You are the very first compliance officer at a hospital system comprised of four hospitals and seven physician offices. The hospital system has a non-profit status. The chairman of the board wants to know more about your role and what you will be accomplishing for the hospital system. More importantly, he is very concerned about possible liability both enterprise wide and personal in nature. The Chairman also serves as the chief surgeon of the hospital system. Other members of the board include the COO, CEO, Attorney, an anesthesiologist, an oncologist, an accountant and a nurse manager.
Deliverables:
Include an outline and use APA FORMATS FOR THIS WORK.
You were asked to draft a memo and corresponding presentation(POWERPOINT) for the board of directors. The board needs you to present a paper and presentation addressing the following.
- What are your duties as a compliance officer? Why See: http://www.hcca-info.org/ Make the case that you should report to the Board of Directors.
- What is the Stark Law? Who does the law pertain to exactly? How does it differ from the Anti-Kickback Statute? See: http://oig.hhs.gov/compliance/provider-compliance-training/files/StarkandAKSChartHandout508.pdf
- Describe the exceptions to the Stark Law. Focus in on how the compensation agreement exception works. What is the rationale for it? Give an example of a fact pattern that will legally trigger the exception.
- Which federal agencies provide information and support regarding the Stark Law? Provide specific examples.
- What is a corporate integrity agreement? Find one that mentions either a Stark or Anti-Kickback violation. Which provider was cited? What was their penalty?
- Can the board of directors be held personally liable for Stark and/or Anti-Trust violations? What do they need to know to avoid personal exposure? Where can they learn more about their potential legal liability?
- Create a list of sources for future use: the CFR section, a law review article, links to federal websites, stakeholder associations for hospitals, one hospital website that describes their compliance program, a white paper or journal article and a news article.
Your submission must be submitted in the form of a typed double-spaced paper. The final draft of the paper shall consist of 7-10 pages (not to exclude 10 pages). The page count does not include the required APA formatted cover page, reference page and/or any graphical illustrations. Use headings to organize your paper. Legal citations should be used to the best of your ability.
For the corresponding presentation, you use POWERPOINT. Remember that your audience is physicians and executives. How do you present to VIPs? Also, the objective of the POWERPOINT is to inform, advise, influence and convince. The presentation is not just a summary of the paper.
