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