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

<strong>April</strong> <strong>2022</strong><br />

<br />

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

FAQ Corner:<br />

Where can healthcare providers<br />

conduct telehealth?<br />

Infographic:<br />

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

Training for the Workforce<br />

Avoiding Government<br />

Data Mining for Fraud<br />

Appreciating Extreme Risk<br />

Protection Orders and HIPAA<br />

OSHA, COVID and YOU<br />

– Where Are We NOW?<br />

Ethics and <strong>Compliance</strong><br />

on the Road<br />

OSHA, COVID and YOU<br />

– Where Are We NOW?<br />

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

Employment and Labor Law<br />

Digest


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

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hearing from you!<br />

In This Issue:<br />

FAQ Corner: Where can healthcare providers<br />

conduct telehealth?<br />

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

for the Workforce<br />

Avoiding Government Data Mining for Fraud<br />

Appreciating Extreme Risk Protection Orders<br />

and HIPAA<br />

2<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</strong>


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

Joan Telesford, Practice Administrator<br />

Abington Pediatric Associates<br />

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

My experience with <strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong> is great. I love being able to see at a glance items that need<br />

to be addressed.<br />

The “What’s New This Month” tab is one of my favorite features.<br />

What do you enjoy most about working with Abington Pediatrics Associates?<br />

I love working with such a caring group of pediatricians.<br />

Would you rather live on the beach or in a cabin in the woods? Why?<br />

I would rather live on the beach, one of my favorite things to do is sit on the sand and stare out into the water.<br />

OSHA, COVID and YOU – Where Are We NOW?<br />

Ethics and <strong>Compliance</strong> on the Road<br />

1st Talk <strong>Compliance</strong>: Employment and Labor<br />

Law Digest<br />

Contact Toll Free: 888-54-FIRST 3


FAQ Corner<br />

Where can healthcare providers conduct telehealth?<br />

OCR expects health care providers will ordinarily conduct telehealth in private settings, such as a doctor<br />

in a clinic or office connecting to a patient who is at home or at another clinic. Providers should always<br />

use private locations and patients should not receive telehealth services in public or semi-public settings,<br />

absent patient consent or exigent circumstances.<br />

If telehealth cannot be provided in a private setting, covered health care providers should continue<br />

to implement reasonable HIPAA safeguards to limit incidental uses or disclosures of protected<br />

health information (PHI). Such reasonable precautions could include using lowered voices, not using<br />

speakerphone, or recommending that the patient move to a reasonable distance from others when<br />

discussing PHI.<br />

https://www.hhs.gov/hipaa/for-professionals/faq/3021/where-can-health-care-providers-conduct-telehealth/index.html<br />

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

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

CLIENT<br />

ALERT<br />

The Most Comprehensive<br />

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

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

online course designed to help healthcare professionals<br />

understand the essential principles and practices of<br />

compliance.<br />

BUY COURSE NOW<br />

4<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</strong>


Contact Toll Free: 888-54-FIRST 5


Avoiding Government<br />

Data Mining for Fraud<br />

Catherine Short<br />

Stephen Bittinger, Partner with K&L Gates in<br />

the firm’s Charleston office and a member of<br />

the health care/FDA practice group, will lead<br />

the presentation Avoiding Government Data<br />

Mining for Fraud at the <strong>Healthcare</strong> <strong>Compliance</strong><br />

Symposium <strong>2022</strong> on <strong>April</strong> 28, <strong>2022</strong>.<br />

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

reimbursement compliance, defense and litigation, with<br />

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

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

in the United States healthcare system. He has extensive<br />

experience representing large provider groups, home<br />

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

providers, medical labs, revenue cycle management<br />

companies, and drug and device manufacturers in<br />

matters including Medicare and Medicaid audits, private<br />

payer audits, federal regulatory termination and exclusion<br />

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

care revenue issues.<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 health<br />

care provider associations across the United States.<br />

Bittinger has represented<br />

many providers and<br />

vendors with federal<br />

agency matters in<br />

Washington, D.C.,<br />

including the Centers for<br />

Medicare and Medicaid<br />

Services (CMS) Center for<br />

Program Integrity (CPI),<br />

the Department of Health<br />

and Human Services Office of Inspector General (HHS-<br />

OIG), the Department of Veteran Affairs (VA), and Health<br />

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

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

commercial law firm where he focused his practice<br />

on health care reimbursement defense and litigation.<br />

Previously, Mr. Bittinger and team represented numerous<br />

types of physician practices, home health agencies,<br />

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

laboratories, revenue cycle management companies,<br />

and drug/device manufacturers in Medicare audits (RAC,<br />

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

audits, federal regulatory termination, and exclusion<br />

litigation related to the healthcare revenue cycle.<br />

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

Symposium!<br />

6<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</strong>


Navigating Workplace Violence<br />

Prevention Under OSHA<br />

Workplace violence is a serious issue, especially in<br />

healthcare facilities. The Occupational Safety and Health<br />

Administration (OSHA) responded in 2015 by updating and<br />

publishing their guidelines on how to best prevent workplace<br />

violence. The OSHA workplace violence prevention<br />

guidelines help employees and employers alike by providing<br />

the necessary steps to maintain a safe work environment.<br />

DOWNLOAD NOW<br />

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

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

In response to the global outbreak of the novel coronavirus<br />

disease (COVID-19), the Secretary of Health and Human<br />

Services declared a public health emergency on January 31,<br />

2020. Federal agencies have taken action by issuing updates<br />

and guidance to navigate the crisis. This ebook provides<br />

healthcare providers with important developments and<br />

resources that impact federal healthcare laws.<br />

DOWNLOAD NOW<br />

Contact Toll Free: 888-54-FIRST 7


Appreciating Extreme Risk<br />

Protection Orders and HIPAA<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong> Staff<br />

Rachel V. Rose, JD, MBA is a Principal with Rachel<br />

V. Rose – Attorney at Law, P.L.L.C. (Houston, TX), a<br />

frequent guest on our podcast, 1st Talk <strong>Compliance</strong><br />

and she will lead the presentation Appreciating<br />

Extreme Risk Protection Orders and HIPAA at the<br />

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

<strong>2022</strong> on <strong>April</strong> 28.<br />

Ms. Rose has a unique background, having worked<br />

in many different facets of healthcare, securities,<br />

cybersecurity, as well as international law and<br />

business throughout her career. Her practice<br />

focuses on a variety of cybersecurity, health<br />

care and securities law issues related to industry<br />

compliance and transactional work, as well as<br />

representing plaintiffs in Dodd-Frank/False Claims<br />

Act whistleblower claims.<br />

In addition to being extensively published and a<br />

sought-after presenter and quoted expert, Ms.<br />

Rose holds an MBA with minors in healthcare and<br />

entrepreneurship from Vanderbilt University, and a<br />

law degree from Stetson University College of Law,<br />

where she graduated with various honors, including<br />

the National Scribes Award and The William F. Blews<br />

Pro Bono Service Award.<br />

Ms. Rose is licensed in<br />

Texas and is admitted<br />

to practice before all<br />

State Courts as well<br />

as the United States<br />

Supreme Court, the<br />

District Court for the<br />

District of Colombia<br />

and all four Federal<br />

Court Districts in the<br />

State of Texas. She is a Fellow of the Federal Bar<br />

Association. Currently, she is the Chair of the Federal<br />

Bar Association’s Government Relations Committee,<br />

a board member of the Federal Bar Association’s Qui<br />

Tam Section, the co-editor of the American Health<br />

8<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</strong>


Lawyers Association’s Enterprise Risk Management<br />

Handbook for <strong>Healthcare</strong> Entities (2nd Edition), as<br />

well as a co-author of the books The ABCs of ACOs<br />

and What Are International HIPAA Considerations?<br />

She has been named consecutively to the Texas<br />

Bar College, the National Women Trial Lawyers<br />

Association’s Top 25 and Houstonia Magazine’s<br />

Top Lawyers for healthcare. In 2019, she was also<br />

named to the National Trial Lawyers Association’s<br />

Top 100, as well as 1st <strong>Healthcare</strong> <strong>Compliance</strong>’s<br />

2019 Top Presenter. Ms. Rose is also an Affiliated<br />

Member with the Baylor College of Medicine’s<br />

Center for Medical Ethics and Health Policy, where<br />

she teaches bioethics. See www.rvrose.com for<br />

additional information.<br />

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

C. Trey Scott, Coordinating Attorney at<br />

Kennedy, Attorneys & Counselors<br />

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

at Law<br />

Toolkit<br />

will present Under Pressure: Reporting<br />

Appeals for the Fifth Circuit.<br />

Requirements with OCR for Breaches at the<br />

upcoming Virtual<br />

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

HIPAA<br />

compliance<br />

Privacy and Security<br />

amidst COVID-19 presents new challenges<br />

for hospitals and healthcare providers. At top importance is the<br />

Summit 2021 on November 18.<br />

Summit!<br />

question of how to slow or stop the spread of COVID-19, while<br />

Trey received his Bachelor ensuring of Science and that Master your of organization stays compliant.<br />

Business degrees from Texas Tech University and his<br />

Juris Doctorate from Texas Now more Wesleyan than University ever, your School compliance department needs to have the<br />

of Law (now Texas necessary A&M University tools to School help of track, Law.) analyze, While and respond to compliance challenges.<br />

in law school, Trey To was help a member navigate of the arbitration process, we’ve gathered our best COVID-19 resources<br />

competition team as well below. as a student If you bar need association further assistance, please contact us here.<br />

representative. He also was a law clerk to the 106th<br />

District Court of the State of Texas. Trey has significant<br />

experience in healthcare law. This experience includes:<br />

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

VIEW TOOLKIT<br />

United States District Courts for the Northern, Southern,<br />

Eastern, and Western Districts of Texas. Trey is also<br />

licensed to practice before the United States Court of<br />

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

medical malpractice litigation, administrative and<br />

regulatory appeals and disputes, professional board<br />

matters, and overpayment disputes. Trey is licensed to<br />

practice law before Texas State Courts as well as the<br />

Contact Toll Free: 888-54-FIRST 9


OSHA, COVID and YOU<br />

– Where Are We NOW?<br />

Catherine Short<br />

Catherine Walters, Partner at Bybel Rutledge<br />

LLP will lead the presentation OSHA, COVID<br />

and YOU – Where Are We NOW? at the<br />

<strong>Healthcare</strong> <strong>Compliance</strong> Symposium <strong>2022</strong> on<br />

<strong>April</strong> 28, <strong>2022</strong>.<br />

Catherine E. Walters provides exclusive managementside<br />

labor and employment services for employers<br />

of all sizes, including privately and publicly held<br />

companies, government contractors, institutions<br />

of higher education, health care providers, trade<br />

associations and other non-profit organizations.<br />

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

financial and banking, manufacturing, defense<br />

contracting, education, health care, professional<br />

services, insurance, construction, technology, retail,<br />

real estate, transportation, restaurant and hospitality.<br />

Catherine’s extensive experience and collaborative<br />

skills enable her to partner with her clients to develop<br />

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

legal challenges.<br />

She focuses on identifying current and emerging<br />

trends in order to provide clients with proactive legal<br />

advice aimed at managing and preventing emerging<br />

risks.<br />

Her emphasis on<br />

strategic thinking and<br />

focused solutions<br />

enables her to provide<br />

employers with the<br />

sophisticated counsel<br />

that has become<br />

necessary in today’s<br />

complex business<br />

environment. Catherine regularly appears before<br />

federal and state courts and administrative agencies<br />

where she handles both employment and traditional<br />

labor matters.<br />

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

Symposium!<br />

10<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</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<br />

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

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

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

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

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

LEARN MORE<br />

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

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

Symposium<br />

<strong>April</strong> 28, <strong>2022</strong><br />

REGISTER NOW<br />

Contact Toll Free: 888-54-FIRST 11


Ethics and <strong>Compliance</strong> on the Road<br />

Catherine Short<br />

Kathleen W. McNicholas, MD, JD, CHC,<br />

CCEP, Consultant and Patient Advocate with<br />

Medical Legal Patient Advocacy Inc., will<br />

present Ethics and <strong>Compliance</strong> on the Road at<br />

the upcoming Virtual <strong>Healthcare</strong> <strong>Compliance</strong><br />

Symposium on <strong>April</strong> 28.<br />

Kathleen W. McNicholas, earned an MD from<br />

Jefferson Medical College magma cum laude and<br />

completed general surgery training at Columbia<br />

Presbyterian Medical Center and served as a surgical<br />

house officer in London at the Hospital for Sick<br />

Children, Great Ormond Street. She remained at<br />

CPMC for cardiothoracic training and chief residency<br />

then returned to GOS as a senior registrar in the<br />

cardiac unit. Dr. McNicholas was chief of pediatric<br />

cardiac surgery at Deborah Heart and Lung Center<br />

prior to starting the cardiac surgery program in<br />

Delaware.<br />

Seeking a hobby, she studied law at the Delaware<br />

Law School and earned a JD cum laude and an<br />

LLM in health law with honors. After retiring from<br />

clinical practice, she completed a fellowship in patient<br />

safety leadership and<br />

became the medical<br />

director of performance<br />

improvement and patient<br />

safety and lead the<br />

Just Culture program<br />

and CANDOR. Currently,<br />

Dr. McNicholas is a<br />

consultant and patient<br />

advocate.<br />

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

Symposium!<br />

12<br />

<strong>First</strong> <strong>Healthcare</strong> <strong>Compliance</strong>, LLC © <strong>2022</strong>


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<br />

substantial fines and penalties for noncompliance.<br />

Complex regulations and mandates<br />

make compliance management a necessity.<br />

<strong>Healthcare</strong> organizations particularly rely on the<br />

skills and attributes of their compliance officer<br />

to navigate the expansive regulatory framework.<br />

DOWNLOAD NOW<br />

Contact Toll Free: 888-54-FIRST 13


hosted by Catherine Short<br />

Catherine Short speaks with Catherine Walters, partner at BYBEL RUTLEDGE LLP, where she is a<br />

management-side labor and employment attorney representing employers of all sizes, on the topic of<br />

“Employment and Labor Law Digest.” This program will provide a quick update of 2021’s most important<br />

developments and forecast what employers can expect in <strong>2022</strong>. We will update employers and human<br />

resources on recent employment and labor law developments, discuss specific hot topics of interest to<br />

employers and human resources professionals, and provide ideas regarding anticipated changes in the labor<br />

and employment law arena in <strong>2022</strong>.<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>2022</strong>


WORD SEARCH<br />

W F R C J I L Z X V T E L E H E A L T H<br />

B Z P R O F E S S I O N A L S E V F C E<br />

X C C J G E J V L H T N E M T R A P E D<br />

G Y W H K C O X J F H Q Q X W N M M R S<br />

E T Z J T N I X H B T O H X E Y D L T A<br />

M N P X T A B B J G Z Z S G C K S D N Q<br />

U E M D Q I D M J S Y M P O S I U M E F<br />

R M W O G L X K O H D Y M V D P M Y M Z<br />

I E Z C Q P N W O K N P Q E R P Z R E Z<br />

S G Z T L M W I I R R T J R P W H K S I<br />

K A O O D O P Y B E V U V N D J L N R C<br />

R N S R N C H H H R W J D M F E Z Y U V<br />

P A R N J X Y E S G B B V E S E X H B T<br />

H M G S T W N M T F A D M N W X H N M A<br />

M B Z B T S A C E R O F T T C C U N I U<br />

N W D B I R E R A C H T L A E H P Y E U<br />

L U T V G V U K Y E F C Z Q W R X L R I<br />

Q O E O Y U D N P H S E R U S A E M H G<br />

O E R Z A K C H A L L E N G E S W Y V P<br />

C P Z O J T E E N M U G J R W H U S M B<br />

HEALTHCARE<br />

COMPREHENSIVE<br />

MANAGEMENT<br />

REIMBURSEMENT<br />

PROGRAM<br />

TELEHEALTH<br />

COMPLIANCE<br />

FORECAST<br />

CHALLENGES<br />

SYMPOSIUM<br />

DOCTOR<br />

GOVERNMENT<br />

PROFESSIONALS<br />

DEPARTMENT<br />

RISK<br />

Contact Toll Free: 888-54-FIRST 15


Upcoming and On-Demand Webinars<br />

Training<br />

APR 28, <strong>2022</strong> Virtual <strong>Healthcare</strong> <strong>Compliance</strong> Symposium <strong>2022</strong><br />

Register<br />

MAY 11, <strong>2022</strong><br />

ON DEMAND<br />

ON DEMAND<br />

How to Prevent Employee Snooping and Insider Threats<br />

DMEPOS - CMS <strong>Compliance</strong> and Requirements Updates<br />

Under Pressure: Reporting Requirements with OCR for<br />

Breaches<br />

Register<br />

All Upcoming Webinars<br />

All On Demand Webinars<br />

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

contact Client Services if you require additional<br />

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

change in contact information.<br />

NEW FEATURES!<br />

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

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Testing - Additional fields have been<br />

added to assist you with tracking<br />

COVID vaccination and COVID Testing. Contact Client<br />

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would like to turn COVID alerting off.<br />

Training Zone - Employee Activated Status has been<br />

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CLIENT<br />

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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>2022</strong>

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