William Mack Copeland
President, Copeland Law, LLC
William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is the president and the CEO. He is also the president of the Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent's Award in 2007.
Upcoming Webinar
Civil Monetary Penalties and Exclusion
This webinar will explain the Civil Monetary Penalties Law (CMP) and its mandatory and permissive exclusions and penalties. It will also cover obligations under EMTALA, violations of the Anti-Kickback Statute and Stark including amendments under the PPACA.
Live Session Friday, 26 July 2019, 10:00 AM PDT | 01:00 PM EDT, Duration: 60 Minutes

Recorded Webinar
Physician Employment Agreements: Items to Consider
We will review the various elements of the physician employment agreement, focusing on the pitfalls and the problems that can develop when the agreement does not clearly define the relationship, and/or when the parties do not fully understand what is being agreed to.
Recorded Session Get life time access for one participant with download option!

Federal False Claims Act: Latest Updates and Risk Mitigation Strategies
The session will provide an overview of the Federal Civil False Claims Act (FCA) and how it works. It will also provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the session will review recent cases and show how they potentially impact participants.
Recorded Session Get life time access for one participant with download option!

Medicare Changes for 2018
This webinar will examine changes to the Medicare program for 2018 and provide tips for regulatory compliance.
Recorded Session Get life time access for one participant with download option!

The Stark Rule, Anti-Kickback Statue, False Claims Act and Medicare Secondary Payer Rule
The webinar will provide an overview of the Anti-Kickback Statute (AKS) and review what it prohibits, as well as a general review of the AKS available safe harbors. It will also show how violation of the AKS can raise FCA concerns and it will provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the session will review recent cases and show how they potentially impact participants. We will provide an in-depth review of the AKS, focusing on what is prohibited under the Act and what the exceptions are. We will also review the case law, particularly the early case law that sets the stage and basis for how the courts interpret the law. The webinar will review various cases to show how easy it is to run afoul of the Statute, and how the courts view compliance with it.
Recorded Session Get life time access for one participant with download option!

Marketing to Medicare or Medicaid Beneficiaries - What You Can and Cannot Do
he Anti-Kickback Statute is so broad in what it proscribes, healthcare organizations, conducting what would be normal marketing activities in other industries, have run afoul of the statute on numerous occasions. The Statute and the regulations only tell part of the story. This webinar will review not only the Anti-Kickback Statute and its safe harbors, but will provide an in-depth overview of OIG guidance and advisory opinions dealing with marketing activities, as well as a review of case law regarding marketing behavior.
Recorded Session Get life time access for one participant with download option!

The Disruptive Practitioner: A Danger to the Hospital's Operation
In this training program, attendees will discover how to create a record of disruptive behavior and the efforts taken by the organization to combat the problem. The webinar will also illustrate why such disruptive behavior can be a continuing problem; and therefore, why appropriate documentation is imperative.
Recorded Session Get life time access for one participant with download option!

The Revised NPDB Guidebook: How to Address the New Reporting Requirements
This webinar will discuss changes made to the National Practitioner Data Bank ("NPDB") 2015 Guidebook, released this spring, which replaced the 2001 version. Since this new Guidebook significantly changes definitions and reporting requirements, we will discuss these changes and how they affect, how hospitals and other professional review entities conduct peer review, particularly how investigations are impacted. We will also discuss what changes hospitals and professional review activities should make to their peer review systems.
Recorded Session Get life time access for one participant with download option!

Items to Consider When Negotiating Physician Employment Agreements
Webinar reviews various elements of the physician employment agreement, focusing on the pitfalls and the problems that can develop when the agreement does not clearly define the relationship, and/or when the parties do not fully understand what is being agreed to. Such items as term and termination, termination for cause, duties of the physician, call, non-compete, and compensation are all items that should be clearly set out in the agreement and fully understood by the parties.
Recorded Session Get life time access for one participant with download option!

Developing an Effective and Compliant Health Care Marketing Program
This webinar will provide you a good understanding of what you can and cannot do with regards to health care marketing activities. The penalties for not conducting a marketing program correctly can be severe, including exclusion, civil monetary penalties and even criminal prosecution.
Recorded Session Get life time access for one participant with download option!

Medical Staff Fair Hearings from a Hearing Officer's Perspective - Is Your Process Lawsuit-Proof
It sometimes becomes necessary for the medical staff to recommend to the governing board that the medical privileges of a practitioner be restricted, removed or denied. Before such an adverse action is taken, it is very important that the practitioner is afforded due process that requires planning. It is extremely important to have set the stage properly.
Recorded Session Get life time access for one participant with download option!

Training New Managers: Items to Consider
We will review the key management and legal areas that affect managing employees and provide insight into what the new manager should know. There are many things that should be incorporated into a training program for new managers, some involving good management skills and some having legal implications. All should be considered. Consistency is very important and the new manager must know the hospital's policies and how they have been applied to others so the consistency can be maintained. Managers need to find a middle ground between being too punitive or too lax with employees because either extreme can cause problems. From a legal perspective, liability can result where an untrained manager lacks knowledge in certain legal areas.
Recorded Session Get life time access for one participant with download option!

Dealing with the Disruptive Practitioner in a Legally Compliant Manner
Most disciplinary policies are progressive. A progressive policy applies increasingly more severe sanctions to additional incidents of bad behavior. It is very important that the organized medical staff have a disruptive practitioner policy. This webinar will discuss the development of such a policy, including what it should include, and how it should be implemented.
Recorded Session Get life time access for one participant with download option!

National Practitioner Data Bank: What does it Say about You?
In this webinar we will review the reporting requirements of the National Practitioner Data Bank and who has access to those reports. We will also discuss how practitioners can access the NPDB and find out what has been reported about them. The National Practitioner Data Bank (NPDB) is the federal agency where information is stored regarding settlements, jury verdicts, and any adverse action related to a practitioner. As an example, if a malpractice action is settled by the insurer on behalf of the doctor, it must be reported to the NPDB.
Recorded Session Get life time access for one participant with download option!

Developing a Peer Review System
This program will review the process of setting up an effective peer review system. It will show how the program can be developed, who should be involved and what the components of such a program should be.
Recorded Session Get life time access for one participant with download option!

Economic Credentialing - Abuse of Peer Review?
This program will review the concept of economic credentialing, including the American Medical Association's opposition to it, as well as several other professional associations who object to using economic criteria in the peer-review process. We will review the position taken by the Federal Department of Health and Human Services, Office of The Inspector General review of the concept. The program will conduct an in-depth review of several cases in which economic credentialing has been a prime consideration. Finally, the program will review the projected future on economic credentialing.
Recorded Session Get life time access for one participant with download option!

Items to Consider When Negotiating Physician Employment Agreements
We will review the various elements of the physician employment agreements, focusing on the pitfalls and the problems that can develop when the agreement does not clearly define the relationship, and/or when the parties do not fully understand what is being agreed to. Items such as term and termination, termination for cause, duties of the physician, call, non-compete, and compensation are items that should be clearly set out in the agreement and fully understood by the parties.
Recorded Session Get life time access for one participant with download option!

Healthcare Quality Improvement Act - Achieving Immunity in Your Peer Review Process
This webinar will discuss the Health Care Quality Improvement Act (HCQIA) in detail, including the standards that must be met to achieve immunity under the act. The Health Care Quality Improvement Act of 1986 is, apparently, meant to save the public from incompetent physicians by permitting those physicians on peer review committees to exchange a few words in an open and honest environment and thus pull out incompetent physicians, without the presence of a retaliatory lawsuit by the reviewed physician. The webinar will also review the HCQIA itself, including a detailed look at the Congressional purpose for the Act. The legislative history of the act will be reviewed to gain an understanding of the intent of Congress in passing the Act.
Recorded Session Get life time access for one participant with download option!

Marketing to Medicare or Medicaid Beneficiaries - What You Can and Cannot Do
The federal Anti-Kickback Statute ("AKS") prohibits the offer or payment, as well as the solicitation or receipt, of "any remuneration (including any kickbacks, bribe, or rebate)" in exchange for referrals. The prohibited activity is a two way street, with both the payer and the receiver equally culpable. What constitutes "any remuneration," however, is a gray area. While the statute provides that remuneration includes "any kickback, bribe or rebate," it does not define these terms. Further, there is a prohibition against remuneration "directly or indirectly, overtly or covertly, in cash or in kind."
Recorded Session Get life time access for one participant with download option!

So You Have a Potential Whistleblower Suit: Where Do You Go From Here
The program will provide an overview of the Federal Civil False Claims Act (FCA), including how to determine if you have a viable whistleblower suit. We will discuss what type of evidence you need to have to proceed with the suit. The program will take the FCA and show step by step how an action is filed, how the government responds and how the courts interpret various elements of the FCA. We will discuss proof, damages under the FCA and how a whistleblower is rewarded for bringing a successful case. Retaliation will be discussed, along with and how the whistleblower is protected from retaliation under the FCA.
Recorded Session Get life time access for one participant with download option!

The Federal False Claims Act –the Government’s Enforcement Tool: Is Your Organization at Risk?
Recent cases and/or enforcement actions involving the FCA raise serious concerns regarding compliance issues with hospital, physician practices and other healthcare entities. Recoveries under the FCA are at an all-time high, and the percentage of actions involving healthcare organizations has been increasing at exponential rates.
Recorded Session Get life time access for one participant with download option!

How to Protect Your Hospital from a Claim for Negligent Credentialing
Of the 28 states that have addressed negligent credentialing claims, 26 have upheld the claims and only two have rejected them. Hospitals, as corporate entities, have the ultimate responsibility for the quality of medical care provided in their facilities.
Recorded Session Get life time access for one participant with download option!

Dealing with the Disruptive Practitioner and Meeting the JCAHO Guidelines
Disruptive activity by practitioners in the hospital takes many forms. When it happens, it is important that the hospital and/or the medical staff take appropriate steps to see that it does not affect patient care or disrupt operations.
Recorded Session Get life time access for one participant with download option!

Paying for Referrals: Risky Behavior
The Medicare/Medicaid Fraud and Abuse Anti?Kickback Statute (the "Statute") is alive, still with us and as viable as ever. The Statute provides that the offer or payment, as well as the solicitation or receipt, of "any remuneration" in exchange for referrals of any good, facility, service, or item for which payment may be made in whole or in part under Medicare/Medicaid is prohibited.
Recorded Session Get life time access for one participant with download option!

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