First Healthcare Compliance CONNECT April 2021
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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
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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 />
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<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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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