Update<br />

Mark Moskovitz/ Richard Roberson/Jack Wenik<br />

203. False Claims Acts Practice—It Ain’t the Same Since It<br />

All Changed: Real World Update<br />

Margaret Hutchinson/Kathleen McDermott<br />

••Since the 2009 and 2010 amendments, False Claims Act practice has been<br />

transformed by a shift in legal elements and a new civil investigative demand<br />

(CID) practice which allows civil Assistant U.S. Attorneys to seek records,<br />

interrogatories and depositions at the infancy of an investigation and share the<br />

information with enforcement partners and the whistleblower’s counsel<br />

••<strong>The</strong> False Claims Act amendments and DOJ enforcement priorities signal<br />

that the conventional wisdom of False Claims Act practice is changing; our<br />

assumptions and forecasts need a tune-up<br />

••What’s going on and what you can expect in a False Claims Act investigation in<br />

this new era of enforcement<br />

204. Compliance and Criminal and Civil Liability for<br />

Overpayments<br />

David M. Glaser/Gabriel L. Imperato<br />

••<strong>The</strong> criminal statutory obligation to return a “known overpayment” and how<br />

compliance professionals can avoid traps for the unwary<br />

••Liability for retention of a “known overpayment” under the False Claims Act<br />

and Civil Money Penalty Statute and why this is a game changer<br />

••<strong>The</strong> rules implementing the obligation to return a “known overpayment”<br />

including scope of liability and time for disclosure and repayment<br />

••A compliance professionals “road map” for responding to the potential for<br />

organizational overpayment liability<br />

205. Electronic <strong>Health</strong> Records: Auditing Quality and<br />

Compliance (not repeated)<br />

Amy Bailey‑Muckler/Laura Roberts<br />

••Implementing an EMR for successful documentation to support coding, billing<br />

and quality of care<br />

••Auditing the final product<br />

••Mitigate your risk and promote compliance<br />

206. RACs, MACs, ZPICs and Other Audit Contractors:<br />

Latest Developments and Successful Strategies for<br />

Combating Medicare Audits (not repeated)<br />

Steven Greenspan/Andrew B. Wachler<br />

••Recent developments related to RAC, MAC, and ZPIC audit activity and<br />

emerging issues, including the RAC pre-payment demonstration program,<br />

Medicaid RAC activity, and the interplay of audits and CMS’s proposed rule<br />

regarding overpayment identification and reporting<br />

••Successful appeal strategies for healthcare providers defending against RAC,<br />

MAC and ZPIC audits, including new developments regarding effectuating full<br />

Part B reimbursement when the inpatient hospital admission is denied as not<br />

medically necessary<br />

••<strong>The</strong> impact of RACs, MACs and ZPICs on fraud and compliance<br />

considerations and how providers can prospectively mitigate risks by<br />

integrating key compliance strategies.<br />

12:15–1:30 pm<br />

Lunch on your own or attend the AHLA Fraud and Abuse<br />

Practice Group Luncheon, sponsored by PYA (additional fee;<br />

limited attendance; pre-registration required; see page 11)<br />

Emerging Trends in False Claims Act Enforcement<br />

Laura F. Laemmle‑Weidenfeld, Esq. (Moderator), Patton Boggs LLP,<br />

Washington, DC<br />

Daniel R. Anderson, Esq, Deputy Director, Civil Division, U.S. Department<br />

of Justice, Washington, DC<br />

Paul Kaufman, Esq., Assistant U.S. Attorney, EDNY, Chief, Civil<br />

<strong>Health</strong>care Fraud, Brooklyn, NY<br />

CONCURRENT SESSIONS<br />

1:45–2:45 pm<br />

301. Enrollment/Payment Suspension as Enforcement<br />

Tools (not repeated)<br />

Julie Burns/Judith A. Waltz<br />

••Provider/supplier enrollment actions<br />

••Temporary enrollment moratoria<br />

••Billing privileges deactivations/revocations<br />

••Medicare and Medicaid payment suspensions, including new ACA authorities<br />

for suspensions based on investigations of credible allegations of fraud<br />

302. ACO Valuation Issues and Economic Challenges in<br />

Light of the Regulatory Guidance<br />

Thomas E. Bartrum/Albert D. Hutzler<br />

••<strong>The</strong> “fair market value” standard for ACO transactions in light of the<br />

government waivers—which valuation standards apply and when<br />

••<strong>The</strong> IRS guidance and factors, including proportionality factor and how to<br />

determine proportionality of contributions to an ACO<br />

••<strong>The</strong> Medicare Shared Savings Program risk profile tracks and their impact on<br />

transaction terms and values<br />

••ACOs involving private insurance carriers in the current climate<br />

••Risk of government revisions to the waivers and potential unwind provisions<br />

303. Exclusions and Administrative Penalties<br />

Robert M. Penezic/Richard Westling<br />

304. Integrating Quality into Your Compliance Program<br />

(not repeated)<br />

Shawn Y. DeGroot/Robert H. Ossoff<br />

••Why quality of care needs to be integrated into a compliance program<br />

••<strong>The</strong> eleven “Never Events”<br />

••Why compliance must be more engaged in the quality of documentation<br />

305. Why <strong>Health</strong>care Employees Become Whistleblowers<br />

(not repeated)<br />

Joseph E.B. White<br />

••What pushes employees to become whistleblowers<br />

••<strong>The</strong> right way to work with would-be whistleblowers<br />

••How corporate executives and boards of directors undermine compliance<br />

efforts<br />

306. Effective Vendor Risk Management:<br />

A Streamlined Approach (not repeated)<br />

Cliff Baker/LeeAnn Foltz<br />

••<strong>The</strong> common challenges organizations face when managing vendor risk<br />

••<strong>The</strong> steps and activities of an efficient and effective approach to managing<br />

vendor risk<br />

••How technology can best be used to support vendor risk management<br />

activities<br />

3:00–4:00 pm<br />

401. Strategies for a Medical Necessity Case– From<br />

Investigation to Final Resolution (not repeated)<br />

Ankur J. Goel/Daniel J. Mulvanny<br />

••Identifying and consistently evaluating medical necessity issues<br />

••Strategies for communication with patients, physicians, Board members, and<br />

the community<br />

••Mitigating adverse consequences on the community, the provider, the<br />

employees, and physicians<br />

••How and when medical necessity issues become False Claims Act cases<br />

••Strategies for self-disclosure, and defense and resolution of medical necessity<br />

investigations

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