Home Care & Hospice Law Symposium
Wednesday, April 25, 2007
Concurrent Educational Sessions (400 series)
8:30 to 10 a.m.
401. Whistleblowers: What You Need to Know to Protect Your Agency
The health care industry has become the whistleblower’s favorite target, and last year saw significant whistleblower action against home care and hospice organizations. This program will present an overview of whistleblower incentives under the False Claims Act, discuss home care and hospice risk areas, whistleblowers’ rights, steps a provider can take to deter potential whistleblowers, and recent whistleblower cases against the home care and hospice industry.
Objectives:
1. Identify the legal basis of a whistleblower case and the process of a whistleblower lawsuit.
2. Recognize home care and hospice risk areas, whistleblower’s rights and actions providers can take to deter whistleblowers.
3. Discuss recent whistleblower cases against the home care and hospice industry.
Faculty: Denise Bonn, Esq., Deputy Director, Center for Health Care Law, National Association for Home Care & Hospice, Washington, D.C.
Course Level: Intermediate; 1.5 Nursing CEs; 1.0 Accounting CPE (NASBA/Reg/Eth).
Concurrent Educational Sessions (500 series)
10:15 to 11:45 a.m.
501. Provider Enrollment: Are You Ready?
The Centers for Medicare & Medicaid Services made major changes to the provider enrollment process last year that affect both new and existing home health agencies and hospices. This program will furnish clear guidance regarding WHAT and WHEN to file.
Objectives:
1. Identify occurrences that require filing full applications, changes of information, and changes of ownership.
2. List the information that needs to be furnished.
3. Discuss questionable situations to resolve filing issues.
Faculty: Denise Bonn, Esq., Deputy Director, Center for Health Care Law, National Association for Home Care & Hospice, Washington, D.C.
Course Level: Intermediate; 1.5 Nursing CEs; 1.0 Accounting CPE (NASBA/SKA).
502. MANAGED CARE: Identifying and Managing Emerging Patient Liability Risks
Managed care is a growing model in the delivery of home care and long term care. The care decision making process is different than that routinely used in the fee-for-service world. Home care providers are working in concert with third party care managers, network physicians and a care authorization process that is outside their control. How does this dynamic affect the home care provider’s responsibilities for high quality and appropriate patient care? Are there new liability risks for malpractice or are the risks just a new model of the same risk? This program provides a journey into the issues involving managed care home care and potential liabilities.
Objectives:
1. Identify distinctions in health care decision making in managed care and resulting distinct care duties.
2. Recognize standards of care liability in a managed care setting.
3. Discuss principles of effective risk management in caring for the managed home care patient.
Faculty: William A. Dombi, Esq., Director, Center for Health Care Law, Vice President for Law, National Association for Home Care & Hospice, Washington, D.C.
Course Level: Intermediate; 1.5 Nursing CEs; 1.0 Accounting CPE (NASBA/SKA).
 Luncheon
Noon – 1:30 p.m.
Keynote Address by: To Be Announced
Concurrent Educational Sessions (600 series)
1:45 to 3:15 p.m.
601. Patient Discrimination in Admission and Discharge: What Have We Learned?
The onset of the Medicare prospective payment system has triggered new home health incentives and pressures that could encourage home health agencies to "cherry-pick" patients for admission and result in early discharge. Hospice faces a similar environment as the reimbursement system is poorly equipped to address all the needs of today’s hospice patient. As a result, patient complaints and subsequent lawsuits have grown with accusations that providers are in violation of various civil rights laws such as the Americans with Disabilities Act in admission and discharge practices. This program covers the responsibilities of home care and hospice under those laws with a practical approach to compliance and risk management.
Objectives:
1. Identify standards of enforcement under federal and state civil rights laws related to patient admission and discharge.
2. Identify admission and discharge actions that increase risk to home care and hospice organizations for litigation and liability under civil rights laws.
3. Recognize crucial risk management techniques to avoid noncompliance and to address complaints of discriminatory admission and discharge decisions.
Faculty: William A. Dombi, Esq., Director, Center for Health Care Law, Vice President for Law, National Association for Home Care & Hospice, Washington, D.C.
Course Level: Intermediate; 1.5 Nursing CEs; 1.0 Accounting CPE (NASBA/Reg/Eth).
602. HIRING and FIRING—Doing it Right the First Time!
Home care and hospice employers are routinely faced with issues related to employment law. These issues include matters of discriminatory employment actions, worker discipline, employee discharges, and employee leave time. This program provides an overview of state and federal employment laws that are implicated in hiring and firing decisions and offers practical recommendations on managing these legal responsibilities.
Objectives:
1. Identify federal civil rights law standards in the recruitment and hiring of staff.
2. Recognize risk areas in employee discipline actions.
3. Discuss best practices in employment policies regarding hiring and firing.
Faculty: Kathy Albarado, President and CEO, Helios HR, Reston, Va.; Karen Doner, JD, Partner, Williams Mullen, McLean, Va.
Course Level: Intermediate; 1.5 Nursing CEs; 1.0 Accounting CPE (NASBA/SKA).
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