Healthcare Law encompasses not only the law of healthcare delivery and financing but all areas of law that focus on the intersection between law and health – from the ethics of embryonic stem cell research to the role of government in preventing child maltreatment to occupational health and safety regulations to the laws governing elder care and death.
Hot Topics in Healthcare Law is intended to address some of the issues in healthcare that are rapidly evolving and provide relevant interpretations of these healthcare laws.
This half-day program hosted by the New Jersey Hospital Association and presented by attorneys from Epstein Becker & Green, P.C., will provide updates on a variety of cutting-edge topics affecting hospitals, health systems, post-acute providers, and healthcare professionals including:
- Fraud and abuse and government enforcement
- Privacy and security
- Labor employment and workforce management
- The future of the corporate practice of medicine prohibition
TARGET AUDIENCE:
Attorneys, CEOs, CIOs, compliance officers, GROs, human resources, ethics committee members and paralegals.
AGENDA:
Fraud and Abuse and Government Enforcement
- Anjana D. Patel and Melissa L. Jampol
- Recent updates to the Stark law, including CMS’ new self-disclosure protocol, implementation of the January 2016 Stark regulations and recent case law
- The Anti-Kickback Law and the Civil Monetary Penalty Law updates
- Recent investigations and prosecutions by New Jersey’s Medicaid Fraud Control Unit of hospitals and other healthcare facilities
- The use of data analytics by the government in healthcare investigations
- Recent telehealth enforcement actions
- Recent U.S. Department of Health and Human Services, Office of Inspector General and U.S. Department of Justice compliance guidance
Privacy and Security
- Patricia Wagner
- Office for Civil Rights’ position on ransomware, the assumption that ransomware is a breach, and implications for healthcare organizations
- OCR’s guidance on providing patients access to records, including by email if requested, and how organizations can operationalize those requests
- OCR’s continued enforcement focus on privacy and security, and increasing scrutiny on events that affect small numbers of individuals
- Balancing the Privacy and Security Rules’ requirements with patient requests for text messaging
Labor, Employment & Workforce Management
- Jeremy M. Brown and Denise Dadika
- Employee activism in response to societal concerns – how the National Labor Relations Act applies and what employers need to know
- National Labor Relations Board’s broadening definition of protected activity and NLRB enforcement of handbook and social media policies/practices: the unique nature of hospitals versus NLRB’s broadening of “rights” of employees to record, post pictures, tweet, etc. in the workplace
- Antitrust concerns – minimizing criminal and civil liability when competing for and retaining employees
- Religious accommodations – balancing employees’ beliefs with required job duties
The Future of the Corporate Practice of Medicine Prohibition
- Gary W. Herschman and Jack Wenik
- Analysis of Allstate Insurance Company v. Northfield Medical Center, P.C., the recent New Jersey Supreme Court case and what it means for the future of the corporate practice of medicine prohibition
- Impact on “captive or friendly P.C.s” from a transactional and regulatory compliance perspective
- A litigator’s perspective on the impact of Allstate Insurance Company v. Northfield Medical Center, P.C.
For more information and to register, visit NJHA.com.