Ways of developing and maintain compliant IRB policies and procedures

It is imperative for any organization that is carrying out clinical research to have in place thoroughly and properly written and complete policies and procedures. These are the cornerstone for any well-functioning Institutional Review Board (IRB) and Human Research Protection Program (HRPP).

This is a requirement set out by the Office for Human Research Protections (OHRP), which is tasked with protecting the rights, welfare, and wellbeing of human subjects that are involved in research conducted or supported by the U.S. Department of Health and Human Services (HHS). OHRP is part of the Office of the Assistant Secretary for Health in the Office of the Secretary of HHS.

SOPs should be complete, compliant and up-to-date

Any IRB or HRPP has to have Standard Operating Procedures (SOPs) that are well-defined, clear and in compliance with regulatory requirements. These HRPP policies and procedures should be complete, approved, and up-to-date, and should cover all regulatory requirements.

Most often, organizations carrying out clinical studies falter at meeting these requirements. This happens due to insufficient knowledge of carrying out these procedures in accordance with regulatory requirements.

Learn the ways of getting IRB and HRPP requirements right

A webinar from MentorHealth, a leading provider of professional trainings for the healthcare industry, will offer learning on how to get the IRB and HRPP requirements right.

The speaker at this webinar, Peter Vasilenko, who is the President of his HRPP/IRB consulting company, Apex Ethical Services, LLC, will explain the proper ways by which to write SOPs that meet regulatory requirements, are clear and concise. In order to gain this understanding, all that you need to do is enroll for this webinar, which you can do by visiting

http://www.mentorhealth.com/control/w_product/~product_id=800972LIVE/?Wordpress-SEO

At this webinar, the speaker will explain regulatory requirements and the required guidance on written materials. He will also show how HRPP accreditation Standards can help with writing complete SOPs. He will also show how to include best practices. Peter will describe what SOP’s organizations should have in place based on their type of research, and the format and content of SOP’s.

Also covered is why SOPs should be periodically reviewed and revised, as well as how to use SOPs for IRB education. This session is of high value to professionals who develop or are developing their SOP’s, or are interested in reviewing and improving their existing SOPs, such as IRB personnel who are developing their IRB and HRPP policies and procedures, IRB personnel who want to review and improve their IRB and HRPP SOP’s to ensure regulatory compliance and comprehensive content, Institutional Officials, IRB Managers, IRB Administrators, IRB Coordinators and RB Chairs.

Peter will cover the following areas at this webinar:

• Regulatory requirements and guidance
• How accreditation Standards can help with your SOP’s
• What SOP’s should you have
• Format and content of SOP’s
• Periodic review and revision of SOP’s
• Using SOP’s for education.

Compliance requirements for Medicare Parts C and D sponsors and FDRs

Medicare, a US federal government program whose aim is to provide healthcare to senior citizens and other people who qualify for this program, covers some 56 million Americans. With the cost of healthcare rising exponentially and with 300,000 of the previous generation of Americans, the Baby Boomers, reaching 65 years of age every month, the need for a federal program that addresses the medical needs of these people has gone up.

The Centers for Medicare and Medicaid Services (CMS) has compliance requirements for Medicare Parts C and D sponsors. In simple terms, health plans are Medicare Parts C and D sponsors. Medicare Part C, called Medicare Advantage Plans, is a set of plans offered by private insurance companies which have signed contracts with the federal government.

Medicare Part D is also a prescription drug coverage that came into effect in 2006. Like Medicare Part C, Part D is also managed by private insurance companies, but these should comply with standard guidelines the federal government sets forth. Different medications are offered by each of these plans. No single plan has all kinds of medications under it.

General Compliance and Fraud, Waste and Abuse Training for all of its First-tier, Downstream and Related-entities (FDRs) parts by Parts C and D sponsors is a requirement from the CMS. This has to be done within 90 days of hiring a Part C and D sponsor, and annually after that.

The need for compliance

The CMS attaches high importance to compliance because being compliant is in everyone’s interest. A culture of compliance with the regulatory requirements comes with major advantages.

Firstly, it rules out noncompliance, which can upset the whole process. Secondly, it identifies noncompliance, and thirdly, it rectifies noncompliance. Noncompliance is a deadly sin that delays services, causes difficulty in the use and application of the relevant services by the beneficiaries, denies them benefits and creates obstacles to receiving care.

Get to understand the dynamics of CMS compliance requirements for Medicare Parts C & D sponsors

MentorHealth, a leading provider of professional trainings for the healthcare industry, will be organizing a webinar on the details of CMS compliance requirements for Medicare Parts C & D sponsors.

At this webinar, Gail Madison Brown, who is a registered nurse and an attorney with over 25 years of experience in healthcare, will be the speaker. To understand the whole gamut of Medicare Parts C and D compliance requirements, as well as to get a grasp of the responsibilities of the sponsor FDR Entities; please register for this webinar by visiting

http://www.mentorhealth.com/control/w_product/~product_id=800964LIVE/?Wordpress-SEO

All aspects of Medicare Parts C and D compliance and FDR

At this session, Gail will discuss best practices for meeting all criteria, and how FDR’s need to document and share them with their sponsors. She will discuss the implications of non-compliance with the CMS requirements, and offer advice on how to be proactive while negotiating compliance requirements for managed care agreements.

Gail will impart an understanding of Medicare Part C & D compliance requirements for sponsors and FDR’s, with the help of which, participants will be able to assess whether their compliance program meets Medicare Managed Care Contract requirements. Important people in charge of Medicare Parts C and D compliance and FDR, such as Credentialing Personnel, Contracts Personnel, Business Office, Compliance Officers and Compliance Staff, will benefit from this course.

At this session, the following areas will be covered:

• Discuss Medicare Part C & D managed care compliance requirements for “1st Tier, Downstream and Related Entities” and how to comply with them
• Discuss potential consequences of non-compliance
• Discuss negotiating the compliance program requirements with your managed care contractors.

Cosmetic injections vs. topical creams

Cosmetic injections vs. topical creams is an interesting debate, because both kinds of cosmetic aids come with their unique set of advantages and disadvantages, not to speak of actual detriment they cause in some people. Any user who has to decide which of these to use has to keep in mind the fact that they are both different in their uses and application. Each is suited for different or certain purposes better than the other, based on the patient’s need and situation.

The cosmetic injections vs. topical creams issue can be invigorated for certain specific treatments. For wrinkles, for example, some injectables offer temporary relief for under eye discoloration and dark circles, as they temporarily stretch the wrinkled or wrinkle-causing muscles. Topical creams may not be ideal for conditions such as this. On the other hand, however, topical creams are better at treating certain kinds of skin issues like collagen rejuvenation.

Cosmetic injections vs. topical creams: Pros and cons

Injections come with both pluses and minuses. While the positive is that they give immediate results; the high cost associated with them turns many people off them. Injections are also sources of much discomfort, although the development of microneedles has somewhat mitigated this factor. Many people do not tolerate cosmetic injections, especially those that are administered in the facial area.

Extending the cosmetic injections vs. topical creams, one can mention the relative lack of efficacy of topical creams. They are seldom as effective as cosmetic injections in a number of areas, although they are nowhere near being as expensive or uncomfortable as cosmetic injections. Also, traditionally, topical creams were known to be time-consuming compared to cosmetic injections. However, newer topical polypeptides have been reducing the gap in working time for creams.

Cosmetic injections vs. topical creams and their mode of delivery

Injections like Botox usually last up to three months once they are injected, whereas topical creams need to be applied daily or more frequently.

In the case of cosmetic injections, needles are used to directly inject actives into the site of action, delivering the exact medication doses to the most affected part, making it a lot more efficient.

By contrast, if topicals have to penetrate the stratum corneum and deliver the actives efficiently; they have to be formulated with specialized delivery systems. So, a dermatologist or cosmetic specialist has to first understand the mechanism of biological action first before tailoring the formula based on the needs of the patent. In many cases, cosmetic creams are effective when administered in conjunction with injections for several common cosmetic conditions.

Let us stretch the cosmetic injections vs. topical creams topic a little more. Hyaluronic acid, collagen and Botox are currently the most popular cosmetic injection treatments. These are some of the unique characteristics of each of these:

• Hyaluronic acid, because of its ability to absorb about 1000 times its weight of water, is good for plumping of lips
• Collagen is effective as a filler and gives elasticity to skin that is starved of collagen, something that increases with age
• Botox is effective for facial wrinkles, particularly “expression” wrinkles.

Get insights into the cosmetic injections vs. topical creams issue

Want to know the complete dynamics of the cosmetic injections vs. topical creams issue? A webinar from MentorHealth, a leading provider of professional trainings for the healthcare industry, will offer expert perspective on this cosmetic injections vs. topical creams debate.

At this webinar, Dr. Robert J Verdicchio, an industrial scientist and formulator with more than fifty years of experience in chemical specialties with a specialization in healthcare and beauty aids, will be the speaker. In order to understand the cosmetic injections vs. topical creams topic better, please register for this webinar by visiting

http://www.mentorhealth.com/control/w_product/~product_id=800945LIVE?/Wordpress-SEO

At this webinar, which will be highly beneficial for people and professionals related to cosmetic injections and topical creams, such as consumers, scientists, cosmetic managers, entrepreneurs and dermatologists, Dr. Verdicchio will cover all the aspects relating to the cosmetic injections vs. topical creams topic. He will explain the Botox mechanism with an example.

Dr. Verdicchio will cover the following areas at this webinar on cosmetic injections vs. topical creams:

• Overview of current cosmetic treatments with injectables
• Conditions commonly treated
• Common ingredients used for injectables
• Time for perceived effects and duration of treatments
• Formulation challenges for topical treatment
• Botox injections versus Botox in a bottle and cost/performance
• Summary of comparisons.

Responding to the special needs of college students with autism

College students with autism spectrum disorder (ASD), or just autism, have their own peculiar challenges. When they enter college, they face their own issues, because they need to be understood for the uniqueness they bring. This calls for a very wide understanding of college students with autism on the part of other students and other people in the college.

As the number of students attending university is increasing, those with autism are also enrolling in large numbers for colleges across the US. Around 50,000 youths with autism enter the age of 18 every year, out of whom just over a third go on to attend university. This means that Americans universities are dealing the college students with autism in the thousands every year.

Sensitization is very important

Given the unique nature of the condition, universities need to sensitize their students and other administrative and other persons with the nature of autism and the emotional and psychological needs and wants of college students with autism. Other students who come across college students with autism and with whom they have to interact on a consistent basis need to understand the special needs of this segment of students.

Research has shown that one of the areas in which college students with autism struggle is in “fitting in”. Mingling with students and talking and comprehending at their wavelength is quite a challenge for college students with autism. This leads to further levels of difficulty in finding jobs and building a successful career.

A lot of commitment, education and training, as well as an in-depth and operational understanding of the special needs of college students with autism is needed if they have to be imparted the kind of quality education that helps them integrate into the mainstream and find career opportunities.

An important educative session on accepting and interacting with college students with autism

A very major and valuable educative webinar from MentorHealth, a leading provider of professional trainings for the healthcare industry, will throw light on this highly important topic of college students with autism. At this session, Aaron Hughey, who is a Professor in the Department of Counseling and Student Affairs at Western Kentucky University, will be the speaker.

To gain the critical learning needed for understanding the special needs of college students with autism, please register for this webinar by visiting

http://www.mentorhealth.com/control/w_product/~product_id=800961LIVE?/Wordpress-SEO

Evidence-based best practices

At this highly important session on college students with autism, the speaker will describe evidence-based best practices for ensuring that students with ASD transition to college successfully and derive the best out of their educational experience. He will explain what needs to be done by centers of higher learning at every possible outlet in which students interact with college students with autism, be it the classroom or the residence hall, or the dining facilities or the athletic venues. He will offer learning about how college students with autism are accepted and can fit in into the overall campus community.

At this highly valuable session on college students with autism, the speaker will cover the following areas:

• Characteristics of College Students with Autism Spectrum Disorder (ASD)
• Ethical and Legal Obligations
• Teaching Strategies
• Coping Strategies
• Interaction Strategies
• Social Integration
• Potential Student Discipline Issue and Solutions
• Reasonable Accommodations
• Promoting Self-Management
• Campus Resources (including Counseling Services)
• Keeping Everyone on the Same Page.

The criticality of medical necessity to coding

Medical necessity is often the difference between an allowed and a disallowed medical claim. This sums up the criticality of medical necessity. In the absence of a clearly mentioned cause of medical necessity, a claim is not likely to get approved. Why is this so? It is because a medical necessity is the decider in helping to determine why a certain medical service was needed. The most important rule for allowing medical claims is that there must have been a medical necessity for a procedure or treatment, and there should be no mismatch between the diagnosis and the procedure.

Often, coders make mistakes in not writing the right code. A wrongly entered code can be a reason for which a medical claim is denied. While mentioning the wrong diagnosis and treatment is a solid reason for the denial of a medical claim; the role of wrong coding is no less impactful. A patient may have come to have a broken rib sustained at an accident repaired, and the same accident may have also resulted in an elbow injury. When a wrong code for diagnosis is entered, then there is every chance that the claim for one of these injuries will get rejected.

The world of coding is quite complex. The ICD-10 has many complex codes, understanding of each of which in all its depth is absolutely necessary. Many a time, a coder could make an assumption about the diagnosis, the result of which is the wrong diagnosis code is entered. This may be a mistake on the part of the coder, but it is the responsivity of the patient to verify this, because the onus of ensuring this lies with the patient.

Learn more about how to get medical necessity coding right

A webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry, will offer valuable insights into how to avoid the costly errors of entering the wrong diagnosis code, which will go a long way in resulting in a claim denial.

At this webinar, Laura Hargraves, a senior professional in the field of healthcare, bringing about three decades of experience, will be the speaker. Interested in gaining sharper insights into the areas of medical necessity in coding? Then, please register for this webinar, by visiting

http://www.mentorhealth.com/control/w_product/~product_id=800949LIVE/?Wordpress-SEO

The OIG has been increasing its oversight

Of late, the Office of the Inspector General (OIG) has been carrying out audits with renewed vigor to determine if there has been any misuse of healthcare funding. Among the areas it has been focusing on are Hospitals, Skilled Nursing facilities and Home Health Care, where it wants to investigate if admissions and readmissions, and stay at such facilities for treatment were really warranted. It has found many cases of improper or unconvincing documentation of Medical Necessity. In such cases, Managed Care companies will deny coverage. A medical organization that does not show proper evidence in the form of documentation risks losing payment or reclamation of payment.

Documentation is the soul of medical necessity

At this webinar, Laura will offer show to participants how they can give the information they need for supporting their documentation efforts, which really is the heart of demonstration of medical necessity of services.

At this webinar, she will discuss an often overlooked area: The significance of the medical coding from Hospitalization to Home Care and the skilled nursing facility between. With the new coding guidelines for ICD-10 kicking in, knowing how to put documentation to the right use is of vital importance. This is because of the reason mentioned earlier, that of the need to match and document the services offered with the correct coding. Laura will give an understanding of how to do this important task.

Closer scrutiny

She will do this by looking at how the staff completes documentation, at the wording used, and what kind of supportive documentation is got from all departments. A close scrutiny of these items will help to understand and focus on the weak areas of documentation and continue to improve in areas that are functional but not optimal.

It is only when Medical Necessity is demonstrated that services are optimized. The way to reduce the risk of being denied claims is to ensure that departments’ documentation is supportive of the medical necessity of the services being provided.

At this webinar, Laura will cover the following areas:

• How is Medical Necessity Defined?
• Documentation needed to demonstrate Medical Necessity
• Rational behind documentation supporting coding
• Necessity for documentation to show progression of medical changes
• Interdepartmental documentation to show medical need for services.

Diligence is required while entering into Physician Employment Agreements

Physician Employment Agreements are an important kind of contract between a physician and the healthcare setting that employs her. The Physician Employment Agreements spell out the nature of employment relationship between the two. Because of this reason, the Physician Employment Agreement has to be well thought about and carefully scrutinized. It should be free from the use of any wording that is ambiguous.

The basis for any legal relationship between parties has to be formal written contracts. A clearly written Physician Employment Agreement not only establishes the legal relationship between the healthcare setting and the physician; it also clearly states the terms and conditions of the relationship. It also spells out the rights and obligations of each party. Even as a Physician Employment Agreement endorses the intentions and relationships of the parties that enter into this relationship; it clears the uncertainties in areas such as mutual rights, obligations, and relationships.

Clarity is of the essence

If the parties to the Physician Employment Agreement stick to everything contained in the agreement at the time it was signed and abide by it in letter and spirit, the need for formal documents would hardly be felt. This explains why there is a need for Physician Employment Agreements that are drafted clearly, comprehensively and unambiguously.

Such a Physician Employment Agreement has an important role in protecting against disputes that could arise in the future. The language in a Physician Employment Agreement should thus be very precise and accurate and never vague, which would leave the agreement vulnerable to all kinds of interpretations.

Get to understand the nature of Physician Employment Agreements

William Mack Copeland, president of Executive & Managerial Development Group, will be the speaker at a webinar that MentorHealth, a leading provider of professional trainings for the healthcare industry, is organizing. The objective of this webinar is to clear the lack of clarity that could sometimes seep into a Physician Employment Agreement, making it susceptible to becoming a bone of legal contention.

To understand the nitty-gritty of Physician Employment Agreement, please register for this webinar by logging on to

http://www.mentorhealth.com/control/w_product/~product_id=800952?/Wordpress

What to include and what to exclude

At this webinar, William will offer clarity on a number of important elements of the Physician Employment Agreement. He will explain what needs to go and what does not need to go into a Physician Employment Agreement. He will help participants understand and avoid vague and interpretative terms in Physician Employment Agreements, because these serve no purpose when disputes over the meaning of a party’s rights or obligations arise.

The speaker of this webinar on Physician Employment Agreement will review the various elements of the physician employment agreement. He will focus on the pitfalls and the problems that can develop when the Physician Employment Agreement does not offer a clearly comprehensible definition of the relationship, and/or when the parties fail to get a clear and full understanding of what is being agreed to.

Professionals in the healthcare industry, to whom Physician Employment Agreements are crucial, such as Physicians, Healthcare executives, and Physician practice managers will derive huge benefit from this learning session.

At this session, William will cover the following areas:

• Corporate practice of medicine
• Term and termination
• Termination for Cause
• Severance pay
• Provision allowing physician to terminate for cause
• Severance pay
• Duties of the physician
• Standards for the provision of professional services
• Referral to hospital
• Continuing medical education.

 

Patient rights to access to their medical records under HIPAA

Patient rights to access to their medical records are a major part of HIPAA. One of the highlights of the Health Insurance Portability and Accountability Act (HIPAA) of 1996, which was created to ensure continuity in the health insurance protection of employees who lose jobs or are in the process of changing them, is the ease of access it gives to patients of their health information.

The rationale for allowing patient rights to access to their medical records under HIPAA is that it should help them manage their conditions better. They can carry out or contribute to a number of useful activities such as:

• Being able to better monitor their present or past chronic conditions
• Complying with the treatment courses and plans being carried out
• Detecting and correcting inaccuracies and blunders in their health records
• Being able to monitor the progress they make in disease or wellness management programs
• Being able to directly contribute to health research by sharing their health information with genuine users.

To empower patients

The HHS believes that the idea of equipping patients with rights to access their medical records under the HIPAA is to place them “in the driver’s seat” and make the whole health system patient-friendly. Another rationale for giving patients rights to access their medical records under HIPAA is that it wants patients to fully utilize the technologies that have gone into the healthcare records system.

At the heart of patient rights to access to their medical records under HIPAA is the ability given to patients to obtain a copy of their medical information. This right sits at the core of an assortment of rights given to patients to access their medical records under HIPAA. This is the General Right given to patients that requires Covered Entities and to hand over a copy, upon request, of the patient’s Protected Health Information (PHI) in one or more “designated record sets” maintained by the Covered Entity or a Business Associate on its behalf.

Unfettered General Right

Patient rights to access to their medical records under HIPAA requires the Covered Entity or Business Associate to provide PHI to the patient, when requested, irrespective of when the record was created, the form of the record, viz., electronic or paper, and the source of the record, i.e., the patient, the Covered Entity, or another provider.

The whole aspect of patient rights to access to their medical records under HIPAA needs to be fully grasped if the healthcare provider has to avoid causing a breach. A breach, as we know, is taken very seriously by the HHS. It attracts heavy penalties. It is not just advisable, but mandatory for them to have complete knowledge of patient rights to access to their medical records under HIPAA.

A thorough learning on patient rights to access to their medical records under HIPAA

The ways of understanding and ensuring patient rights to access to their medical records under HIPAA will be the topic of a webinar that is being organized by MentorHealth, a provider of professional trainings for the healthcare industry. This webinar will have Jay Hodes, president of Colington Security Consulting, LLC, which provides HIPAA consulting services for healthcare providers and Business Associates, as speaker.

Registering for this webinar at http://www.mentorhealth.com/control/w_product/~product_id=800901/?Wordpress

will give a proper understanding of patient rights to access to their medical records under HIPAA. Jay will give a proper grasp of patient rights to access to their medical records under the Privacy Rule of the HIPAA. This thorough information is very vital for organizations whose job entails maintaining, creating, transmitting or storing PHI.

At this session, Jay Hodes will cover the following areas:

• Why was HIPAA created?
• Who Must Comply with HIPAA Requirements?
• What is the HIPAA Privacy Rule?
• What is Protected Health Information?
• What are Permitted and Authorized Disclosures?
• What are Rights do Patients have under HIPAA?
• What is a HIPAA data breach and what happens if it occurs?
• What are the penalties and fines for non-compliance and how to avoid them?

OSHA’s New Silica Rule

Occupational Safety and Health Administration (OSHA), which is the federal agency entrusted with promulgating and enforcing legislation pertaining to safety and health at the workplace; has regulations to this effect for the various areas in which it works.

OSHA’s new Silica Rule is part of its efforts at preventing the many diseases to which workers whose workplaces expose them to respirable crystalline silica for long durations. Some of the common health issues to which workers in industries that use respirable crystalline silica include lung cancer, silicosis, kidney disease and chronic obstructive pulmonary disease.

Aimed at strengthening preventive measures

OSHA’s new Silica Rule is a detailed standard that lists out elaborate safety standards that need to be implemented in order to limit the damage caused by exposure to these materials for those working in this industry. The new Silica Rule has regulations that are divided into two standards, namely one for the construction industry and the other for maritime and general industry. This new Silica Rule is applicable to well over two million workers who are exposed to respirable crystalline silica in the course of their work life.

 

OSHA’s new Silica Rule is aimed at the nearly two million workers in the construction industry who are involved in work such as drilling, cutting, crushing or grinding materials such as concrete and stone, which contain silica, and nearly 300,000 workers who are involved in general industry work, such as foundries, brick manufacturing and fracking.

New regulations impact the industries that expose employees to respire crystalline silica

For years, the standard step taken for protection of these employees has been the use of equipment such as a vacuum system or using water to control dust. This industry will be under a new set of regulations that have come into effect from March 2016. Employers in industries that use respire crystalline silica in their work will have be thorough with the regulations set out in this new standard.

How do employers understand the ways in which the new OSHA Silica Rule differs from the one in the past? How do they understand how to implement the new changes suggested in this regulation? These and other related areas will be discussed at a webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry.

At this webinar, which is focused on the new OSHA Silica Rule, Michael J. Aust, Senior Safety Specialist at 1030 Communications, LLC and has a Master of Science in Occupational Safety, Health and Environmental Management and is a Certified Environmental Compliance Manager #5678, will be the speaker.

In order to understand the way in which the new OSHA Silica Rule works and to get a grasp of how to implement the new changes into the relevant workplace, please register for this webinar by logging on to

http://www.mentorhealth.com/control/w_product/~product_id=800951?/Wordpress

All areas of the new OSHA Silica Rule

At this webinar, Michael will explain the impact of the new OSHA Silica Rule on employers in sectors that are affected by it. He will discuss the standard and will explain how workplaces get affected by the elements of this new OSHA Silica Rule. An area of relevance and importance is the set of requirements of the new rule. These include:

• Permissible Exposure Limit
• Medical surveillance
• Engineering controls
• Administrative procedures that are required for these sections.

Michael will also explain the deadlines for compliance of each of these. He will cover the following areas at this session:

• Key Provisions of the new OSHA Silica Rule
• Sampling methods required by the new law
• Medical surveillance required by the new OSHA Silica Rule
• Elements of an Exposure Control Plan (ECP)
• Regulatory compliance dates for specific industries.

Avoiding amorous relationships in a healthcare setting

Avoiding amorous relationships in a healthcare setting is of crucial importance in the healthcare industry if the reputation of the healthcare provider has to remain intact. People in senior positions in the medical profession, such as faculty and supervisors exercise considerable authority and power over people that they supervise.

It is thus necessary for those in supervisory positions in a medical practice, clinic, hospital or university setting to show utmost constraint in their behavior towards those over whom they have supervisory responsibilities and avoid amorous relationships in a healthcare setting.

A clear definition of terms

Laws clearly prohibit medical faculty and staff, which include graduate assistants, in a healthcare setting, from having amorous relationships with students over whom they have supervisory responsibilities. A supervisory responsibility is one in which the person in this position teaches, evaluates, tutors, advocates, counsels and/or advises duties performed directly and currently.

This can be either inside the office or outside it, or the clinic or a hospital setting. Amorous relationships have to be avoided, whether the person with a supervisory responsibility is part of the faculty, or is a staff member or a graduate assistant, with respect to a medical, nursing or healthcare professional student.

Definition of tasks carried out by supervisory personnel

The activities that come under the purview of these responsibilities are clear-cut, so that care is taken for avoiding amorous relationships in a healthcare setting. Any of the staff that administers, provides or supervises of all academic, co-curricular or extra- curricular services and activities, opportunities, awards or benefits offered by or through the health entity or its personnel in their official capacity come under the ambit of those who need to be avoiding amorous relationships in a healthcare setting.

The most important reason for which employees who supervise, evaluate or in any other way directly affect the terms and conditions of the employment of their reportees have to avoid amorous relationships in a healthcare setting is that it is prohibited even in cases in which mutual consent is present, or appears to be present.

There are financial reasons for avoiding amorous relationships in a healthcare setting

Avoiding getting into and cultivating an amorous relationship in a healthcare setting is important for a number of reasons. Firstly, it fosters a climate of positivity and healthfulness in the medical practice or clinic or hospital, thus leading to increase in the productivity and morale of the employees.

Beyond this, avoiding amorous relationships in a healthcare setting is also important from a purely financial perspective, as the lawsuit figures from a January 2012 by Jury Verdict Research, Inc. show:

• The costs of jury awards for employment-practice liability cases has been going up consistently from the past nearly couple of decades
• From 1994 to 2000, the overall average jury award in discrimination cases was $150,000
• Sexual harassment complaints increased by nearly one and a half times between 1995 and 1998
• Just about half of all small businesses offer training to their staff on sexual harassment prevention, while three fourths of large companies do.

Learn the nature of the law to avoid amorous relationships in a healthcare setting

To get a clear understanding of the law that relates to avoiding amorous relationships in a healthcare setting and to avoid getting into legal complications, attend a webinar on this topic that is being organized by MentorHealth, a highly popular provider of professional trainings for the healthcare industry.

David Edward Marcinko, Founding Dean of the fiduciary focused CERTIFIED MEDICAL PLANNER® chartered designation education program and Professor and physician executive, will be the speaker at this webinar. To register for this session, please visit

http://www.mentorhealth.com/control/w_product/~product_id=800936/?Wordpress

At this session, David will cover the following areas:

• Consensual Amorous Relationships Defined
• Handling Patient Advances
• Signs of Flirtatious Behavior and Discouragement
• Sexual Harassment Defined
• Preferential Treatment
• Un Reasonable Interference with Performance
• Two-Pronged Test Approach
• Offensive Behavior
• Gender Based Animosity
• Same Sex Harassment
• Employer Liability
• Disciplinary Actions
• Tangible Employment Actions
• Punitive Damages
• Financial and Economic Costs.

Violations of ethical law by psychologists

Violations of ethical law by psychologists are a major topic for the society in general and the healthcare industry in particular because psychologists are a highly trained and skilled workforce in the medical profession. Since mental healthcare practitioners work in today’s diverse, fast-changing, multidisciplinary health care environment; this profession places a vast array of providers before the client seeking mental health services.

Violations of ethical law by psychologists are stated in detail by the American Psychological Association (APA), which formulated and issued the Ethical Principles of Psychologists and Code of Conduct in December 1992. This law sets out rules for professional ethical conduct by psychologists. The terms of violations of ethical law by psychologists are clearly laid out by this set of laws.

Shortly referred to as the Ethics Code; this law consists of six General Principles and several specific ethical standards. The rules laid out in these and other sections of the Ethics Code are enforced by members of the APA, although, given the subjective nature of these violations; a broad interpretation of these laws is called for based on the individual case.

Applies only to the psychologist’s practice

It is important to note that the Ethics Code is applicable purely to psychologists’ work-related activities. In other words, the Ethics Code covers only those activities of psychologists that constitute part of the psychologists’ professional or scientific functions or those that are of a psychological nature.

Some of the activities of the Ethics Code that come under the purview of violations of ethical law by psychologists include:

• Clinical or counseling practice
• Counseling related to education
• Developing assessment tools
• Carrying out assessments
• Administration
• Teaching
• Trainee supervision
• Social intervention
• Research
• Organizational consulting

Why this needs to be mentioned is that all these work-related activities are different from the totally private conduct that a psychologist undertakes. These private interactions and functions are outside the ambit of the Ethics Code, and hence do not come under violations of ethical law by psychologists.

Learn the finer aspects of violations of ethical law by psychologists

A complete understanding of the activities and other related aspects of violations of ethical law by psychologists needs to be made if one is to get a thorough hold of the intent and interpretation of this legislation. All these aspects of violations of ethical law by psychologists will be taken up in detail at a webinar that is being organized by MentorHealth, a highly popular provider of professional trainings for all the areas of regulatory compliance.

At this highly valuable and interesting session, Mark Brengelman, who is Attorney at Law at Hazelrigg and Cox LLP, an established law firm that traces its history to over one hundred years in Frankfort, Kentucky and is the founding presenter for “Navigating Ethics and Law for Mental Health Professionals”, a continuing education training approved by five Kentucky mental health licensure boards; will be the speaker.

To enroll for this lively session and get a complete understanding of how violations of ethical law by psychologists are treated by the APA and the other laws; register by logging on to

http://www.mentorhealth.com/control/w_product/~product_id=800928/?Wordpress

The different tenors of the law on violations of ethical law by psychologists

A few aspects related to violations of ethical law by psychologists need to be taken note of. For instance, a complaint given against a mental health practitioner of her alleged misconduct or ethical shortcomings is received and investigated by a State agency. The implication, spirit and applicability of these laws vary from one State to another, causing considerable confusion to the practitioner faced with having to handle and defend the action the State is bringing against her.

At this session, Mark will show how to navigate issues such as this. Participants will learn the ways of identifying and understanding the most common violations of law against psychologists. This gives the practitioner the opportunity to defend against actions by the State which may mar her career prospects.

This webinar on violations of ethical law by psychologists offers an objective, thorough review of the legal and ethical analysis of state licensure board complaints against psychologists.

The speaker will cover the following areas at this webinar:

• Sources of legal authority for the state to take disciplinary action against psychologists
• Administrative procedures applied to the process of disciplinary actions
• Due process standards for the psychologists
• Defenses to disciplinary action proceedings
• Review of the most common ethical and legal violations committed by psychologists
• Practice tips for successfully handling disciplinary action proceedings.

 

Physician Practice acquisitions under the new 2016 Stark Rules

Physician practice acquisitions have seen a humungous rise in the past few years, since the passage of the Affordable Care Act (ACA). A few factors have fueled physician practice acquisitions. Some of these are:

• Physician practice acquisitions offer healthcare providers more clinical consolidation and integration, as they help to align the business prospects of the referral networks to the hospital’s strategic goals.

• Declining reimbursement rates, at least for a few specialties, continue to decline, affecting the overall physician compensation. When physicians come under the protection of a bigger hospital brand, they have a little extra leeway in negotiating contract rates. Being under the aegis of a bigger, better branded hospital also ensures them the prospects of having a regular monthly pay, something that is almost impossible in private practice

• A few recent amendments to the Medicare and Medicaid reimbursement systems have been propelling providers towards bundled and integrated payments, which is something that hospitals with more physician practice acquisitions find favorable

• Physician practice acquisitions also help physicians across different age groups. Older physicians with several years of experience may see physician practice acquisitions as a means for augmenting and assuring an income stream, while younger physicians have the opportunity of getting a more favorable schedule, which can bring about greater work life balance.

While all these factors about physician practice acquisitions are very concrete ones that are playing out a major impact on the healthcare sector; physician practice acquisitions have to be negotiated. They are not something that is delivered on a plate to consume at one’s will, in the form supplied. A few major legislative and regulatory issues need to be taken into consideration while negotiating and signing physician practice acquisitions.

The Stark Law is a major component of physician practice acquisitions

The Stark Law, which governs a major aspect of healthcare practice, is a major one among these. Stark Law, legally referred to as The Physician Anti-Referral Law (known as Stark II), is a very important law concerning physician referrals. Any healthcare provider which files claims has to comply with the provisions of the Stark rules. Enforcement action ensues from lack of compliance.

Aimed at eliminating malpractices in the healthcare sector; the Stark Law is implemented in stages known as Stark II and Stark III. The Stark Laws classify particular physician actions as unlawful. This law underwent a few changes in 2016, which need to be taken into consideration while negotiating and signing physician practice acquisitions.

The recent substantial awards and settlements arising out of Stark Law enforcement actions have increased the need for complete compliance with the Stark Laws. From a number of important perspectives, more and more medical groups, hospitals, and health systems are moving towards integration and phasing out to more innovative hospital-physician arrangements. This makes it imperative for those who undertake physician practice acquisitions to put in place compensation arrangements that are defensible under the Stark Law.

Get to understand the heart of physician practice acquisitions under the Stark Law

What are the contents and the interpretations of the Stark Law that physician practices need to carefully analyze and scrutinize when dealing with physician practice acquisitions? The finer aspects of this law, along with other major legal considerations that need to go into physician practice acquisitions, will be the topic of a webinar that is being organized by MentorHealth, a highly valued provider of professional trainings for the healthcare industry.

At this webinar on physician practice acquisitions, Joseph Wolfe, an attorney with Hall, Render, Killian, Heath & Lyman, P.C., the largest health care focused law firm in the country; will offer guidance on physician practice acquisitions keeping compliance with the provisions of the Stark Law in mind. To enroll for this webinar, just log on to

http://www.mentorhealth.com/control/w_product/~product_id=800915/?WordPress

Wolfe will provide an overview of the Stark Law, including its 2016 changes. He will also explain best practices for negotiating and drafting physician practice acquisition arrangements on behalf of health systems, hospitals, medical groups and physician practices. He will traverse the important aspects of regulatory requirements, key provisions, valuation considerations and potential pitfalls that should be avoided when dealing with physician practice acquisitions.

Thorough assessment is necessary

Prior to making any kind of physician practice acquisition arrangement, both healthcare practices and physicians should very thoroughly and meticulously assess whether the proposed structure and financial terms are compliant with the Stark Law’s underlying technical requirements and key tenets of defensibility. This will help them defend themselves when this arrangement is challenged. Wolfe will discuss these as they apply to physician practice acquisitions.

Wolfe will cover the following areas at this session:

• Provide a general Stark Law overview
• Examine critical regulatory requirements related to physician practice acquisitions
• Discuss best practices for drafting purchase agreements and the related financial terms
• Discuss best practice for drafting post transactions service arrangements (e.g. employment, professional services, etc.) and the related financial terms
• Review processes for documenting fair market value and commercial reasonableness.

 

Ransomware and HIPAA risks are now closely hemmed together

Ransomware and HIPAA risks are now inseparable. After a lot of deliberation, ransomware has now become part of HIPAA compliance for Business Associates and Covered Entities that have to show HIPAA compliance. This became official on July 11, 2016, when the HHS issued a new guideline that makes ransomware attacks part of reportable HIPAA breaches.

Although players in the healthcare industry were strident in their thinking that ransomware and HIPAA risks should be kept separate; what precipitated this decision was the finding by the US interagency report, which suggested that in just one year from the middle of 2015, there has been a fourfold increase in the number of ransomware attacks, bringing the number of these attacks on Protected Health Information (PHI) to an alarming 4000 a day.

Ransomware and HIPAA risks have come together primarily for this reason, with the HIPAA’s new guideline seeking to suggest steps that need to be taken by Business Associates and Covered Entities to identify a ransomware attack and report it, thereby preventing the potential loss it causes to PHI.

First, a brief understanding of ransomware

Ransomware can be defined in simple terms as malicious software that is different from other kinds of malware. It differs fundamentally by attempting to deny access to a user’s data at the source. Ransomware hackers encrypt the data with a key that is known only to them, and release it only after a ransom is paid to them by the user. Ransomware and HIPAA risks have come together after the realization by the HHS about the dangers of this kind of malware.

Business Associates and Covered Entities are in for a jolt when HIPAA investigations relating to ransomware breaches find malpractices. It can ruin the said practice or business. If ransomware is detected, HIPAA considers it a serious breach of security. Such an entity is heavily penalized, and its reputation is at stake.

How are ransomware and HIPAA risks associated with each other?

The HHS, which is responsible for HIPAA implementation, has issued the new guidelines about ransomware and HIPAA risks.

These include:

• Taking measures to implement a security management process, of which carrying out a risk analysis that helps identify vulnerabilities and threats to the PHI and implementing steps to mitigate these are a part;
• Putting in place measures that detect and guard against malicious software;
• Helping to protect data by training users on malicious software about identifying and reporting these, and
• Putting in place access controls by which only designated personnel are authorized and permitted access.

These measures on ransomware and HIPAA risks sit along with the existing Security Rule of the HIPAA, which has its own set of steps and rules that need to be taken to protect data privacy.

How do steps for checking ransomware and HIPAA risks need to be implemented?

The important steps needed for checking ransomware and HIPAA risks are suggested above, but one needs professional help in order to implement the right steps for identifying and containing ransomware and HIPAA risks.

The exact ways of doing this will be the content of a webinar that MentorHealth, a leading provider of professional trainings for all the areas of regulatory compliance, is organizing.

Brian L Tuttle, who is a Certified Professional in Health IT (CPHIT), Certified HIPAA Professional (CHP) and Certified Business Resilience Auditor (CBRA) with over 15 years’ experience in Health IT and Compliance Consulting, will be the speaker at this webinar. To understand how to prevent your practice from being hauled up by HIPAA or being sued for class action in the case of a large breach; register for this webinar by visiting

The proven and established means of protecting businesses and practices from ransomware attacks and breaches and from HIPAA actions will be discussed threadbare at this webinar.

An understanding of the risk factors

During the course of this webinar, Brian will also explain what the highest risk factors for being sued for wrongful disclosures of PHI are, and the manner in which patients are now using state laws to sue for wrongful disclosures. He will also delve into specific information about multiple incidents, which will help practices and businesses understand what they did wrong that led to a HIPAA risk of ransomware.

Apart from offering an explanation of the variables that need to be considered; Brian will also discuss specific questions the Office of Civil Rights investigators and FBI are likely ask and the ways of giving them the best answer. This very valuable session on ransomware and HIPAA risks will educate participants on the ways of preventing a breach altogether.

Brian will cover the following areas at this webinar:

• What is ransomware?
• What are risk factors?
• What to do if hijacked
• Audit Process
• What can cause an audit
• How to avoid these issues altogether
• What to do in the event of an audit
• How to speak and deal with Federal auditors
• Risk Assessment
• Best resources

Healthcare systems implementation is about selecting the right method

Healthcare systems implementation is a challenge, even for the most proficient of technicians. Given the complex nature of healthcare systems implementation; anything can go wrong with anything at any time for any reason. A great deal of time, effort and investment goes into getting the healthcare systems implementation right or implementing the right one, no matter what the size of the healthcare organization implementing it.

Yet, despite the complexities and difficulties associated with healthcare systems implementation, there is a silver lining. It is that choosing the right tools and processes can be a great foundation for healthcare systems implementation. The use of the right tools and processes will help the healthcare organization grease its systems, whereas opting for an unsuited healthcare systems implementation or not implementing a computer system rightly leads to turmoil, throwing the whole range of systems and networks into chaos.

Healthcare systems implementation is all about choosing the right tools and processes

A healthcare organization that adapts the right tools and processes is sure to get its healthcare systems implementation right. But how does it do this? This is the learning a webinar from MentorHealth, a leading provider of professional trainings in the healthcare industry, will offer.

Jim Wener, a very senior, respected automation expert in the healthcare sector, who has spent over four decades in the healthcare field, will describe the optimal methods of implementing healthcare systems that healthcare organizations can adapt for delivering better healthcare outcomes.

http://www.mentorhealth.com/control/w_product/~product_id=800941?Wordpress-SEO

Step-by-step approach to healthcare systems implementation

At this webinar, Jim will explain all the aspects of healthcare systems implementation. He will describe how to choose and implement tools and processes that ensure smooth healthcare systems implementation. These have been accumulated over the forty years he has spent in the industry.

The steps needed for the right healthcare systems implementation will be a core component of this learning. Jim will suggest simple and effective steps, following which, healthcare systems implementation can go ahead smoothly. Importantly, he will explain the logic behind these steps, which when understood, will lead to the right actions.

Understanding and overcoming problems in healthcare systems implementation

It is to be understood that every project has problems. These could range from difficulties in the system performing as expected, or conflicts between management, provider staff and the internal IT team, and/or the vendor ability to complete their tasks.

Or, these can happen because the staff does not devote the required amounts of time for healthcare systems implementation owing to factors such as being unable to meet the demands of daily responsibilities, the lack of training or skill sets needed for the implementation or conflicts in resource allocation.  Jim will show how to anticipate and solve these problems before they get out of hand.

One should be realistic in one’s expectations

Jim will also explain how the healthcare provider should be realistic in its expectations as regards the outcome of the implementation. Healthcare systems implementation should be carried out keeping these in mind. This calls for a project-like approach to healthcare systems implementation, which Jim will discuss.

Another core aspect of healthcare systems implementation is planning. It is at the root of the whole exercise. Jim will explain the centrality of planning to healthcare systems implementation and ways of preparing the plan. It needs to be borne in mind that the project plan is an ever changing document. Healthcare systems implementation is not merely about developing and managing the plan, but using the plan as a basis or tool for successful healthcare systems implementation to realize the final goal.

Monitoring the progress is another important aspect

Other aspects of healthcare systems implementation include monitoring the progress of the project and how to respond when there is a deviation from the plan. This webinar will show how to identify and address the deviations in healthcare systems implementation plan and how to get the whole process back on track.

Drafting and signing the Electronic Health Record license agreement requires utmost diligence

When drafting and signing the Electronic Health Record (EHR) license agreement; total diligence is of the essence, since the Electronic Health Record license agreement is a vital document, both for physician practices that have just entered the EHR arena, as well as for practices that transition to a new EHR software package.

Important factors to look for in an Electronic Health Record license agreement

An EHR license agreement, the pillar of the relationship between the vendor and the practice; is expensive to buy and maintain. This Electronic Health Record license agreement defines the relationship between the two parties, because of which a lot of careful consideration has to go before entering into and signing one.

A practice that is in the process of entering into an Electronic Health Record license agreement needs to look for at least these three core points: 1. What is it that the practice is buying? 2. What is the nature and scope of the practice’s and the vendor’s duties and responsibilities? 3. The ways of getting out of the contract, i.e., how flexibly can the Electronic Health Record license agreement be terminated?

The Electronic Health Record license agreement has to be clear and should not be ambiguous, leaving scope for varied interpretation of many aspects of the agreement. The Electronic Health Record license agreement needs to have a completely clear definition of these core areas:

1. Scope
2. Support
3. Disclaimers relating to liabilities and warranties
4. Ending of the contract

 

Components that need to go into an Electronic Health Record license agreement

The Electronic Health Record license agreement should ideally state and clear issues such as:

• Whether and how often the vendor may make online portions of the software unavailable for maintenance or other issues
• How many people may use the software and on how many machines the software may be installed, if it has an offline component
• The kind of technical support the vendor will provide
• Whether the vendor will use data entered by the practice for its own purposes, and if yes, under what conditions
• Terms under which the agreement may be terminated, and
• What happens to the practice’s data upon termination

These being the extremely important elements of the Electronic Health Record license agreement; the practice has to be clear about the terms of the agreement and should not be under any pressures that sales people from the vendor’s side may put on them to get the work done quickly. A hurriedly worked out Electronic Health Record license agreement that lacks proper scrutiny and vigilance is bound to land the practice in trouble at some later date.

Other aspects to take into consideration

While signing the Electronic Health Record license agreement; there are other very important factors that the physician practice should take into consideration. These are some of them:

• Does the license agreement require a specific person at the practice as the primary contact with the vendor?
• If so, what happens if that person is out sick or on vacation, or quits or is fired?
• What happens if the software operates as specified, but the physician practice wants to switch to a different vendor’s software?
• Does the license let physician practice terminate at will, or only under certain circumstances?
• What happens to its data after termination and when will it be got back, and in what form?

Sharpen the insightfulness needed for signing an Electronic Health Record license agreement

Given the highly delicate and crucial nature of an Electronic Health Record license agreement; it is extremely important for practices and physicians to be thoroughly acquainted with the workings of Electronic Health Record license agreements. It is to familiarize them with the dynamics of how to draft and sign an Electronic Health Record license agreement that MentorHealth, a highly reputable provider of professional trainings for the healthcare industry, will be organizing a webinar.

Daniel F. Shay, an attorney with Alice G. Gosfield and Associates, P.C., who specializes in health law and health care regulation practice, will be the speaker at this session which will arm participants with the nous needed for getting the right Electronic Health Record license agreement signed and avoiding legal issues. To register for this session, please visit

http://www.mentorhealth.com/control/w_product/~product_id=800921LIVE/?wordpress-SEO

Look at the subtle and intricate aspects of the license agreement

At this session, Shay will proffer and explain the practical considerations that physician practices need to consider when reviewing EHR license agreements. Another of the important topics relating to this topic that will be covered at this session is compliance with Meaningful Use. Shay will offer his expertise on the types of documents that are often incorporated into the license agreement, as well as what physician practices can expect in the negotiation process after the license agreement has been reviewed.

Shay will cover the following areas at this session:

• Common contractual terms in EHR software license agreements
• Grounds for termination of a license
• Common documents incorporated into the license
• Meaningful Use considerations
• Post-termination data control and conversion.

 

Avoiding HIPAA fines and penalties is of paramount importance to entities

Avoiding HIPAA fines and penalties is something a Covered Entity or a Business Associate has to treat as an issue of foremost importance. Something like 120 million individuals were affected by HIPAA breaches in 2015, highlighting the extent to which breaches can happen, and also the extent to which medical records are targeted. It is said that medical records command a higher price today in the black market than social security numbers and credit cards!

In the two decades since the creation of HIPAA, over $ 50 million have been levied as fines or penalties. This is why Covered Entities and Business Associates need to do everything they can towards avoiding HIPAA fines and penalties. The government is very serious about protecting healthcare records. It has repeatedly nudged the HHS to take the increased incidence of cyberattacks resulting in medical records theft very seriously and increase vigilance.

The HHS is hell bent upon enforcing HIPAA requirements

Phase 2 HIPAA audits are now underway, underscoring the need for the increased need for Covered Entities and Business Associates to devise ways of avoiding HIPAA fines and penalties. The basis to avoiding HIPAA fines and penalties is to get a clear and thorough understanding of HIPAA compliance requirements expected of a healthcare provider.

Why avoiding HIPAA fines and penalties rests on a clear understanding of how to put policies and procedures in place to ensure HIPAA compliance is that HIPAA compliance goes hand in hand with providing the appropriate patient rights and controls on its uses and disclosures of PHI.

Two aspects come into play if an organization that is being audited or is the subject of a compliance review has to avoid HIPAA fines and penalties. The first of these is to demonstrate to the HHS that it has the ability to demonstrate the way by which it addresses all of the required security safeguards. Two, the organization has to also have the documentation of the proper policies and procedures necessary for safeguarding patient PHI if it has to avoid HIPAA fines and penalties.

Get to understand the dynamics of HIPAA compliance for avoiding HIPAA fines and penalties

Avoiding HIPAA fines and penalties is not something that happens by chance. An organization cannot shoot in the dark and hope to get its HIPAA compliance right. If Covered Entities and Business Associates have to get their HIPAA implementation right; they need professional guidance on how to accomplish this. Given the cost of noncompliance; avoiding HIPAA fines and penalties is something all organizations have to strive to aim for.

How do they do it? This is the learning a webinar from MentorHealth, a leading provider of professional trainings for the healthcare industry, will be offering. Jay Hodes, who is President and Founder, Colington Security Consulting, LLC, will be the speaker at this highly valuable webinar on avoiding HIPAA fines and penalties. In order to learn how to avoid HIPAA fines and penalties and to benefit from the vast experience at HIPAA compliance that the speaker carries; please enroll for this webinar by visiting http://www.mentorhealth.com/control/w_product/~product_id=800900LIVE/?Wordpress-SEO

An explanation of what to do in order to avoid HIPAA fines and penalties

At this session, Jay will show how an organization can aim at avoiding HIPAA fines and penalties by just being compliant with the HIPAA requirements. He will show how a Business Associate or Covered Entity can provide the appropriate patient rights and controls on its uses and disclosures of Protected Health Information (PHI) and what all it has to have in place for doing so.

The way an organization that is the subject of a compliance review or is being audited needs to show to the HHS both the documentation necessary for safeguarding patient PHI, as well as the ability to show how it is addressing all of the required security safeguards if it has to avoid HIPAA fines and penalties will be explained at this webinar.

At this session, Jay will cover the following areas:

• Why was HIPAA created?
• Who Must Comply with HIPAA Requirements?
• What are the HIPAA Rules?
• Who Enforces HIPAA?
• Enforcement Case Examples
• Learning from Other’s Mistakes
• What are the penalties and fines for non-compliance and how to avoid them?
• Being Prepared for a HIPAA Audit or Investigation
• Questions

 

 

 

Health care boards –an overview

Health care boards are an important element of healthcare governance. These health care boards have oversight of a number issues relating to governance. The US Department of Justice (DoJ) has tightened the oversight functions of health care boards by holding them responsible for any fraud that happens in the healthcare sector. Its Strike Force has been entrusted the responsibility of tracking healthcare frauds, wherever they happen, even if it is into corporate boardrooms that and executive suites that they have to intrude.

Towards ensuring that health care boards carry out their functions, the US department of Health and Human Services (HHS)’ Office of Inspector General (OIG) released its guidance for health care boards, called the Practical Guidance for Health Care Governing Boards on Compliance Oversight in April 2015. This guidance document is a comprehensive one and addresses all the areas of work for health care boards, ranging from expectations from health care boards to compliance program functions, to auditing potential risks to guiding ways by which health care boards need to ensure accountability and compliance.

An understanding of the functions and responsibilities of health care boards

A good and clear understanding of health care boards is necessary for a host of professionals such as Governing Board Members, Trustees and Directors, healthcare executives, In-House Counsel, and CFO’s and HR professionals in the healthcare industry. MentorHealth, a highly regarded provider of professional trainings for the healthcare industry, will offer just this at a webinar that it is organizing

At this webinar, Joseph Wolfe, an attorney with Hall, Render, Killian, Heath & Lyman, P.C., who provides advice and counsel to some of the nation’s largest health systems, hospitals and medical groups on a variety of health care issues; will be the speaker. To register for this learning session, just log on to http://www.mentorhealth.com/control/w_product/~product_id=800933LIVE/?Wordpress-SEO

Legal standards and governance issues in health care boards

A discussion of the legal standards and governance issues related to the compliance and oversight responsibilities of health care boards will be the core theme of this webinar. Offering an overview of the major fraud and abuse laws applicable to healthcare organizations; Joseph will explain the ways by which to apply them under common arrangements with physicians, so directors can ask appropriate questions.

This webinar on health care boards will educate its participants on a number of legal standards and governance issues such as director duties, conflicts of interest, intermediate sanctions, compliance issues, etc., which are directly related to the board’s compliance and oversight responsibilities.

Healthcare organizations come into common arrangements with physicians, during which they need to keep aspects such as:

• Physician practice acquisitions
• Employment
• Recruitment
• Call coverage agreements, and many others.

During the course of working out these agreements, they need to be compliant with the provisions of the existing important fraud and abuse laws such as the Stark Law.  At this webinar on health care boards, the speaker will also provide an overview of these major laws and the ways by which healthcare organizations need to apply these laws.

Asking the right questions

In a scenario in which healthcare organizations seek to bring about alignment and expansion of their physician relationships; a good understanding of these laws will help governing boards ask the right questions.

With health care governing boards assuming oversight of new functions such as physician compensation arrangements and with many physicians being directly employed; these issues are becoming an increasingly important responsibility for healthcare organizations. This webinar will offer insight into compensation-focused compliance and board oversight strategies, implementing which; healthcare organizations can mitigate regulatory risk.

At this important session on health care boards, the speaker, Joseph Wolfe will cover the following areas:

• A review of the fiduciary duties and other legal aspects of serving on the governing board
• Offering a general overview of the Stark Law and other fraud and abuse laws applicable to financial relationships with referring physicians, including a discussion of recent enforcement trends
• Describing the features of common financial arrangements with referring physicians
• A discussion of emerging compensation-focused compliance strategies and best practices.

 

The costs of medical malpractice are exorbitant

The costs of medical malpractice are exorbitant, to put it mildly. First, what is a medical malpractice? A straightforward definition of medical malpractice is that it is an act of wrongdoing, a sort of negligence by a medical practitioner in diagnosing or administering treatment that leads to harm in a number of ways to the patient. This negligence is usually the result of choosing a substandard drug or mode of therapy that leads to this situation for the patient.

The physician works in close contact with the patient, which brings them into a kind of sacred and intimate relationship. This goes beyond just the administration of the drug or conducting tests. Patients, even when they are highly educated and knowledgeable about disease, come to physicians seeking some kind of solace and reassurance. Ordinarily, in this kind of scenario, there should be no place for a medical malpractice.

Medical malpractice can still happen

Yet, although physicians and patients work on a kind of unwritten, implied trust; there are occasions when a medical malpractice can happen. A medical malpractice usually happens when this trust is broken. A medical malpractice can happen in a number of ways, misdiagnosing or administering the wrong drug being just some of these instances.

A medical malpractice can be said to have taken place when any of these scenarios happen:

• An untoward result of treatment or surgery
• An outstanding invoice being mailed to a patient who is not satisfied with the treatment methods or outcomes
• A physician’s wife or assistant working as the office manager filling up a medical leave authorization form and charging money for it
• Just a perceived lack of concern on the part of the doctor or personnel.

Since any of these can count as medical negligence, it is all the easier for patients to seek legal remedy when they feel they have been wronged in one way or another. America being the highly litigious country that it is; it is always good to devise the means to avoid being taken to court for medical negligence.

Learn the in-depth aspects of medical negligence

In what ways can medical practitioners avoid showing medical negligence and being taken to court? The diligence and care that they should take to avoid being in such a situation will be the basis of the learning a webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry, is organizing.

http://www.mentorhealth.com/control/w_product/~product_id=800934LIVE/?Wordpress-SEO

The critical need for learning about medical negligence

Why is this learning important? It is because it is essential for medical practitioners to understand the elements and nuances of medical negligence, given that the field of medical negligence being a colossal one that involves huge amounts of money in damages. A book by the late Steve Jacob says the following startling facts and disclosures about medical negligence:

• Using a Congressional Budget Office (CBO) report as the basis, PwC estimated that malpractice insurance and defensive medicine accounted for a tenth of the total healthcare costs. This is corroborated by a 2010 Health Affairs article, which puts these costs at about one-fortieth of all of healthcare spending;
• The depth and extent of fear of being taken to court for medical negligence is reflected in a 2010 survey, at which American orthopedic surgeons conceded that almost a third of the tests and referrals they order were medically unnecessary and was being done purely to reduce physician vulnerability to lawsuits;
• An analysis made by the AMA in 2011 found that the increase in the average amount to defend a lawsuit went up by around 60 percent in less than decade from 2010 to $47,158, from $28,981 in 2001. This was accompanied by a steep rise in the average cost to pay a medical liability claim-whether it was a settlement, jury award or some other disposition. This cost went up to $331,947 from $297,682 in 2001;
• A good portion of doctors’ professional careers are spent in fighting lawsuits, no matter what the final outcome is. The average span of a medical negligence litigation is over two years. If doctors spend around a year and eight months in defending cases that were eventually dismissed; medical negligence claims going to trial took three and a quarter years to settle. Another painful piece of statistics concerning medical negligence is that physicians who finally won the case spent as much as three years and eight months in litigation;
• A New England Journal of Medicine report estimated that by age 65 around three fourths of all low-risk specialist physicians have been subjected to at least one lawsuit for medical negligence, while it is an unbelievable 99% for high-risk specialties practitioners.
• Finally, Brian Atchinson, president of the Physician Insurers Association of America [PIAA], nearly three fourths of legal claims for medical negligence do not result in payments to patients, while physician defendants prevail four out of five times in claims resolved by verdict.

Being organized in the backdrop of these situations; this webinar on medical negligence by MentorHealth will cover the following areas:

• Understanding What’s at Stake in Litigation
• What every Doctor must Know
• Steps to Take after Summon and Service Receipt
• Trail Players Burden of Proof
• Types of Trials Discovery Process
• Depositions
• Motions In-Li mine
• Jury Selection
• Opening Statements
• Presentation of Evidence
• Summation and Final Instructions
• Jury Deliberations
• The Verdict and Relief.

Section 1557 of the Affordable Care Act

Section 1557 of the Affordable Care Act (ACA) is an important section of the Affordable Care Act passed by President Barack Obama in 2010. Sex, race, age, color, national origin or disability cannot be a reason for exclusion of individuals under some of the provisions of this Act. It is built on the foundation laid in the other landmark federal civil rights laws, such as:

• Title VI of the Civil Rights Act of 1964
• Title IX of the Education Amendments of 1972
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975

A Final Rule implementing Section 1557 of the Affordable Care Act was issued by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) on May 18, 2016, as a result of which, on July 18, 2016, the Final Rule became effective.

Legal amendments to Section 1557 of the Affordable Care Act

Section 1557 of the Affordable Care Act underwent a small amendment when the U.S. District Court for the Northern District of Texas issued an opinion in the case of “Franciscan Alliance, Inc. et al vs Burwell” on the last day of 2016. This opinion by the court, concerns Section 1557 of the Affordable Care Act’s section relating to prohibition of discrimination in two areas: gender identity and termination of pregnancy on a national scale. As a result of this legal opinion, the OCR will not enforce these two provisions of Section 1557 of the Affordable Care Act for as long as this injunction is valid. It will enforce the remaining provisions relating to other areas of discrimination.

Entities and individuals that come under the purview of Section 1557 of the Affordable Care Act

Section 1557 of the Affordable Care Act specifies the categories of individuals or entities that are protected from discrimination. Section 1557 of the Affordable Care Act protects from discrimination any individual or entity that participates in any of these:

1. A healthcare program or activity that is paid for in part or administered by the HHS, and
2. Federally facilitated and state-based health insurance marketplaces, which are collectively called Covered Entities.

Section 1557 of the Affordable Care Act empowers individuals to file a complaint with the OCR if the person feels that she has been subject to discrimination on the basis of any of the provisions provided for by the Act.

This said, the individual needs to know the complete nature of the law in order to assess if there is a strong case under Section 1557 of the Affordable Care Act. This calls for a proper and thorough understanding of Section 1557 of the Affordable Care Act.

Get to thoroughly understand the discrimination provisions of Section 1557 of the Affordable Care Act

A complete understanding of the discrimination provisions of this Act will be the subject of a webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry.

William Mack Copeland, who practices health care law in Cincinnati at the firm of Copeland Law, LLC, and is president of Executive & Managerial Development Group; will be the speaker at this highly informative session. To derive the benefit of William’s long experience in healthcare law; enroll for this webinar by visiting http://www.mentorhealth.com/control/w_product/~product_id=800929LIVE?LinkedIn-SEO

How the provisions of Section 1557 of the Affordable Care Act work

At this webinar, William will explain the provisions of Section 1557 of the Affordable Care Act and equip the participants with an understanding of the discrimination provisions of the ACA. Management employees of a healthcare entity will gain a better understanding of how and why the process works and how it impacts healthcare entities. William will also offer an explanation of what can be and cannot be done.

Further, he will offer an explanation of the ways of protecting oneself and the organization from potentially devastating legal challenges. Knowledge of how to meet the requirements of the ACA to avoid sanction under Section 1557 of the Affordable Care Act will be another learning to be gained at this webinar.

More importantly, this webinar will arm participants with an understanding of how to deal with the regulations and ensure that they do not end up violating the discrimination requirements of Section 1557 of the Affordable Care Act. The speaker will also help participants put a viable ACA compliance program that complies with Section 1557 of the Affordable Care Act in place.

This session will cover the following areas:

• A description of Section 1557
• The notable provisions of Section 1557
• Who must comply with provisions of Section 1557
• Requirements for individuals with limited English proficiency (LEP)
• Examples of Race, Color , National Origin, Sex, Age or Disability Discrimination
• Auxiliary Aids and Services
• Health-related insurance or other health-related coverage
• Exceptions
• Enforcement

Stark Rules require Physician Leases to be properly structured and audited

Stark Rules require Physician Leases to be properly structured and audited. An important law about physician referrals in the US is the Stark Law. Short for The Physician Anti-Referral Law (known as Stark II), the Stark Law requires compliance with its provisions by healthcare providers that file claims, failing which the authorities can initiate enforcement actions.

The Stark Laws, which have been implemented in stages such as Stark II and Stark III, have been enacted with the purpose of eliminating malpractices in the healthcare sector. These laws specify which actions from the physician are deemed unlawful.

Physician Leases are an integral part of the Stark Laws

Physician Leases are an integral part of the Stark Laws. Physician Leases are agreed upon between health systems, hospitals, medical groups and physician practices.  when healthcare providers lease physical spaces to physicians, the agreements should be in compliance with the rules set out by the Stark Laws.

The Safe Harbor Exceptions clauses of the Stark Laws regulate the leasing arrangements between the healthcare provider and the physician. Fair market value is one of the primary considerations of Physician Leases under the Stark Laws. Stark Rules require Physician Leases to be properly structured and audited because among other things, the Stark Laws require the lease agreement to:

• Be in writing
• Be of at least a one-year term
• Set the rental rate in advance, which should be at the existing market rate, and should be independent of the number of referrals the practice gets. The agreed rent and other payments have to be made even if there is no referral at all
• Be comprehensive to cover and specify all the components of the leased premises
• State the terms of periods of use, i.e., whether it is to be used for part-time or fulltime purposes
• Prohibit subleasing to any other practice or business

Stark Rules require Physician Leases to be properly structured and audited in view of these important provisions of the Stark Laws. The points to keep in mind and the ways of formulating these Physician Leases will be taught at a webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry.

Joseph Wolfe, an attorney with Hall, Render, Killian, Heath & Lyman, P.C., the largest health care focused law firm in the country; will be the speaker at this webinar. To gain a proper understanding of how and why Stark Rules require Physician Leases to be properly structured and audited; just visit http://www.mentorhealth.com/control/w_product/~product_id=800912LIVE?Wordpress-SEO   to enroll for this webinar.

In addition to making participants understand why Stark Rules require Physician Leases to be properly structured and audited; Joseph will also explain the changes that have taken place into the Stark Law for 2016. The crux of this learning is that Joseph will impart understanding of the regulatory requirements, key provisions, valuation considerations and potential pitfalls that should be avoided. He will show how to draft Physician Leases that are legally defensible, so that expensive legal proceedings can be prevented.

In the course of this valuable discussion, Joseph will cover the following areas:

• Provide a general Stark Law overview
• Examine critical components of Stark compliant leases
• Discuss best practices for drafting leases and the related financial terms
• Describe best practices for auditing leases
• Review processes for documenting fair market value and commercial reasonableness
• Discuss best practices for auditing existing leases and potential pitfalls

Understanding HIPAA compliance is the basis to be legally tenable

Understanding HIPAA compliance requirements is the foundation to meeting the legal requirements required of a healthcare provider. Understanding HIPAA compliance involves being knowledgeable about the proper policies and procedures in place, because being in compliance with HIPAA is as important as providing the appropriate patient rights and controls on its uses and disclosures of Protected Health Information (PHI).

So, any organization that is being audited or is the subject of a compliance review has to show to the government that it not only has the wherewithal to demonstrate how it is addressing all of the required security safeguards; but also has the documentation necessary for safeguarding patient PHI.

A good grasp of the fundamentals is called for

Understanding HIPAA compliance requirements is needed to get a good grasp of the fundamentals of what is needed for protecting PHI is necessary for a healthcare practice, business or organization. A good grasp of the fundamentals of HIPAA compliance requirements is called for if an entity has to ensure that the safeguards it currently has are good enough to withstand government scrutiny. The palpable rise in the number of HIPAA data breaches is another solid reason for which a thorough understanding of HIPAA compliance is called for. Understanding HIPAA compliance requirements is necessary for knowing which requirements need to be met if the entity has to safeguard PHI.

To facilitate a good understanding of HIPAA compliance requirements, MentorHealth, a leading provider of professional trainings for the healthcare industry, will be organizing a webinar which will highlight these aspects. Jay Hodes, who is President and Founder, Colington Security Consulting, LLC, will be the speaker at this webinar. Please visit http://www.mentorhealth.com/control/w_product/~product_id=800898LIVE/~sel=LIVE/~Jay_Hodes/~HIPAA_Compliance_-_What_You_Need_to_Know to enroll for this session.

At this webinar, which will give participants an understanding HIPAA compliance, Jay will break down the complexities of HIPAA compliance requirements in a simple and easy to understand method. The participants of this webinar will get clear knowledge of all the requirements for a comprehensive HIPAA compliance program and what steps they need to take in order to mitigate risk.

Jay will cover the following areas at this discussion:

• Why was HIPAA created?
• Who Must Comply with HIPAA Requirements?
• What are the HIPAA Security and Privacy Rules?
• What is a HIPAA Risk Management Plan?
• What is meant by “Required” and “Addressable” Implementation Specifications?
• What are Administrative, Technical, and Physical Safeguards Requirements?
• What is a HIPAA Risk Assessment?
• What are HIPAA training requirements?
• What is a HIPAA data breach and what happens if it occurs?
• What are the penalties and fines for non-compliance and how to avoid them?
• Creating a Culture of Compliance
• Questions