AMCNO Seminars Offer Useful Legal Updates

The Academy of Medicine of Cleveland and Northern Ohio (AMCNO) and the Academy of Medicine Education Foundation (AMEF) sponsored legal seminars held in April were well attended by physicians and physician office staff. Presenters included Brant Poling, Esq. from Sutter, O’Connell and Farchione Co., L.P.A., Edward Taber, Esq. from Tucker, Ellis & West LLP, Amy Leopard, Esq. from Walter & Haverfield LLP, and Heidi Carroll, Esq. from Reminger & Reminger Co., L.P.A. with AMCNO members Dr. Anthony Bacevice and Dr. Paul Janicki each facilitating a session. The presenters informed the audience of the legal issues currently impacting physicians in their practices and offered means to ensure that legal compliance consistently was met.

Legal experts noted that tort reform is working to contain the number of cases; however, specifics were shared on how damages are being expanded. Proactive ways to prevent claims and resulting litigation were offered as well as specific problems that could be avoided with appropriate documentation.

Additional legal advice was provided on the issue of medical privacy litigation and HIPAA compliance, with presenters detailing the necessary office operations’ practices that will ensure compliance. Also discussed was informed consent inclusive of not sharing information about potential complications, supervision of residents, failure to disclose material risks and more. Presenters also covered electronic health records/technology issues and patient communication exploring the different types of legal risks associated with Electronic Health Records (EHR). Attendees were provided with detailed information on the specific risks with managing health information technology (IT), intellectual property issues, privacy and security risks, professional liability risks and fraud and abuse issues.

The final presentation focused on Stark III compliance and prevention of healthcare fraud and abuse by providing information on the most common forms of fraud in the federal healthcare programs and how they are prosecuted. Of interest were examples of Stark violations by physicians and hospitals and the associated penalties incurred as well as the resultant settlements. 

The program did qualify attendees from University Hospitals for two hours of Clinical Risk Management Credit (non-live) towards the required hours for Western Reserve Assurance. The AMCNO plans to offer similar sessions in the future.