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.

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.

 

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.

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.