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.

 

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.