"What You Need to Know," Davis Wright Tremaine 2015 Health Care Webinar Series
Partnering with leading health care organizations and consultants for a series of webinars, Davis Wright Tremaine attorneys explore current topics that will broaden your understanding of the ever-changing health care landscape.
See below for links to the audio recording and webinar materials.
This webinar reviews the structure of the new Comprehensive Care Joint Replacement (CJR) Program and discusses the risks and opportunities for both hospitals and other providers. With an April 1, 2016 implementation date, the hospitals that will be forced to participate in the CJR Program need to quickly establish the appropriate infrastructure and focus on contracting opportunities with collaborating providers.
California law requires nonprofit hospitals who want to sell, join a system, or cede control to another to provide an extensive written notice and seek the approval of the California Attorney General. This webinar educates both buyers and sellers on how to best navigate this approval process, and discusses common mistakes and the occasional landmine. Learn how to expedite the process and understand the likely results.
This webinar is appropriate for both California and Oregon audiences, as Oregon’s approval process is similar to California’s.
Presenter: Bob Schuchard
The Affordable Care Act encourages providers to collaborate to improve health care. But the antitrust enforcement agencies have warned providers that “too much” collaboration can run afoul of the antitrust laws. How do providers form networks (including but not limited to ACOs) to deliver better care while not triggering an expensive government investigation or, worse, litigation? Other networks are formed by insurers—and, since passage of the ACA, many so-called “narrow networks” are being formed that exclude willing providers. Does the exclusion of providers from these networks raise antitrust issues?
Presenter: Douglas Ross
The market for wearable health technologies, encompassing innovations such as fitness bands, glucose monitors, and implanted devices, is booming – estimated to surpass $70 billion by 2024. The session will focus on key legal issues and considerations in this emerging market, including intellectual property, consumer protection, product liability, privacy, and data security. We will explain what is on the horizon in this rapidly developing space and how laws will need to evolve to keep up.
Presenter: Lousia Barash
In this webinar, we demystify the HIPAA Security Rule and how to apply the administrative, physical, and technical safeguards in a mobile environment. We discussed key takeaways from the recently released NIST Draft Guide on Securing Health Records on Mobile Devices and offer practical considerations for conducting a HIPAA risk analysis. From large HIPAA breaches to recent HHS Office for Civil Rights (OCR) enforcement action, we look at lessons learned that may weigh on a mobile device management strategy.
Frequently the legal contract is the last hurdle to beginning a new HIT project, and, for many health care organizations, the process can be a source of frustration in acquiring new technologies. This session focuses on best practices for maximizing the effectiveness of contract negotiations for HIT projects. We examine key legal issues and practical implications arising from the process and the substantive contract terms. We identify tips and traps based on real world experience with contract successes and failures.
Presenter: Jane Eckels
Given the relatively high number of organized workforces in the health care industry, buying or selling health care facilities often involves a host of thorny labor law issues. A number of questions arise, such as: What is necessary when negotiating the effects of a decision to sell? What obligations attach when acquiring only a portion of facility with an organized workforce? Must new employees at a new facility be included in an existing bargaining unit? This webinar helps answer these questions, and provides a general overview of the more common issues and recent developments involving health care facility transactions.
Presenter: Peter Finch
This webinar explores the inter-relationships among hospital peer review, confidentiality, and potential false claims and other regulatory liability for physician misconduct—to highlight the importance of integrating peer review into a culture of compliance in order to reduce risk. We review applicable law and government enforcement activity, including multiple high-dollar settlements, plus tips for integrating peer review and compliance processes.
Compliance officers don’t always need legal assistance. But when the stakes are high, answers are unclear, or when there is nowhere else to turn, a phone call to counsel can be helpful. This webinar will discuss hot compliance topics that crossed our desks this year and our legal analyses of these issues. We will discuss EHR “cloning,” 60-day rule enforcement activity, conducting internal investigations under privilege, responding to government and commercial auditors, and more.
Presenter: Adam Romney
This webinar discussed specific issues facing laboratory compliance programs, including auditing and monitoring, privacy concerns, billing and reimbursement, and other fraud and abuse concerns. Davis Wright Tremaine attorneys were joined by the Chief Compliance & Privacy Officer of Accumen Inc., a patient blood management company.
The government payment programs, through their auditor contractors and related enforcement agencies, such as the federal and state Departments of Justice, the Office of the Inspector General, the Federal Bureau of Investigation, and state Medicaid Fraud agencies, make demands for documents and other information using a variety of tools, including subpoenas, search warrants, and audit document requests by RACs, ZPICs, MACs, and other auditor contractors. In addition, agencies responsible for certification, accreditation, and licensing make similar requests.
This webinar provides guidance to the duties and rights of providers in responding to these demands.
Presenters: Jeff Coopersmith and Kathy Drummy
While electronic health information exchanges (HIEs) are gaining popularity among providers, some big privacy and security questions remain unanswered by HIPAA and other privacy laws.
- Who has breach notification responsibilities when an HIE participant causes a breach of another participant’s information?
- Is a covered entity required to provide a patient with access to other participants’ records?
- Are patients entitled to receive access to their records through Direct Messaging?
- Can alcohol and substance abuse treatment information be included in HIEs?
This webinar explores these and other issues surrounding HIEs and offer practical solutions.
Presenter: Adam Greene of Davis Wright Tremaine
Health care providers are utilizing new ways to deliver and bill for their services, and many providers have begun offering cash-based, direct-to-patient services to the public. These direct access models include services such as concierge medicine, self-referred lab tests, non-covered imaging, virtual telemedicine consults, retail clinics, and more. In this webinar, we will discuss the panoply of legal issues that can be triggered by these direct-to-consumer health care delivery models, such as Medicare and Medicaid coverage and billing rules, implications for commercial contracts, state licensing and scope of practice issues, direct-to-consumer lab testing issues, new HIPAA/CLIA rules related to direct access to lab results, direct-to-consumer marketing/advertising, and more.