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<strong>CONNECT</strong><br />

<strong>April</strong> <strong>2021</strong><br />

<br />

A Monthly Publication for the <strong>Healthcare</strong> <strong>Compliance</strong> Community<br />

Distinguished Speaker to Discuss<br />

Cybersecurity in <strong>Healthcare</strong> at<br />

<strong>Healthcare</strong> <strong>Compliance</strong> Symposium<br />

Employment Law and COVID<br />

Intro to Whistleblower Laws<br />

Infographic:<br />

<strong>Healthcare</strong> <strong>Compliance</strong><br />

Training for the Workforce<br />

Year One of PHE Regulatory<br />

Disruption of Reimbursement:<br />

Who Adapted, Who is at Risk,<br />

Bad Actors<br />

1st Talk <strong>Compliance</strong>:<br />

The New AKS and Stark<br />

Laws Final Rules – Key<br />

Take-Aways


Got a Minute? Please Rate Us!<br />

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of our community spreading the word about us.<br />

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experience. It’s a simple way to help us grow and<br />

improve.<br />

We appreciate your support and look forward to<br />

hearing from you!<br />

In This Issue:<br />

FAQ Corner<br />

Distinguished Speaker to Discuss Cybersecurity in<br />

<strong>Healthcare</strong> at <strong>Healthcare</strong> <strong>Compliance</strong> Symposium<br />

Infographic: <strong>Healthcare</strong> <strong>Compliance</strong> Training for<br />

the Workforce<br />

Employment Law and COVID<br />

Intro to Whistleblower Laws<br />

Year One of PHE Regulatory Disruption of<br />

Reimbursement: Who Adapted, Who is at Risk,<br />

Bad Actors<br />

2<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


<strong>Compliance</strong> Super Ninja <br />

Cindy Raposas, Office Manager<br />

Angel Q Raposas MD PC<br />

How would you describe your experience with <strong>First</strong><br />

<strong>Healthcare</strong> <strong>Compliance</strong>?<br />

Wonderful!! I am a physician who is now working as the office<br />

manager for my husband’s office while we raised our children. In<br />

medical school, we are not trained in all of the compliance laws and<br />

requirements needed for private practice. Your company has given<br />

us the resources to stay in compliance with regulations I knew existed but was not sure what<br />

was needed. We have all our staff up to date and compliant with everything. Thanks for such a<br />

great site that is so easy to use even for someone who wrote paper notes while in training.<br />

What do you enjoy most about working with Angel Q Raposas MD PC?<br />

I like knowing we are taking good care of the patients as they grow older. Even though I no<br />

longer work as the doctor, I like talking to people, both patients and our awesome staff. We<br />

couldn’t ask for better!<br />

What would you rather have, more technology or less technology in your life?<br />

Why?<br />

I want less. I understand the use of all the electronic medical records, but in many ways it<br />

was easier to just write on paper. There was more patient engagement without computers.<br />

1st Talk <strong>Compliance</strong>: The New AKS and Stark<br />

Laws Final Rules – Key Take-Aways<br />

COVID-19 <strong>Healthcare</strong> <strong>Compliance</strong> Toolkit<br />

Upcoming and On-Demand Webinars<br />

Contact Toll Free: 888-54-FIRST 3


FAQ Corner<br />

What is an OSHA exposure control plan?<br />

The exposure control plan is the employer’s written<br />

program that outlines the protective measures an<br />

employer will take to eliminate or minimize employee<br />

exposure to blood and OPIM.<br />

The exposure control plan must contain, at a minimum:<br />

• The exposure determination which identifies job<br />

classifications with occupational exposure and<br />

tasks and procedures where there is occupational<br />

exposure and that are performed by employees in<br />

job classifications in which some employees have<br />

occupational exposure.<br />

• The procedures for evaluating the circumstances<br />

surrounding exposure incidents;<br />

• A schedule of how other provisions of the standard<br />

are implemented, including methods of compliance,<br />

HIV and HBV research laboratories and production<br />

facilities requirements, hepatitis B vaccination<br />

and post-exposure evaluation and follow-up,<br />

communication of hazards to employees, and<br />

recordkeeping;<br />

Methods of compliance include:<br />

○<br />

○<br />

○<br />

○<br />

Universal Precautions;<br />

Engineering and work practice controls,<br />

e.g., safer medical devices, sharps disposal<br />

containers, hand hygiene;<br />

Personal protective equipment;<br />

Housekeeping, including decontamination<br />

procedures and removal of regulated waste.<br />

• Documentation of:<br />

○<br />

○<br />

the annual consideration and implementation of<br />

appropriate commercially available and effective<br />

safer medical devices designed to eliminate or<br />

minimize occupational exposure, and<br />

the solicitation of non-managerial healthcare<br />

workers (who are responsible for direct patient<br />

care and are potentially exposed to injuries<br />

from contaminated sharps) in the identification,<br />

evaluation, and selection of effective<br />

engineering and work practice controls.<br />

For more information please see: https://www.osha.gov/laws-regs/standardinterpretations/1993-02-01-0<br />

Explore the FAQs tab in your compliance solution<br />

to find answers to your compliance questions!<br />

CLIENT<br />

ALERT<br />

4<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


<strong>Healthcare</strong> <strong>Compliance</strong><br />

Training for the Workforce<br />

What Training Topics Should be Covered in a <strong>Healthcare</strong><br />

<strong>Compliance</strong> Program?<br />

Successful employee education is an integral part of a comprehensive healthcare compliance<br />

program. <strong>Compliance</strong> professionals must consider which topics should be offered to the workforce.<br />

Of course, proper training depends on variables such as type of healthcare organization, roles of<br />

employees and location of the entity. States may impose specific requirements that go beyond<br />

federal requirements. Generally, four broad categories cover the topics imperative to the start of a<br />

comprehensive healthcare compliance program.<br />

HIPAA<br />

OSHA<br />

HUMAN<br />

RESOURCES<br />

FRAUD, WASTE<br />

& ABUSE<br />

Comprehensive <strong>Healthcare</strong> <strong>Compliance</strong><br />

CONFIDENCE INCLUDED<br />

Creating confidence among compliance<br />

professionals through education,<br />

resources, and support<br />

888.54.FIRST 1sthcc.com<br />

Contact Toll Free: 888-54-FIRST 5


Distinguished Speaker to Discuss<br />

Cybersecurity in <strong>Healthcare</strong> at<br />

<strong>Healthcare</strong> <strong>Compliance</strong> Symposium<br />

on <strong>April</strong> 22, <strong>2021</strong><br />

Julie Sheppard, BSN, JD, CHC<br />

Raymond Ribble, founder of SPHER, Inc. a<br />

leading SaaS-based compliance analytics<br />

solution, will serve as the Distinguished<br />

Speaker at the upcoming <strong>Healthcare</strong><br />

<strong>Compliance</strong> Symposium to address the<br />

issue of cybersecurity in healthcare.<br />

Ray is a co-founder of Fusion Systems Co., Ltd.<br />

an international IT Consulting business with<br />

operations throughout Asia and across multiple<br />

industry verticals. He is active in multiple<br />

international businesses, having lived in Japan<br />

and mainland China for close to 20 years. He is<br />

active in numerous healthcare privacy groups<br />

such as HIMSS and MGMA, speaking at healthcare<br />

industry events, and works to contribute to<br />

the growing awareness of the need to identify<br />

internal and external malfeasance to prevent data<br />

breaches.<br />

With over 25 years in the systems technology<br />

industry Ray’s career began as an aerospace<br />

engineer at Northrop Corporation, advancing into<br />

international financial systems consulting and<br />

solutions development across Asia for many of<br />

the worlds’ top investment banks. Ray’s firm was<br />

prominent in working with the HITECH Program<br />

serving over 2000 provider groups across<br />

Southern California in attesting to Meaningful Use<br />

and addressing the increasingly complex privacy<br />

and security mandates.<br />

6<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


The fourth annual <strong>Healthcare</strong> <strong>Compliance</strong><br />

Symposium is a virtual afternoon of learning<br />

offered through a collaboration of Delaware<br />

Law School and <strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>.<br />

The online event will be held on <strong>April</strong> 22, <strong>2021</strong><br />

from 11:30 am ET until 5:45 pm ET. Multiple<br />

opportunities for continuing education<br />

credits are available for attorneys, healthcare<br />

administrators, and compliance professionals.<br />

Attendees are eligible to receive 5.5 CLE credits<br />

(4.5 substantive, 1 ethics) in Delaware, New<br />

Jersey, and Pennsylvania. This program has been<br />

approved for 5.5 continuing education unit(s) by<br />

Practice Management Institute® and PAHCOM.<br />

The <strong>Compliance</strong> Certification Board (CCB)® has<br />

approved this event for up to 6.6 CCB CEUs.<br />

Continuing Education Units are awarded based<br />

on individual attendance record. Granting of prior<br />

approval in no way constitutes endorsement by<br />

CCB of this event content or of the event sponsors.<br />

Registration is available to the public.<br />

Risk Management Considerations for<br />

the <strong>Healthcare</strong> <strong>Compliance</strong> Officer:<br />

Training, Incident Management, Governing Boards,<br />

and Measures Unique to COVID-19<br />

It’s no secret that healthcare is one of America’s<br />

most heavily regulated industries with substantial<br />

fines and penalties for non-compliance. Complex<br />

regulations and mandates make compliance<br />

management a necessity. <strong>Healthcare</strong> organizations<br />

particularly rely on the skills and attributes of<br />

their compliance officer to navigate the expansive<br />

regulatory framework.<br />

DOWNLOAD NOW<br />

Contact Toll Free: 888-54-FIRST 7


Intro to Whistleblower Laws<br />

Catherine Short<br />

Shauna Itri, Partner at Seeger Weiss LLP will<br />

lead the presentation Intro to Whistleblower<br />

Laws at the <strong>Healthcare</strong> <strong>Compliance</strong> Symposium<br />

<strong>2021</strong> on <strong>April</strong> 22.<br />

For well over a decade Shauna has been leading litigation<br />

teams in complex fraud cases in both state and federal<br />

courts. Shauna’s nationwide practice has focused on<br />

representing plaintiffs in various settings,<br />

including class action securities and<br />

consumer matters; antitrust; and cases<br />

involving patient harm. Shauna also<br />

has extensive experience representing<br />

whistleblowers in False Claims Act<br />

lawsuits, and tax and securities<br />

whistleblowers with claims under the IRS<br />

and SEC whistleblower programs. After<br />

obtaining her law degree, Shauna sought<br />

to represent plaintiffs because of her deep-seated notions<br />

of fairness and her desire to represent individuals who<br />

wanted to bring corporate fraud to light. She believes the<br />

key to success in complex litigation is using experience<br />

to lay bare various defense tactics that are designed to<br />

obscure the truth. Shauna’s temperament brings a sense<br />

of calmness to her litigation teams, even under the most<br />

demanding conditions. Using her legal skills, vision, workethic,<br />

and attention to detail, she has regularly generated<br />

multi-million-dollar settlements for her clients.<br />

Prior to becoming an attorney, Shauna received a B.A.<br />

and an M.A. from Stanford University, where she was<br />

two-time captain of the University’s women’s nationally<br />

ranked soccer team. She received her J.D. from Villanova<br />

University.<br />

Shauna is an avid volunteer and educator.<br />

She has served as an adjunct professor at<br />

Villanova University (2011-2013) and Widener<br />

Law School (2013-2018), teaching corporate<br />

deviance courses. Shauna currently serves<br />

as co-chair of Stanford University Alumni<br />

Undergraduate Admissions Volunteer<br />

Interview Program, and is the President of<br />

the Junior League of Philadelphia, Inc., an<br />

organization of approximately 800 women committed to<br />

promoting voluntarism, developing the potential of women,<br />

and improving the community through the effective action<br />

and leadership of trained volunteers.<br />

Click here for more information or to register for the<br />

Symposium!<br />

8<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


Referral Appreciation Program<br />

Receive a $50 gift card* when you refer a client!<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong> is delighted to offer a<br />

Referral Appreciation Program to say thank you for<br />

helping us to continue to grow. For each new 1st<br />

Professional or 1st Premium client originating from<br />

a referral, <strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong> will provide<br />

a $50 gift card as a token of appreciation.<br />

LEARN MORE<br />

The Most Comprehensive<br />

<strong>Healthcare</strong> <strong>Compliance</strong><br />

Course<br />

The Fundamentals is a user-friendly, fourmodule<br />

online course designed to help healthcare<br />

professionals understand the essential principles<br />

and practices of compliance.<br />

BUY COURSE NOW<br />

Contact Toll Free: 888-54-FIRST 9


Employment Law and COVID<br />

Catherine Short<br />

Catherine Walters, Partner at Bybel<br />

Rutledge LLP will lead the presentation<br />

Employment Law and COVID-19 at the<br />

<strong>Healthcare</strong> <strong>Compliance</strong> Symposium <strong>2021</strong><br />

on <strong>April</strong> 22.<br />

Catherine E. Walters provides exclusive management-side<br />

labor and employment services for employers of all sizes,<br />

including privately and publicly held companies, government<br />

contractors, institutions of higher education, health<br />

care providers, trade associations and other non-profit<br />

organizations.<br />

Her emphasis on strategic thinking and focused solutions<br />

enables her to provide employers with the sophisticated<br />

counsel that has become necessary in today’s complex<br />

business environment. Catherine regularly appears before<br />

federal and state courts and administrative agencies where<br />

she handles both employment and traditional labor matters.<br />

Click here for more information or to register for the<br />

Symposium!<br />

Her practice spans an array of industries, including financial<br />

and banking, manufacturing, defense contracting, education,<br />

health care, professional services, insurance, construction,<br />

technology, retail, real estate, transportation, restaurant and<br />

hospitality.<br />

Catherine’s extensive experience and collaborative skills<br />

enable her to partner with her clients to develop creative,<br />

practical, business-oriented solutions to their legal<br />

challenges.<br />

She focuses on identifying current and emerging trends in<br />

order to provide clients with proactive legal advice aimed at<br />

managing and preventing emerging risks.<br />

10<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


COVID-19 <strong>Healthcare</strong><br />

<strong>Compliance</strong> Toolkit<br />

<strong>Healthcare</strong> compliance amidst COVID-19 presents<br />

new challenges for hospitals and healthcare providers.<br />

At top importance is the question of how to slow or<br />

stop the spread of COVID-19, while ensuring that your<br />

organization stays compliant.<br />

Now more than ever, your compliance department needs to<br />

have the necessary tools to help track, analyze, and respond<br />

to compliance challenges. To help navigate the process, we’ve<br />

gathered our best COVID-19 resources below. If you need further<br />

assistance, please contact us here.<br />

VIEW TOOLKIT<br />

Contact Toll Free: 888-54-FIRST 11


Year One of PHE<br />

Regulatory Disruption<br />

of Reimbursement:<br />

Who Adapted, Who is<br />

at Risk, Bad Actors<br />

Catherine Short<br />

Stephen Bittinger Partner with K&L<br />

Gates in the firm’s Charleston office<br />

and a member of the health care/<br />

FDA practice group, will lead the<br />

presentation Year One of PHE Regulatory<br />

Disruption of Reimbursement: Who<br />

Adapted, Who is at Risk, Bad Actors at<br />

the <strong>Healthcare</strong> <strong>Compliance</strong> Symposium<br />

<strong>2021</strong> on <strong>April</strong> 22.<br />

In addition, he has experience advising clients on<br />

defending and appealing audits by Recovery Audit<br />

Contractors, Zone Program Integrity Contractors, and<br />

Unified Program Integrity Contractors and has worked<br />

collaboratively with government regulators and<br />

health care provider associations across the United<br />

States. Bittinger has represented many providers and<br />

vendors with federal agency matters in Washington,<br />

Mr. Bittinger focuses his practice on health care<br />

reimbursement compliance, defense and litigation,<br />

with a focus on government and private payer disputes<br />

on behalf of providers, vendors, and manufacturers<br />

involved in the United States health care system.<br />

He has extensive experience representing large<br />

provider groups, home health agencies, medical<br />

facilities, ancillary service providers, medical labs,<br />

revenue cycle management companies, and drug and<br />

device manufacturers in matters including Medicare<br />

and Medicaid audits, private payer audits, federal<br />

regulatory termination and exclusion proceedings,<br />

False Claims Act prosecutions, and health care<br />

revenue issues.<br />

12<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


D.C., including the Centers for Medicare and Medicaid<br />

Services (CMS) Center for Program Integrity (CPI), the<br />

Department of Health and Human Services Office<br />

of Inspector General (HHS-OIG), the Department of<br />

Veteran Affairs (VA), and Health Care Fraud division<br />

of the Department of Justice (DOJ).<br />

Prior to joining the firm Mr. Bittinger served at a<br />

regional commercial law firm where he focused<br />

his practice on health care reimbursement defense<br />

and litigation. Previously, Mr. Bittinger and team<br />

represented numerous types of physician practices,<br />

home health agencies, medical facilities, ancillary<br />

service providers, medical laboratories, revenue<br />

cycle management companies, and drug/device<br />

manufacturers in Medicare audits (RAC, ZPIC, UPIC,<br />

TPE), Medicaid audits (SIU), private payors audits,<br />

federal regulatory termination, and exclusion litigation<br />

related to the health care revenue cycle.<br />

Click here for more information or to register for the<br />

Symposium!<br />

COVID-19 <strong>Healthcare</strong><br />

<strong>Compliance</strong> Updates<br />

DOWNLOAD NOW<br />

Contact Toll Free: 888-54-FIRST 13


hosted by Catherine Short<br />

Catherine Short converses with Rachel V. Rose, JD, MBA, Principal with Rachel V. Rose – Attorney at Law,<br />

P.L.L.C., Houston, TX, on the topic of “The New AKS and Stark Laws Final Rules – Key Take-Aways.” On<br />

November 20, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a Final Rule related to<br />

the Medicare Physician Self-Referral Law (Stark Law). Nearly simultaneously, the Office of the Inspector<br />

General, Department of Health and Human Services (HHS-OIG), released a Final Rule, which amends<br />

various safe harbors to the Federal Anti-Kickback Statute (AKS). The changes appear to be based, in large<br />

part, on value-based healthcare delivery and payment systems. On this episode, we will highlight the key<br />

changes, along with the similarities and differences in the language between the two Final Rules, examine<br />

the new AKS safe harbors and Stark Law exceptions, compare and contrast critical items found in both<br />

Final Rules, and appreciate the risks of non-compliance.<br />

Listen weekdays at<br />

7:30am, 3:30pm, 11:30pm ET<br />

Check out our Show Page!<br />

Looking for the latest compliance insights?<br />

Subscribe to our feed and don’t miss a thing!<br />

14<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>


WORD SEARCH<br />

B U G U U C Z A V C V L Z L N R F J D L<br />

L T D V O H P K Y V X E G R D N R S A N<br />

O J U G D W B I Z A V D K Y Y E V T C E<br />

Z N I J C V R I W M A Z G L D V I U R T<br />

L U P A I K A W R T Z O Y M T P W A C S<br />

S E G N E L L A H C L D A V S S C E Z P<br />

D J E C R E R U S O P X E O W H S M J R<br />

P T M M K L Y C N H K H H H T W E T L N<br />

A N P T A I X H O A H J I L L P C Y G O<br />

T A L U O N C H X F H S A Q J M N O C I<br />

I I O P S E A Z Q R T E Y R U I E T Z T<br />

E L Y W T Z O G U L H V H P K R I P M A<br />

N P M V N H S N E W Z Y F A U N R G N M<br />

T M E H E Z R B I M N A Z M G O E J C R<br />

S O N H Q D L I R F E P G R A T P Y K O<br />

T C T G G O W T C H E N T D W G X W L F<br />

K H F I W C Y L J N T S T A B P E N M N<br />

C Y B E R S E C U R I T Y W A B B W Y I<br />

N T R N M J V J R V K M U I S O P M Y S<br />

P Q L N K B D W V N N P H Y S I C I A N<br />

CHALLENGES HOSPITAL MANAGEMENT<br />

PHYSICIAN COMPLIANT PATIENTS<br />

TECHNOLOGY EXPOSURE HEALTHCARE<br />

CYBERSECURITY SYMPOSIUM WHISTLEBLOWER<br />

EMPLOYMENT EXPERIENCE INFORMATION<br />

Contact Toll Free: 888-54-FIRST 15


Upcoming and On-Demand Webinars<br />

Training<br />

APR 27, <strong>2021</strong><br />

MAY 11, <strong>2021</strong><br />

MAY 25, <strong>2021</strong><br />

ON DEMAND<br />

ON DEMAND<br />

1, 2, 3’s of Coding, Billing & Auditing<br />

Waivers and Discounts: What are They and When do They<br />

Apply?<br />

Don’t Let a Medicare Revocation End Your Practice<br />

COVID-19: Workplace Safety, OSHA Updates, and Return to<br />

Work Issues<br />

Employment & Labor Law in the <strong>First</strong> 100 Days of the Biden<br />

Administration<br />

Register<br />

Register<br />

Register<br />

All Upcoming Webinars<br />

All On Demand Webinars<br />

IMPORTANT<br />

In the interest of your security, login credentials<br />

are for individual use only and not to be shared.<br />

Please contact Client Services if you require<br />

additional manager level users and/or if there has<br />

been a change in contact information.<br />

NEW FEATURES!<br />

Employee Zone / <strong>Compliance</strong> Detail<br />

NEW COVID-19 Vaccination Status tracking<br />

Training Zone - New required training modules<br />

have been added titled “Fraud Waste and<br />

Abuse Training” and “General<br />

<strong>Compliance</strong> Training”. These<br />

modules replace the CMS<br />

training materials.<br />

CLIENT<br />

ALERT<br />

Training Zone - has a New Assign Training to<br />

Employee feature: Assign by Job Title to all<br />

employees with a specific Job Title or select<br />

multiple Job Titles.<br />

COVID-19 Resource section available from the<br />

dashboard for 1st Performance, 1st Professional,<br />

and 1st Premium.<br />

Join us on Social Media!<br />

Contact our Client Services Team with your questions!<br />

888.54.FIRST or clientservices@1sthcc.com<br />

16<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2021</strong>

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