Long Term Care Compliance Institute

The need for an effective compliance program has never been greater. The Affordable Care Act armed the government and its contractors with more tools to combat regulatory noncompliance, and in the past few years, there have been record highs in settlements, recoupments, and arrests tied to fraudulent healthcare arrangements. Operating under the status quo is no longer acceptable and is proving to cost providers millions of dollars in lost revenue and penalties every day.

Every provider must be on the right side of compliance. Compliance is not just a set of policies sitting on a shelf, it is a culture and a way of conducting business. The Long Term Care Compliance Institute is a one-stop-shop for LTC's to establish and implement an effective compliance program. This Institute will help providers understand the intricacies of LTC compliance through educational programs; assist in creating a culture of compliance through an individualized risk assessment, drafting entity-specific Compliance Policies, and onsite staff training, and provide guidance on maintaining acceptable levels of compliance in everyday practice.

The LTC Institute is a scalable product designed specifically for the LTC community. Regardless of the size of your community or the number of programs offered within it, Clark Hill has a compliance program design for your organization that is appropriately scaled and affordable.

Every participant in the LTC Compliance Institute can have trust, and confidence in, the strength of our team supporting the Institute. Comprised of attorneys with more than 200 years in healthcare experience, former Assistant United States Attorneys, and a former Assistant State Attorney General, the Institute has the subject matter experts that participants need and the on-the-ground experience participants depend on.

Participants in the Institute shall also receive the following benefits: 

  • Individualized compliance plan development and drafting
  • Personalized training and education on how to implement your compliance plan
  • Access to sample policies and procedures which are updated in real time based on new developments
  • Hotline availability for reporting compliance concerns
  • Quarterly round table meetings to discuss the latest developments affecting your compliance program
  • Periodic newsletters
  • Real-time alerts on important compliance updates
  • Compliance committee assistance and agenda development
  • Compliance committee chair (upon request)
  • Discounted rate on compliance investigations and audit protocols

For more information about the benefits of the Long Term Care Compliance Institute and how our team can assist your organization with developing and implementing an effective compliance program, please contact any member of our team at 1-800-949-3120.

Experience

Assisted clients on how to respond to growing demands to make their companies and products more sustainable, a goal increasingly being adopted by companies in the health care industry

Tracks regulatory developments for health care industry clients to provide early warning of significant new regulations or risks to a company's business, particularly concerning issues relating to FIFRA compliance for chemicals which claim to reduce Ebola, norovirus, and other viruses that are unlikely to have been explicitly testing in the original pesticide registration process 

Advised on methods of responding to regulatory agency and press concerns about the presence of "toxic" chemicals in products used by the health care industry

Commented on EPA rulemaking s for a trade association representing a segment of in the health care industry 

With assistance from  Kristi Gauthier,  Ed Hammond, Peter Domas and Bishop Bartoni, Kevin Hendrick and Nicole Tersigni successfully defended an insurance priority dispute, resulting in an extremely favorable judgment for firm client, United States Steel Corporation’s ERISA-governed Retiree Benefits Plan.  U. S. Steel Retirement Plan was joined as a third-party defendant in a pending dispute by a No-Fault Automobile Insurance carrier,  which had been sued by a healthcare service provider for unpaid patient attendant care fees.  The No-Fault Carrier claimed that the obligation to pay for these services under Michigan No-Fault law  fell to U. S. Steel Retirement Plan, which covered the patient (who was a former U. S. Steel employee).  Ed, Bishop, Kristi and Peter lent their expertise to Kevin and Nicole in interpreting alleged conflicting insurance priority provisions and explanations of benefits.  Kevin and Nicole crafted a legal argument that ultimately led to summary disposition in favor of U.S. Steel Plan, and against the No-Fault carrier, saving U.S. Steel Plan from payment of the healthcare fees, and also reimbursing U.S. Steel Plan for benefits it had earlier paid by mistake, out of priority.  As the No-Fault carrier had rejected the Case Evaluation award prior to the filing of cross motions for summary disposition, it also appears that attorney  fees are recoverable for our client.  Kristi and Ed on Employee Benefit law, Bishop on Michigan No-Fault law, and Pete on Health Care issues, proved to be unbeatable resources.

Antitrust and Trade Regulation - Reported antitrust decisions include the following: Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 815 F.2d 270 (3d Cir. 1987), rev’g, 632 F.Supp. 653 (M.D. Pa. 1986), cert denied, 484 U.S. 851 (1987); Pennsylvania Dental Association v. Medical Service Association of Pennsylvania, 745 F.2d 248 (3d Cir. 1984), aff’g, 574 F.Supp. 457 (M.D. Pa. 1983), cert. denied, 471 U.S. 1060 (1985).

Representation of rehabilitation entities.
Represented non-profit hospital in a conversion to for-profit status.
Represented hospital in merger transaction.

Managed Care and Health Care Industry Litigation - Counseled clients and litigated third party reimbursement and accounting for reimbursement issues.

Represented physician parties in corporate split-ups.
Represented major corporation in various acquisition and divestiture transactions involving developing technology.
Representation of medical billing companies.

Managed Care and Health Care Industry Litigation - Practiced before state and federal agencies and the courts relating to Medicare and Medicaid reimbursement issues.

Represented nephrology clinics in a merger into a publicly traded company.
Represented parties in sales of medical practices to hospitals and in divestitures of medical practices from hospitals.
Representation of medical staffs and hospitals on amendments to medical staff bylaws.
Formation of and counsel to medical professional corporations.

Antitrust and Trade Regulation - Antitrust litigation experience includes representing clients in the insurance, health care, soft drink, construction, manufacturing, hardware and building materials industries.

Formation of joint ventures between hospitals and physicians.

Managed Care and Health Care Industry Litigation - Litigated issues related to institutional providers’ Medicaid cost reports.

Represent healthcare insurers, third party administrators, managed care organizations and others in contractual, business and other disputes. Representation includes counseling clients and litigating issues regarding payments, accounting for payments, third party administration and self-insured health plan issues, fraud claims, among others

Antitrust and Trade Regulation - Lead Counsel in an antitrust case which successfully put an end to a decade’s long boycott against one of the largest dental insurers in the country.

Managed Care and Health Care Industry Litigation - Litigated provider participation status under the Medicare program.

Counsel to mid-market health care companies including cancer treatment centers, dialysis centers, sleep labs, and ambulatory surgery centers providing lead counsel and coordinating legal counsel on a wide array of matters including corporate matters, operations, acquisition and divestiture transactions, joint venture projects, corporate governance, business planning and financial transactions, and legal compliance.

Formation of joint ventures among physicians.

Health Care Industry Litigation - Participated and litigated in several federal bankruptcy and state court receivership proceedings of hospitals.

News
Clark Hill PLC Receives National and Regional Rankings in the 2021 Edition of Best Lawyers “Best Law Firms”Clark Hill Attorneys Selected for Inclusion in the 2021 Edition of Best Lawyers in AmericaClark Hill Attorneys Named to DBusiness Magazine's 2020 Top Lawyers ListClark Hill PLC Receives National and Regional Tier 1 Rankings in the 2020 Edition of Best Lawyers “Best Law Firms”Clark Hill Attorneys Named 2019 Michigan Super Lawyers & Rising StarsClark Hill Attorneys Named 2019 “Leaders in their Field” by Chambers USAClark Hill Strasburger Member Corinne Smith Named to Trinity University Alumni Association BoardHealth Care Attorney Kevin Wood Featured in Texas Medical Association Article on Investments in Medical PracticesClark Hill Attorney Andrew B. Turk Featured in AZ Business Leaders 2019Clark Hill PLC Receives National and Regional Tier 1 Rankings in the 2019 Edition of Best Lawyers, “Best Law Firms” Sixty-Six Clark Hill Attorneys Named 2018 Michigan Super Lawyers & Rising Stars143 Clark Hill Attorneys Selected for Inclusion in the 2019 Edition of Best Lawyers in AmericaClark Hill Attorneys Named 2018 “Leaders in their Field” by Chambers USAClark Hill Attorneys to Present at the 2017 MCMCFC Spring Management ConferenceClark Hill Princeton Welcomes Attorney Jeanne StiefelClark Hill Attorney Andrew B. Turk Named Top AZ Business Leader by AZ Business MagazineClark Hill Attorney Gerald “Jud” DeLoss to Present Behavioral Health Managed Contracts Webinar on July 14, 2016Clark Hill Attorney Gerald “Jud” DeLoss to Present at the American Health Lawyers Association Annual Meeting in Denver, CO, on June 28, 2016Clark Hill Attorney Andrew B. Turk Named 2016 Top 100 Lawyers in Arizona by AZ Business MagazineClark Hill Attorney Gerald “Jud” E. DeLoss to Teach Health Data Class at Northwestern University Law School February 4, 2016Clark Hill Attorney Gerald “Jud” E. DeLoss to Present at American Health Lawyers Association Physicians and Hospitals Law Institute on February 8, 2016 in Austin, TXClark Hill Health Care Attorneys to Present “The Economics of Medical Practice Under HIPAA/HITECH” Webinar
Articles
Strict Rules Addressing Opioid Crisis Create Risks for Physicians - Healthcare Risk Management MagazineCorinne Smith quoted in Health IT Security - "AI, IoT, Medical Devices Top Health Cybersecurity Predictions for 2019"Corinne Smith quoted in Medical Economics - "Dealing With EHR Buyer's Remorse"Corinne Smith quoted in Health IT Security - "Biggest Challenges, Lessons Learned from Health Cybersecurity in 2018" Andrew Turk Named 2017 Top AZ Business Leader by AZ Business MagazineRelationships & the Law Today: Protecting Your Interest in Shared Assets after Blumenthal v. Brewer - Windy City Times, October 19, 2016Relationships & the Law Today: Married on Sunday, Fired on Monday: Recent Developments in Employment Law - September 21, 2016Jud DeLoss Quoted in Alcoholism & Drug Abuse Weekly: Illinois residents with good insurance targeted by Florida provider – June 13, 2016Gerald DeLoss Quoted in "How Electronic Health Records Can Hurt You in Malpractice Suits" By InsureonTop 10 Health Law Issues 2016 by AHLA Connections Health Attorney Gerald DeLoss: Data Sharing, Use Agreements in the Midst of an Evolution (Q&A) in FierceEMR - February 5, 2016Gun safety: HIPAA change allows providers to report on some mentally ill patients No Pharmacist Duty to Monitor Patient Prescription History by Courtney Posnik in IAHA Magazine Overpayments: Key Issues Physicians Should Consider, Legal Matters, The ChicagoDoctor.com - Part 2 of 2Overpayments: Key Issues Physicians Should Consider, Legal Matters, The ChicagoDoctor.com - Part 1 of 2Relationships & Law Today: Healthcare Decision-Making for the LGBTQ Community - August 12, 2015The Hospital Readmission Reduction Program: Fraud and Abuse Concerns - Spring 2015Story Behind 'The SGR Fix' in 900 Words or Less - Healthcare Michigan, May 2015Patient-Physician Confidentiality: 'Til Death Do Us Part?A Crystal Ball: Managed Care Litigation in Light of the Patient Protection and Affordable Care Act, The Health LawyerHealth Care Without Borders in DBusiness, November-December 2014Thinking of Investing In, or Renting Space In, an ASC? Have You Taken Compliance into Consideration?"Not-So-Friendly Competition" in Sleep Review: The Journal for Sleep SpecialistsHow to Legally Break Up With Your PatientHospital Incentives to PhysiciansManagement and Third-Party Billing Companies Management and Third-Party Billing CompaniesHospital Incentives to PhysiciansReporting Post-Operative Pain Management Procedures in 2013A Survey of State Prompt Pay Laws, Part IISo You're Thinking of Getting into the Business of Healthcare? Here Are the Top 5 Things You Need to KnowA Survey of State Prompt Pay Laws, Part IWhat You Need to Know About the Supreme Court's Decision on Health Care ReformSocial Media Policies: Do I Really Need One?Five Steps to Protect Your Organization from HIPAA AuditsThe Required Hospital Standard Charge Publication That You Probably Missed, American Health Lawyers Association Hospitals & Health Systems RXAnesthesiologists Should Beware of HIPAA Audits
Presentations
Webinar: The Economics of Medical Practice under HIPAA/HITECHWebinar: Entrepreneurial Medicine: Opportunities to Enhance Your Practice and Bottom LineWebinar: Physician Compensation Reform: How You Will Get PaidPhysician Webinar Series
Media
Illegal Pill Presses: An Overlooked Threat To American PatientsNursing Home Litigation with Andrew Turk By The Legal Broadcast Network