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Health Law and Compliance Update, 2019 Edition

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Overview

The 2019 Health Law and Compliance Update, now in its 16th year, continues a publishing tradition that features national experts who address key developments in health care delivery, payment, and compliance. The authors include practical advice and analytical tools for use in organizational compliance programs, in addition to timely and thorough analysis of many substantive topics.

The 2019 Edition includes detailed coverage and expert insights on the following topics:

  • Professional Challenges for Lawyers in Counseling on Health Care Compliance
  • Health Care Compliance Issues in Healthcare Mergers and Acquisitions
  • Compliance Effectiveness in a New Era of Enforcement: Recent Developments and Practical Considerations
  • Health Care Antitrust Developments
  • Enterprise Risk Management and Its Relationship to Research Compliance
  • Labor and Employment Law
  • Compliance Risk and Cyber Risk Management
  • Transforming Day-to-Day Privacy, Security, and Compliance (and How It Makes Your Life Better)
  • Value-Based Care: Policy and Compliance Considerations
  • Funding State Participation for Special Medicaid Reimbursement Programs: The Legal Landscape for Drawing Down Federal Matching Funds
  • The 340B Program Compliance Update
  • Ongoing quality measurement programs
  • Blockchain technology in the health care setting
  • A unique drug testing program in the secondary education setting and related HIPAA and consent issues
  • Regulatory compliance issues associated with the electronic medical record
  • Compliance issues raised in overlapping surgeries

Note: Online subscriptions are for three-month periods.

Previous Edition: Health Law and Compliance Update, 2018 Edition ISBN 9781454884293

Last Updated 11/12/2018
Update Frequency Updated annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543800166
SKU 10045283-0003
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010048337
Table of Contents

Chapter 1

YEAR IN REVIEW: John E. Steiner, Charles Brantley, Kara Simon, Erica Spiro,

Scott Stiefel, Sei Unno

§ 1.01  Introduction

§ 1.02  The Affordable Care Act: Health Care Quality Initiatives in the Balance

§ 1.03  BlockChains in Health Law

§ 1.04  Hopewell Drug Testing Policy

§ 1.05  Health Care Technology Enforcement: Where the Rubber Meets the Road

§ 1.06  Overlapping Surgeries and Patient Safety: An Analysis of Patient Safety and Operating Room Efficiency

 

Chapter 2

PROFESSIONAL CHALLENGES FOR LAWYERS IN COUNSELING ON HEALTH CARE COMPLIANCE:

Andrew J. Demetriou, William W. Horton

§ 2.01  The Evolving Rule of Counsel in Compliance Efforts

§ 2.02  Overview of the Lawyer’s Professional Obligations

§ 2.03  Practical Implications

§ 2.04  Conclusion

 

Chapter 3

HEALTH CARE COMPLIANCE ISSUES IN HEALTHCARE MERGERS AND ACQUISITIONS:

Danielle Sloane, Stefanie Carter, Richard Eiler

§ 3.01  Introduction to Health Care Mergers and Acquisitions

§ 3.02  Recent Trends in Health Care Transactions

§ 3.03  Considerations in Structuring the Deal

§ 3.04  Due Diligence: Why Is It so Important in Health Care Transactions?

§ 3.05  Conducting Diligence: Areas to Review

§ 3.06  Navigating Risk Identified in  Diligence

§ 3.07  Conclusion

 

Chapter 4

COMPLIANCE EFFECTIVENESS IN A NEW ERA OF ENFORCEMENT: RECENT DEVELOPMENTS AND PRACTICAL CONSIDERATIONS: Lauren S. Gennett, Isabella E. Wood

§ 4.01  Introduction

§ 4.02  Current Health Care Enforcement Trends

§ 4.03  Evolution of Health Care Compliance Program Expectations

§ 4.04  Key Themes Regarding Compliance Program Effectiveness

§ 4.05  Practical Considerations

§ 4.06  Conclusion

Appendix A:     Various Permutations on the Seven Elements of an Effective Compliance Program

 

Chapter 5

HEALTH CARE ANTITRUST DEVELOPMENTS: William E. Berlin, Michael R. Greer, John F. Bowen, Abigail L. Kaericher

§ 5.01  Introduction to Health Care Antitrust Concerns

§ 5.02  Hospital, Physician, and Health Plan Merger Enforcement

§ 5.03  Department of Justice Sherman Act Section One Conduct Enforcement

§ 5.04  Private Plaintiff Hospital Litigation

§ 5.05  Certificates of Public Advantage in West Virginia and Tennessee/Virginia

§ 5.06  Non-Compete, Wage-Fixing, and Other Employment Agreements

 

Chapter 6

ENTERPRISE RISK MANAGEMENT AND ITS RELATIONSHIP TO RESEARCH COMPLIANCE: Leah Guidry

§ 6.01  Introduction to Risk Management and Research Compliance Programs

§ 6.02  Enterprise Risk Management

§ 6.03  Research in Academic and Health Care Organizations

§ 6.04  Research Compliance

§ 6.05  Research Compliance Programs and ERM

§ 6.06  Five Topical Areas of Priority for ERM and Research Compliance

§ 6.07  Conclusion

 

Chapter 7

LABOR AND EMPLOYMENT LAW: Damon E. Dunn, Jonathan Vegosen, Cecilia M. Suh,

§ 7.01  Introduction to Labor and Employment Law

§ 7.02  Wages and Overtime (FLSA)

§ 7.03  Leave and Accommodating Employees with Disabilities

§ 7.04  Equal Employment Opportunity and Affirmative Action

§ 7.05  Workplace Safety

§ 7.06  Unions in the Workplace

§ 7.07  Alternative Work Arrangements

§ 7.08  Background Checks

§ 7.09  Restrictive Covenants

§ 7.10  Whistleblower Rights and Remedies

§ 7.11  Medical Marijuana

§ 7.12  Biometric Information Privacy Laws

§ 7.13  Conclusion

 

Chapter 8

COMPLIANCE RISK MANAGEMENT AND CYBER RISK MANAGEMENT: Bob Chaput

§ 8.01  Introduction

§ 8.02  Compliance Risk Management

§ 8.03  Cyber Risk Management

§ 8.04  What Constitutes an OCR-Quality Risk Analysis?

§ 8.05  Jump-Starting Your Cyber Risk Management Program

 

Chapter 9

TRANSFORMING DAY-TO-DAY PRIVACY, SECURITY, AND COMPLIANCE (AND HOW IT MAKES YOUR LIFE BETTER): Robert Lord, John E. Steiner

§ 9.01  Introduction to Privacy, Security, and Compliance

§ 9.02  Data Breach Landscape

§ 9.03  A Survey of Key Technologies That Intersect with the Compliance and Privacy Office

§ 9.04  Old Challenges and New Approaches to Privacy Monitoring

§ 9.05  Beyond the Buzzwords: Why Compliance Analytics Matters to the Privacy Office and Health Lawyers

§ 9.06  Compliance Analytics: A Day in the Life

§ 9.07  Specific Regulations and Guidance Relevant to Privacy Teams and Privacy Technology

§ 9.08  Practical Considerations in Selecting a Privacy Monitoring Solution

§ 9.09  The Prognosis Is Good. What Comes Next Is Up to Us

 

Chapter 10

VALUE-BASED CARE: POLICY AND COMPLIANCE CONSIDERATIONS: Cybil G. Roehrenbeck

§ 10.01 Introduction to Value-Based Care

§ 10.02 Evolution of Value-Based Care

§ 10.03 Affordable Care Act

§ 10.04 Medicare Access and CHIP Act

§ 10.05 Trump Administration

§ 10.06 Conclusion

 

Chapter 11

FUNDING STATE PARTICIPATION FOR MEDICAID REIMBURSEMENT PROGRAMS: THE LEGAL LANDSCAPE FOR DRAWING DOWN FEDERAL MATCHING FUNDS: Joe V. Geraci,  Zubin Khambatta, Eric Weatherford

§ 11.01 How We Got Here—A Brief History of the Medicaid Program and of the Current Landscape Governing How States Can Raise Their Medicaid Funding Obligations

§ 11.02  How Medicaid Funding Works

§ 11.03 Alternative Source for the Non-Federal Share of Medicaid Payments

§ 11.04 The Law Regarding Local Sources of Public Funds

§ 11.05 Enhanced and Special Payment Medicaid Programs

§ 11.06 Conclusion

 

Chapter 12

THE 340B PROGRAM COMPLIANCE UPDATE: Kyle Vasquez, Lidia Niecko-Najjum, Emily Shaw

§ 12.01 Overview of the 340B Drug Pricing Program

§ 12.02 The 340B Program Compliance—Today’s Evolving Audit Environment and Best Practices

§ 12.03 Conclusion

 

Table of Cases

Index

About The Experts
Volumes