"2016 Health Care Regulatory and Compliance Update," Davis Wright Tremaine, Los Angeles

At this year’s annual complimentary seminar we discussed:

The Explosion in Telemedicine

• Licensure/scope of practice: Where and how must your facility and professionals be licensed, and who can do what via telephone or internet?
• Reimbursement: What state and federal kickback, self-referral, false claims, and other reimbursement issues arise in telemedicine?
• Credentialing: What are the CMS and Joint Commission requirements and options for telemedicine credentialing?
• Other regulatory issues: What privacy/security and FDA regulations apply to telemedicine?

Data Breach Preparation and Response

• High-profile hacks and the recent trends in health care breaches
• Preparing for and responding to a breach under HIPAA and California law
• The continuing challenge of applying HIPPAA's "Low Probability of Compromise" standard

The Broadening of Regulatory Risk in Hospital-Physician Transactions

• FMV and commercial reasonableness: How recent lawsuit settlements increase risk to hospitals
• Non-compliant physician agreements and new developments in the "60 Day Rule"
• New Stark regulations: CMS softens its stance on "technical" violations
• Payments for quality and value; physician incentives
• Avoiding common "booby traps" under Stark; case examples

Hospital Litigation Update

• Reimbursement and payment decisions
• Health care workplace decisions
• Litigation under the Affordable Health Care Act: The saga continues
• Other cases of note

Physician Fitbits

• The use and abuse of data measuring physician behaviors
• Recent case law developments addressing physician metrics
• Regulatory implications of leakage reports
• Application to clinically integrated networks

HIPAA Update

• The current status of OCR HIPAA audits
• HIPAA regulations and guidance: What's new and what's coming
• Applying HIPAA to new care models and health information exchange
• What are the high risk areas under HIPAA?

A Rock & A Hard Place: DOJ's Increased use of Parallel Civil and Criminal Investigations to Investigate Health Care Fraud

• Internal investigations and protecting the privilege
• Pleading the fifth - or not
• Impact of Deputy AG Yates's memo on parallel investigations: Individuals now in the cross-hairs

Developments in Reimbursement, Licensing, and Accreditation

• Provider-based vs. freestanding status
• Co-location and shared space
• Emergency department overflow

Conflict of Interest Challenges for Hospital Board Members, Management, Physicians, and Vendors

• Basic requirements of the law relating to conflicts of interest, including tax-exemption and Corporation Code requirements
• How to properly address conflicts of interest; tips on how to conduct the meeting where the conflict is addressed
• Role of the Compliance Officer in addressing conflicts of interest: What should a Compliance Officer be looking for?
• What should your conflicts of interest policy include?

This year we also featured a special panel discussion among California Hospital compliance officers, including compliance officers from Dignity Health, Prime Healthcare, and Kaiser Permanente Southern California.

This program was developed for hospital CEOs, COOs, CFOs, Legal Counsel, Compliance Officers, Chief Medical Officers, Chief Nursing Officers, VPs of Business Development, and Risk Managers.