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.

 

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.

 

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

 

HIPAA and suing need to be understood fully when contemplating action

HIPAA and suing are two important elements closely related to each other. When HIPAA and suing are discussed, what needs to be borne in mind is that an individual cannot sue HIPAA. Yes, you are reading it right. An individual cannot sue a Covered Entity or Business Associate for violation of privacy of medical records. So, does this mean that HIPAA is empowered with carte blanche powers to do what it likes with your medical records?

No. What has just been stated is that an individual cannot sue HIPAA itself, but can seek legal remedy when she believes that there has been an unlawful violation of her someone else’s privacy rights relating to her health information, or a breach of Privacy, Security, or Breach Notification Rules, by filing a complaint with the Office of Civil Rights (OCR) under State law.

Who can be sued?

HIPAA is clear about who can be sued for healthcare information privacy violations. An individual can seek legal action against a Covered Entity –consisting of any of these – health plans themselves, healthcare clearinghouses, or healthcare providers that use the electronic medium to carry out many of their transactions –or any of their Business Associates.

Provisions related to suing under HIPAA need to be fully understood before proceeding legally. Since HIPAA and suing is a legal matter, it needs to be completely understood if an individual is contemplating suing under HIPAA.

A webinar from MentorHealth on HIPAA and suing

All the major aspects of HIPAA and suing will be the topic of a webinar that MentorHealth, a leading provider of professional trainings for all the areas of regulatory compliance, will be organizing. Brian Tuttle, a Certified Professional in Health IT (CPHIT), Certified HIPAA Professional (CHP), Certified Business Resilience Auditor (CBRA) with over 15 years’ experience in Health IT and Compliance Consulting, will be explaining all the important areas relating to HIPAA and suing.

To understand the core elements of HIPAA and suing, enroll for this important webinar by visiting

http://www.mentorhealth.com/control/w_product/~product_id=800905LIVE/~sel=LIVE/~Brian_Tuttle/~HIPAA_and_Suing_-_Trial_Attorneys_Are_More_Dangerous_Than_The_Federal_Government.

At this session, Brian will attempt to clear the major issues relating to HIPAA and suing and will give participants an understanding of the factors that could invite a letter or a visit by the Office of Civil Rights and ways of dealing with it.

In the course of explaining the ingredients relating to HIPAA and suing; Brian will cover the following areas:

• Updates for Omnibus
• Patients suing – how does this work
• Fines from HHS
• Audit process
• Real life audits and litigated cases
• New patient legal remedies and how to lower risks
• State laws and patient remedies
• Portable devices
• Emailing and texting
• Business associates and the increased burden
• Breach notification
• Risk factors for being sued or audited

 

 

 

Understanding what is permissible and what is not under healthcare anti-fraud statutes

Federal laws such as the Federal False Claims Act, Federal Anti-Kickback and Stark laws are aimed specifically at preventing and curtailing malpractices by healthcare organizations and professionals. They work on this end by placing several prohibitions and restrictions on them. This makes it imperative for those impacted by these laws to be completely aware of what they are allowed to do and what they are not, under these laws.

The authorities come down severely on those who show the slightest noncompliance with the provisions of these statutes. A punitive action from the enforcement authorities of any nature or intensity can adversely impact the most important asset for a healthcare professional or healthcare organization –reputation. So, the task of understanding the intricacies and subtleties of these statutes is left to the healthcare organizations and medical professionals.

It is to equip them with a proper and thorough understanding of the Federal False Claims Act, Federal Anti-Kickback and Stark laws that MentorHealth, a leading provider of professional trainings for the healthcare industry, is organizing a webinar. At this webinar, the speaker, William Mack Copeland, who is a healthcare law practitioner at Copeland Law, LLC in Cincinnati, will give a complete understanding of how marketing activities can invite actions from either or all of these statutes.

Just visit http://www.mentorhealth.com/control/w_product/~product_id=800902LIVE/~sel=LIVE/~William%20Mack_Copeland/~Anti-Kickback,_Fraud,_Stark_and_Marketing:_What_You_Can_and_Cannot_Do to enroll for this webinar, at which William, a healthcare law expert, will give an understanding of the building blocks needed to develop and maintain the healthcare organization’s or practitioner’s reputation.

The speaker will help participants to understand and eliminate exposure to fraud charges based on marketing practices. The practical requirements and operations, principles of compliance, and the basic elements needed for reducing civil and criminal liabilities and economic sanctions will be described.

Taking up this webinar will help participants get an understanding of anti-kickback regulations, Stark laws, and compliance issues that expose a healthcare provider or practitioner’s vulnerabilities in marketing. William will show the ways of implementing mandatory internal controls, which go a long way in helping to reduce exposure to risks. The many marketing efforts that expose an organization to various susceptibilities will be taken up as part of a case study discussion.

This session, which will benefit all functional groups that have responsibilities relating to data protection, or marketing, or need to understand the basics of compliance, will cover the following areas:

• The Federal False Claims Act
• Federal Civil Anti-Kickback Statute
• The Federal Anti-Referral Law (Stark 1 & 2)
• Introduction to basic compliance as an effective tool
• Case study about an organization and how their marketing efforts exposed the organization to vulnerabilities