November 16 - 18, 2020
2020 Healthcare Enforcement Compliance Conference
Virtual , Central Standard Time (CST)Agenda
All conferences are listed in Central Standard Time (CST)
Monday, November 16
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-Breakout Sessions#SPONSORSponsorship
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08:50 AM - 09:00 AMOpening Remarks
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09:00 AM - 10:15 AMGS1: Government Enforcement Panel Kirk Ogrosky, Partner, Arnold & Porter Gregory Demske, Chief Counsel to the Inspector General, HHS-OIG Jamie Yavelberg, Director, Fraud Section, Commercial Litigation Branch, Civil Division, USDOJ Allan Medina, Chief of the Department of Justice, Health Care Fraud Unit, Criminal Division, U.S. Department of Justice
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10:15 AM - 10:30 AMBreak
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10:30 AM - 11:30 AMBreakout Sessions#101101: Anti-Kickback Statute Case Studies and OIG’s Regulatory Flexibilities During the COVID-19 Pandemic Benjamin Wallfisch, Senior Counsel, Industry Guidance Branch, U.S. Department of Health and Human Services, Office of Counsel to the Inspector General Susan Edwards, Industry Guidance Branch-Chief, Office of Inspector General, U.S. Department of Health and Human Services
- Review challenging real-world scenarios applying the anti-kickback statute
- Understand OIG’s pandemic-related regulatory flexibilities and guidance
- Awareness of OIG’s COVID-19 strategic goals
Intermediate#102102: False Claims Act Liability in Post-Acute Care Claudia Reingruber, Shareholder, Saltmarsh, Cleaveland & Gund Tamar Abell, CEO, TBA Consultant William Mathias, Shareholder, Baker Ober Health Law- A review of recent False Claims Act cases, both civil and criminal, and current enforcement focus areas in Medicare for SNF, home health and hospice providers
- Challenges facing post-acute providers, including those associated with new payments systems and regulatory requirements, and new claim audit initiatives
- Current enforcement trends, including potential liability for providers and management, sources of data to manage risk, expectations from CMS that providers have effective compliance programs, and enhanced focus on “worthless care” concerns
Intermediate#103103: Preventing Enforcement Actions in Clinical Research - Operational Strategies for Avoiding Financial Frauds Katherine Cohen, Chief Compliance Officer, Southern Illinois University Medicine Sarah Couture, Managing Director, Ankura Consulting Group- Billing errors in Clinical Research can and have resulted in large settlements arising from False Claims Act violations
- Accurate billing for research activities is dependent on an multi-step process involving numerous players, departments, and functions. Breakdowns at any point in the process can result in large fines, settlements, and CIAs
- This presentation will show how successful clinical research billing (CRB) revolves around ensuring your clinical research operations team is effectively communicating and that the rules are properly interpreted and applied
Advanced -
11:30 AM - 11:45 AMBreak
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11:45 AM - 12:45 PMBreakout Sessions#201201: Managed Care Enforcement and Compliance Benjamin Singer, Partner, O’Melveny & Myers LLP Barbara Fonte, Vice President of Managed Care and Population Health, Jackson Health System Sarah Kessler, Senior Counsel, HHS-OIG Pamela Brecht, Attorney/Partner, Pietragallo Gordon Alfano Bosick & Raspanti, LLP
- Consider examples of managed care fraud using past enforcement actions as a guide
- Recognize compliance risks in managed care
- Design & Implement bi-directional education & training between Managed Care and Compliance
Basic#202202: How OIG Uses Data in its Affirmative Cases & How Data Can be Incorporated into Compliance Geoffrey Hymans, Senior Counsel, Office of Inspector General, US Health and Human Services Barry Grosse, V.P., Audit, Compliance, Ethics & Risk Mgmt. & CCO, Augusta University- Learn how the OIG uses data to develop affirmative Civil Monetary Penalty Law and Exclusion cases
- Learn how data can be used in unorthodox ways, such as to prove knowledge, or in quality-of-care cases
- Learn how both large and small entities can incorporate data analysis into their compliance programs
Intermediate#203203: The Myth(s) of Median to 75th: New Perspectives on Assessing, Managing and Monitoring Physician Compensation Arrangement Risk James Sheehan, Chief, Charities Bureau, NY Attorney General Heather Fields, Shareholder, Chair - Hospital/Health Systems Practice, Reinhart Boerner Van Deuren s.c. Adam Klein, Independent Advisor, Adam J Klein, LLC- Impact of USA ex rel. Bookwalter v. UPMC 938 F.3d 397 (3d Cir. December 20, 2019) the new Stark burden of proof is on the hospital
- Lessons from litigated cases about improving your organization’s physician compensation arrangement risk assessment process and strategies and resources for identifying and managing outlier arrangements at an enterprise level
- Innovative, lower cost, and more effective risk management alternatives for determining and monitoring FMV and commercial reasonableness, including tips for mitigating risks inherent in relying on survey data and “independent” FMV reviews
Intermediate -
12:45 PM - 01:30 PMMid Conference Break
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01:30 PM - 01:35 PMOpening Remarks
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01:35 PM - 02:35 PMGS2: Whistleblowers: Who Are They, Why Do They Bring Cases, and What Makes a Good Whistleblower Case Jeb White, President & CEO, Taxpayers Against Fraud Education Fund Sarah Alexander, Attorney, Constantine Cannon LLP Susan Gouinlock, Attorney, Wilbanks & Gouinlock Andrew Stone, Partner, Stone Law Firm LLC
- Understand why employees become whistleblowers
- Advocate compliance culture that encourages internal reporting
- Recognize concerns that devolve into whistleblower cases
- List key factors of actionable whistleblower cases
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02:35 PM - 02:50 PMBreak
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02:50 PM - 03:50 PMBreakout Sessions#301301: Federal Administrative Sanctions Jennifer Leonardis, Senior Counsel, HHS OIG Julie Kass, Lawyer, Baker Donelson
- Understand OIG enforcement actions, remedies, and appeals
- Appreciate differences between available CMS enrollment actions
- Identify new CMS program integrity rules and authorities
Basic#302302: DOJ Updated Guidance: June 2020 Judy Ringholz, VP of Compliance and Ethics & Chief Compliance Officer, Jackson Health System Sally Molloy, Chief, Strategy, Policy and Training Unit, U.S. Department of Justice, Criminal Division, Fraud Section- Review DOJ’s areas of focus when evaluating corporate compliance programs
- Recognize specific changes that have been made to DOJ’s guidance document as it has evolved
- Explore processes compliance officers can design to engender confidence in their program’s effectiveness
Intermediate#303303: Lessons Learned from Stark Investigations David Glaser, Shareholder, Fredrikson & Byron PA Matthew Krueger, United States Attorney, Eastern District of Wisconsin- A U.S. attorney and defense lawyer discuss how cooperation between the government and defendants can lower the cost of an investigation
- Analysis of Stark’s complexities, including how regulatory definitions can undermine arguments for both parties
- Exploration of the limitations in salary survey data and why it can be difficult to evaluate fair market value compensation
Advanced -
03:50 PM - 04:05 PMBreak