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A sound, well-planned compliance program is a commitment to a
level of practice that establishes a minimum standard of practice
in a highly regulated environment. A Compliance Plan is an
analysis of patterns of practice and an adoption by the provider
entity of policies to ensure compliance with the law and professional
ethics. The Firm can implement Compliance Plans and Audits
for Health Care Providers which are consistent with The Office
of Inspector General’s guidelines. The Firm believes that
the existence of a Compliance Program provides evidence that the
Health Care Provider has made reasonable efforts to comply with
the Health Care fraud and abuse regulations. The Compliance Program
demonstrates that the Provider has attempted to identify potential
mistakes and has implemented a method of addressing them. It has
been our professional experience that a Compliance Audit or Plan
of a Provider’s practice can identify potential problems
with respect to contractual relationships, medical billing patterns
and medical record documentation. The Firm has created a Compliance
Plan which incorporates a legal review under the applicable fraud
and abuse regulations, a billing and coding review and a medical
records review which analyzes patterns of practice when properly
adopted by the provider entity assists in ensuring compliance with
the law and professional ethics.
Compliance issues of increasing concern to health care providers
today are the Administrative Simplification provisions of The
Federal Health Insurance and Accountability Act of 1996 (HIPAA), which
call for administrative restructuring in order to meet new privacy
standards and guidelines for electronic claim submissions. Our
regulatory compliance department is well-versed in all matters
relating to HIPAA and offers a program designed to assist healthcare
providers in attaining HIPAA compliance.
Our attorneys are well-versed in the
regulatory exceptions to the Federal Anti-Kickback statute (“Safe Harbor
Regulations”), the “Special Alert” Bulletins, and numerous
Advisory Opinions issued by the OIG. We often structure a provider’s financial
arrangements to ensure timely compliance with this regulatory scheme. HOFFMAN
POLLAND & FURMAN PLLC provides legal assistance on all aspects of regulatory
compliance, including:
- Preparation of individualized compliance plans meeting federal
and state laws and regulations.
- Representation in Office of Inspector General (OIG) and regulatory
investigations and health care litigation.
- Development of corporate policy addressing issues such as:
code of conduct, duties of compliance officers, employee training,
reporting of noncompliance, records management, patient confidentiality,
etc
- Training and ongoing guidance on regulatory compliance policies.
We have also negotiated and implemented Corporate Integrity Agreements
("CIA's") with the Government, and work closely with
several health-care consultants and accounting firms whose personnel
have acted a Compliance Officers for our clients. We develop, review
and maintain all Compliance Policies, Procedures, Standards of
Conduct, and employee compliance handbooks for our Compliance Plan
clients.
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