Managing Legal Exposure in Radiology — Sessions
Thursday, October 16, 2008
8:30 – 8:45 am
General Welcome
8:45 am – 9:45 am
GENERAL SESSION
Introduction to Health Law: A Practical Guide to the Basic Concepts and Principles
C. Mitchell Goldman, JD
This introductory session will focus on the basic legal concepts that impact healthcare providers and that all practitioners should know. Some of the issues to be addressed will be HIPAA (health care privacy), Medicare and Medicaid fraud and abuse compliance, and corporate practice of medicine issues. A brief update on recent regulatory changes will also be discussed.
9:45 am – 10:00 am
Break with Sponsors
10:00 am – 11:30 am
GENERAL SESSION
Mock Deposition
Leonard Berlin, MD, FACR, and Lawrence R. Muroff, MD, FACR
No one wants to find themselves involved in a deposition. Documentation, standards of care, adherence to policies and procedures, patient communication – all are the subject of extreme focus when a medical malpractice lawsuit occurs. This “mock deposition” will role play both a radiologist and a practice administrator being deposed, and will illustrate the importance of clear documentation and compliance with policies.
11:30 am – 1:00 pm
Lunch
1:00 pm – 2:15 pm
CONCURRENT SESSIONS
Employment Law 101
Eartha Jean Johnson, JD, SPHR
This session provides management with a working knowledge of various employment laws so they can effectively address concerns and conduct that expose them and the company to liability. Employment Acts covered include Americans with Disabilities, Age Discrimination in Employment, Family Medical Leave and Pregnancy Discrimination, as well as Title VII. We also address the impact of retaliatory behavior and the necessity of proper documentation practices.
The Laws Keep Changing: Ask the Speaker How to Market in a Compliant Fashion
W. Kenneth Davis, Jr., JD
With reimbursement sliding, marketing your practice is an absolute, but it can create legal problems for your practice if you don’t understand the laws or if you fail to take proactive steps to stay compliant. Initially, this session will briefly review common marketing tools used by radiology businesses and the key laws that are potentially implicated. For example, it will examine the Stark Phase III changes to the non-monetary compensation exception. It will next lay out practical guidelines for structuring your marketing and related compliance efforts. Most of the session will then be devoted to an extended question and answer opportunity for the participants. The intent is to provide an informal environment in which participants can ask about real world situations they have faced, and then obtain guidance on the legal issues, with all of the participants benefiting by hearing what their colleagues are experiencing and how the legal limitations can be addressed.
2:15 pm – 2:45 pm
Break with Sponsors
2:45 pm – 3:45 pm
GENERAL SESSION
Legalities of Radiology as a Business
Mitchell Gerstein, CPA, MST
The establishment of a radiology business is full of questions and decisions. For example, determining which entity is most appropriate for your practice – corporation, partnership or LLC. What are some legitimate asset protection ways to minimize radiologists’ personal liability in regards to nonprofessional matters, and safeguarding medical practice assets? What limited liability is afforded a corporate shareholder versus a LLC partner? What is the difference between a shareholder, an officer or director, and a general or limited partner? All this and more will be addressed in the session.
3:45 pm – 4:45 pm
GENERAL SESSION
What Radiology Practices Should Know About the Antitrust Laws
John J. Miles, MS, JD
This presentation will explain general antitrust-law principles, particularly as they apply to radiology practices. The presentation will explain the basic purposes of the antitrust laws and the types of conduct violating sections 1 and 2 of the Sherman Act and section 7 of the Clayton Act. Specific topics covered relating to radiology practices that will be covered include staff-privilege denials, exclusive contracts between hospitals and radiology practices, boycotts of hospitals by radiology groups, radiology practice mergers, joint ventures between radiology practices and hospitals, radiology society activities, single-specialty radiology IPAs and contracting networks, managed-care organization mergers, and lawful ways to avoid managed-care market power.
4:45 pm – 6:00 pm
Reception
Friday, October 17, 2008
8:00 am – 9:15 am
GENERAL SESSION
Roles and Responsibilities of a Radiologist When Serving as Medical Director
Thomas W. Greeson, JD
In this session, various settings where radiologists assume medical director responsibilities, i.e., hospitals, IDTFs and physicians offices, will be considered and new CMS requirements for supervision in Independent Diagnostic Testing Facilities (IDTFs) will be examined.
9:15 am – 10:15 am
GENERAL SESSION
Pensions, Investments and Taxation – Legal Ways to Defer Income
Mitchell Gerstein, CPA, MST and Lawrence R. Fiorini, CFP®
The focus of this session is on gaining a better understanding of the types of retirement plans that exist today, specifically highlighting Cash Balance and ESOP plans. Plans available to all size businesses and individuals including available investment choices and the fiduciary responsibilities will be outlined. The goal is to present the positive impact retirement plans have on meeting retirement goals while rewarding long-time employees. Retirement plans are one of the last remaining legal tax shelters reducing current personal and corporate income taxes. This session will explore the tax benefits of retirement plan contributions.
10:15 am – 10:30 am
Break with Sponsors
10:30 am – 11:30 am
CONCURRENT SESSIONS
How to stay out of Court, Negative Headlines and Jail
Eartha Jean Johnson, JD, SPHR
This session will train personnel at all levels on how to avoid making mistakes that often lead to costly settlements, litigation, regulatory sanctions and criminal liability. Your key personnel will learn practices to reduce liability associated with their actions and communications, with an emphasis on documentation.
Hazards of Government Healthcare Programs: Compliance, Whistleblowers, and the False Claims Act
Robert Vogel, JD
The civil False Claims Act has been the Government’s preferred tool for recovering funds from health care providers who “knowingly” submit false claims to Medicare or Medicaid. A Florida radiologist recently paid the Government $7 million – of which a whistleblower received 25% -- to settle claims that imaging centers were billing for CT scans that were not ordered, not medically necessary, and sometimes not performed. The Government is currently pursuing another case alleging that outpatient diagnostic radiology centers and their owner billed Medicare for venograms that were not provided. This session will explain the Act, as well as some compliance strategies for avoiding its consequences.
11:30 am – 1:00 pm
Lunch
1:00 pm – 2:00 pm
CONCURRENT SESSIONS
Tax-Exempt Laws and Radiology Groups: Myth versus Reality
W. Kenneth Davis, Jr., JD
There’s no doubt that 501(c)(3) tax-exempt hospitals are under much greater scrutiny today than they’ve ever been in the past. The plaintiffs’ bar has come after them, some state attorneys general are calling into question their tax treatment under state laws, and key members of Congress are considering whether the Federal tax laws should demand more in return for granting tax-exemption. As a result, so-called “(c)(3)” issues are frequently raised by hospitals with respect to their relationships and dealings with physicians. This session will provide participants with a general understanding of the basic (c)(3) principles and requirements, with an examination of the contexts in which the issues often arise. With this basic understanding, the session will then seek to separate myth from what really is legally required so that radiology groups can be more effective when negotiating with tax-exempt hospitals.
Practice Corporate Documents Tune-up: Employment and Buy-Sell Agreements and Bylaws
Jeremy N. Miller, JD
Every radiology group needs to insure that its key corporate documents are well written and up-to-date. This session will explain the key provisions that need to be addressed in every group's employment and buy-sell agreements and corporate bylaws- and the risks of not doing so.
2:00 pm – 2:15 pm
Break with Exhibitors
2:15 pm – 3:15 pm
GENERAL SESSION
ACR Hot Legal Issues
Thomas R. Hoffman, JD, CAE
In the volatile world of medical imaging in 2008, any proposed or current business arrangement with other physicians and providers carries legal meaning. The American College of Radiology Legal Office has a birds-eye view of many hot legal issues that confront radiologists around the U.S. Learn in this session what ACR’s Legal Office does for ACR and RBMA members. Hear about some hot legal topics we tackle such as teleradiology, self-referral and ethics. Gain practical tips on what questions to ask of your radiologists and other parties about an arrangement – and where to go for legal counsel.
3:15 pm – 4:15 pm
GENERAL SESSION
Keys to Managing Risk in the Radiology Setting
Brenda Gilbert Wynkoop, CPHQ
This session will provide managers and executives with key concepts and basic information to incorporate risk management strategies into their day to day activities. The session will provide practical information on areas of risk for the radiology business and provide a link between quality and performance improvement efforts and their risk management efforts. The session will provide information for managers on reinforcing staff compliance to the risk management efforts of the business.
4:15 pm – 4:30 pm
Closing Remarks
