In September, the United States Department of Justice (DOJ) updated its corporate compliance program guidance which outlines criteria to look for in determining whether an organization’s compliance program is “adequate and...more
In healthcare, compliance issues can quickly escalate into compliance nightmares, with serious implications for patient safety, legal liability, and an organization’s reputation. Among the most common compliance nightmares...more
Effective December 23, 2024, HIPAA-covered entities and their business associates will be required to comply with new restrictions on how protected health information may be used and disclosed for certain purposes relating to...more
Healthcare workers nationally are facing an increase in workplace violence, often instigated by patients and visitors. A study published earlier this year reported that almost 20% of healthcare workers have faced physical...more
10/17/2024
/ Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Nurses ,
Patients ,
Physicians ,
Termination Rights ,
Workplace Safety ,
Workplace Violence
Earlier this year, the US Department of Health & Human Services (“HHS”) released updated regulations governing the use and disclosure of substance use disorder records, referred to as “Part 2.” The Part 2 rules protect...more
On March 27, 2020, Congress enacted the Coronavirus Aid, Relief & Economic Security Act (CARES Act) which included provisions requiring the U.S. Department of Health & Human Services (“HHS”) to better align the federal...more
It’s extremely hard to change an organization’s culture, but no one is in a better position to influence an organization’s culture than its Chief Executive Officer. Compliance starts at the top, and it’s important CEOs are...more
Looking for a simple, easy-to-implement way to lower your risk of overpayments? We have one on this week’s podcast!...more
Most healthcare providers understand that routinely waiving patient cost-sharing obligations creates compliance issues under the Anti-Kickback Statute, the Civil Monetary Penalties Law, and third-party payor agreements which...more
Providers will often pay physicians for serving in important administrative roles within the organization. Compensation for administrative services can create risk to the organization under multiple laws, including the...more
One of the fundamental compliance requirements for healthcare providers is protecting the confidentiality and security of the patient health information you maintain. Most healthcare providers are subject to a federal law...more
Has a patient asked you or one of your providers if they could record a conversation or interaction with you? Would your staff know how to handle such a request? Requests from patients and their families to record...more
One of the biggest changes in healthcare over the past 15 years has been the move to electronic medical records. In 2009, only 12% of hospitals and 22% of physician practices utilized a certified electronic health record. As...more
The role of the compliance officer is often stressful. In 2022, the Corporate Compliance Institute published a survey of 240 compliance officers. According to the findings, 59% felt burned out, 51% have “a lot of” or “extreme...more
We talk frequently on the podcast about how important it is for providers to find compliance issues early so they can correct them and self-report if needed. One way to find compliance issues early is for your employees and...more
In the wake of the United States Supreme Court’s decision in U.S. ex rel. Schutte v. SuperValue, Inc., interpreting the False Claims Act’s scienter element – referring to the defendant’s knowledge and subjective beliefs –...more
Lack of transportation can be a significant barrier to accessing healthcare services. According to a Robert Wood Johnson Foundation report, one in five patients report forgoing needed healthcare services due to lack of...more
We are halfway through 2024, which means: now is the perfect time to evaluate your 2024 compliance initiatives and assess how you’re doing! It’s time to give your compliance work plan a 6-month check-up....more
Undoubtedly one of the most important responsibilities of the compliance officer is compliance training. Your best defense to a compliance problem is well-trained staff who not only know the organization’s policies but also...more
There has been much publicity surrounding the Centers for Medicare and Medicaid Services’ (“CMS”) new minimum staffing requirements for long-term care facilities scheduled to take effect starting in 2026 for non-rural...more
The healthcare industry remains a popular target for ransomware attacks. If you haven’t been impacted by a ransomware attack, it’s likely only a matter of time before someone you do business with or buy services from is...more
6/10/2024
/ Business Associates ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Information Technology ,
Popular ,
Ransomware
Does your compliance program incorporate quality and patient safety issues? Or, are you treating the two areas as separate and distinct departments? The OIG’s General Compliance Program Guidance recommends all healthcare...more
Earlier this month, HHS unveiled updated Section 1557 regulations which will impact most healthcare providers, including for the first time Medicare Part B providers who do not participate in other federal programs like...more
One thing that can make or break the success of your compliance program is your organization’s culture. Having a “compliance culture” means that compliance is a central, unalterable, and pervasive part of the organization,...more
Every day, new articles extol the benefits of artificial intelligence (AI) within the healthcare industry. If you aren’t already using generative AI tools, it’s likely only a matter of time....more