Foulston Siefkin LLP Annual Health Law Institute
Foulston Siefkin LLP Annual Health Law Institute
Thursday, October 20, 2022 (9:00 AM - 4:00 PM) (CDT)
This fall, Foulston's annual Health Law Institute returns in-person for the first time since 2019. We are excited to offer a new combination of in-person and virtual experiences for attendees in a hybrid format and invite you to come see us either at our offices or via Zoom on October 20. Limited seating is available at our new space at Lighton Tower in Overland Park. We welcome you to join us this year in whatever capacity works for you – register and save your spot now. Visit the event website for more information.
Who Should Attend: This program is designed for chief executive officers, executive directors, administrators, business managers, chief financial officers, chief nursing officers, chief operating officers, quality and risk managers, HIPAA privacy and security officers, corporate counsel, and compliance officers. Enrollment is open for corporate and government counsel. Attorneys in private practice require prior approval.
Continuing Education Preferences: Please identify your continuing education (CE) preferences in your registration, and we will follow up accordingly. Note: Virtual attendees who wish to receive CE credit must (1) attend the webinar's live presentations and (2) attend individually on their own device using the webinar link we will e-mail prior to the event.
--Virtual attendee via Zoom
--In-person attendee at Foulston’s Overland Park Office
9:00 – 10:00
Legislation, Litigation, and Other Trends
--Panel Presentation of Foulston Healthcare Attorneys
Kicking off the day, the Foulston team will highlight key legislation, litigation, and other trends to keep your eye on. Topics include surprise billing/price transparency, APP extension of scope of practice, abortion, ransomware, workplace violence, antitrust enforcement, rural emergency hospitals, Vaught nursing case, and Section 1557 compliance.
10:00 – 10:30
--Brooke Bennett Aziere
In this session, Brooke Aziere will introduce attendees to a new literary form—the HIPAA Haiku. This session will explore the Office for Civil Rights’ (OCR) enforcement and compliance actions and highlight lessons that all covered entities and business associates should learn from the OCR’s actions, including a focus on breach and incident response.
10:30 – 10:40
10:40 – 11:30
The Compliance Cha-Cha
--Amanda Wilwert and Nancy Musick
With the government’s stepped-up enforcement initiatives, there is no better time to make sure you know all the steps to the Compliance “Cha-Cha.” Amanda Wilwert and Nancy Musick will be your dance instructors for this presentation, starting with the core Cha-Cha step of the Office of Inspector General’s (“OIG”) seven elements of an effective compliance program. This presentation breaks down the basic steps of a compliance program, including the scope of compliance officer responsibility, the changing role of the compliance committee, and how annual risk assessments inform compliance programs and activities. Finally, this presentation will cover emerging compliance risk areas.
11:30 – 12:00
Meeting in the Middle: The Expanding Role of Advanced Practice Practitioners
--Alex Schulte and Nancy Musick
In the wake of the COVID-19 pandemic, many states, including Kansas, have passed new laws expanding the scope of practice for Advanced Practice Practitioners (“APPs”), such as Advanced Practice Registered Nurses. Given the staffing shortages and access-to-care issues that the pandemic exacerbated, many healthcare facilities are re-examining how they use APPs to make services more accessible and affordable and to reduce the burden on physicians. This presentation explores national and local trends for APP independent practice, as well as potential risks of which providers should be aware. We will also examine the statutory and regulatory changes affecting APRNs that were implemented in Kansas in July 2022 and their likely impact on healthcare services in the state.
1:00 – 1:30
Board Investigations 101: Anatomy of Professional Licensing Board Investigations
Professional licensing board investigations can be scary, but if you are equipped with an understanding of the process, they don’t have to be. Follow along as Gabby Grause dissects the investigation process, from complaints, investigations, and litigation, to potential outcomes, prevention, and resources.
1:30 – 2:20
Fraud and Abuse: Bad Boys, Bad Boys, Whatcha Gonna Do When They Come For You?
--Clayton Kaiser and Sam Walenz
You don’t have to be a COPS or Bob Marley superfan to be asking yourself this catchy question in 2022. On the heels of a very busy 2021, this year has ushered in yet another year of unprecedented levels of fraud and abuse in the healthcare context. During this session, Clayton and Sam will cover some of the largest and most pervasive schemes that have been discovered over the past twelve months and walk through what law enforcement, regulators, and other interested parties are doing to combat them.
2:20 – 2:40
2:40 – 3:30
Contracting with Physicians, Other Practitioners, and Other Key Service Providers and Suppliers
Healthcare providers are continuously reliant on contracted practitioners and other vendors to preserve and maintain their operations. In this presentation, Alex Schulte will deliver an overview of the issues that providers should evaluate prior to executing any significant agreement, including best practices for ensuring your contracts are legally compliant and remain advantageous for your organization. Specifically, we will offer tips for negotiation strategy, some common compliance pitfalls, and key post-termination issues to consider, such as the potential enforcement of non-compete or non-solicitation provisions. We will also outline some important considerations in contracting with physicians and other potential referral sources, including a brief overview of the complex statutes and regulations that govern arrangements with referring physicians.
3:30 – 4:00
Disruptive Provider Behavior: To Manage or Discipline? That Is the Question
--Brooke Bennett Aziere and Teresa Shulda
The highly regulated and fast-paced healthcare environment creates many stressors for physicians and other providers. These stressors may lead some providers to engage in verbal or physical conduct (disruptive behavior) that has the potential to negatively impact patient care and their ability to work with members of the healthcare team. But how do you know when to offer the provider assistance to manage their behaviors or when the provider is just using the day-to-day pressures as an excuse to disrespect their healthcare team members? Does it make a difference if the provider is an employee, owner, or member of the medical staff? This presentation will provide guidance on how to approach disruptive provider situations with respect to employed and contracted providers, including investigation, discipline, and suspension, and balancing HR concerns with the requirements in the medical staff bylaws. Brooke and Teresa will also discuss how unaddressed disruptive behaviors could put the organization at risk for other types of employment-related claims, such as hostile work environment and retaliation.