Email podcast@affiliatedmonitors.com with comments or questions.
Engineering, production, and music by Dan Barton
Email podcast@affiliatedmonitors.com with comments or questions.
Engineering, production, and music by Dan Barton
Troutman Pepper’s Miranda Hooker joins the Integrity Through Compliance podcast to discuss her 20 years of experience as a white-collar attorney in the healthcare space, both as corporate defense attorney and as a federal healthcare fraud prosecutor. Together with AMI’s Jim Anliot and Jesse Caplan, she discusses the the growing opportunities, the significant compliance risks, the available compliance guidance (and the limits to that guidance), and how to mitigate the potential for government investigations and enforcement actions. There are huge potential opportunities for healthcare entrepreneurs in 2021, in addition to potential landmines that business leaders trip upon when they aren’t properly prepared. Visit the Affiliated Monitors website for the episode transcript.
Topics discussed:
• How the pandemic has prompted huge opportunity for improvement in innovation and infrastructure of the healthcare system — national efforts at collecting COVID data have demonstrated how much room there is for improvement
• The huge increase in the adoption of telehealth services, and the scope of services which can be delivered remotely; the opportunities to better operationalize these innovations
• How to view healthcare from a more holistic perspective, rather than simply treating one specific condition
• How the future may shift away from the typical “fee for service” payment model in favor of alternative methods, such as value-based care models (which incentevise patient outcomes), accountable care organizations, concierge medicine (which involve a flat yearly fee for a range of services)
• How state licensing boards are adapting to interstate flexibility with the rise in telehealth services
• What entrepreneurial investors and venture capitalists need to know about entering the healthcare industry
• Where fraud and abuse concerns fall among the many considerations of entrepreneurs as they develop products and services
• The conflicting perspectives from which entrepreneurs and regulators view the healthcare marketplace
• Getting quality advice, and learning the regulatory landscape before launching a business, to assess whether the proposed business model will even work
• New DOJ guidance on compliance that reflects their understanding that it’s a constantly evolving landscape, and there is no one size fits all approach
• The importance of having a compliance officer who is visible throughout the company, and who is seen as a resource for making things better, as opposed to a “supercop” enforcer.
• The importance of a training program that involves compliance — not only in terms of the rules, but how the compliance program affects their particular role
• Whistleblower protections: employees need to know that if they report a problem, they will be protected from retaliation
Email podcast@affiliatedmonitors.com with comments or questions.
Engineering, production, and music by Dan Barton
Recorded before the recent Colonial Pipeline Ransomware attack, Affiliated Monitors, Inc.’s Managing Director, Dionne Lomax, sat down with Dentons’ Kelly Graf to discuss Privacy and Cybersecurity Issues for 2021 and Beyond. Kelly shares with our listeners how mature their security programs need to be in light of ransomware, phishing, and a post-COVID-19 Work From Home data protection environment. Now that cybersecurity is in the news more than ever, this conversation couldn’t be more relevant.
They cover topics including:
• The multi-trillion dollar growth in this criminal industry over the last decade
• The importance of remote working standards and network segmentation
• Class action lawsuits regarding large scale data breaches
• Ongoing trends in FTC enforcement of COPPA
• The modern sophistication of phishing and social engineering attacks
• The perverse incentives created by, and the unintended consequences of, the growing cybersecurity insurance industry
• The creative ways that lawyers have used outdated privacy laws to bring data security lawsuits
In this weeks installment, Jesse Caplan, Dionne Lomax, and Jim Anliot team up to discuss wide ranging risks and opportunities for healthcare practitioners and entrepreneurs. Dionne Lomax reflects on the unprecedented collaboration that was necessary to provide quality care in the height of the COVID-19 crisis. But antitrust and fraud concerns come with the territory, and the panel provides anecdotes and advice for dealing with this collaboration. Additionally, Jim Anliot’s main advice for anyone looking to innovate in the healthcare space with a new idea or service needs the guidance of experts to navigate the extremely complicated regulatory landscape.
Email podcast@affiliatedmonitors.com with comments or questions, and be sure to subscribe and/or leave a review if you enjoy this show!
In part two, the trio shifts their focus to independent monitoring. People have some misconceptions about monitoring. Most companies don’t particularly welcome having a monitor. They view it as intrusive. They view it as — in some cases — unnecessary.
Historically, prosecutors (including the Department of Justice) are not necessarily focused on what happens after there’s a conviction. You get the result; you move on to the next investigation. What happens to the company? Does it really get the message, and has it made changes? Have prosecutors become more focused on what happens after the conviction, and if so, why?
The first question is: how do you determine whether there’s a need for a monitor? And that really focuses on the issue that has been identified, which is that the purpose shouldn’t be punitive. The monitor is not intended to be a form of punishment. It’s supposed to be prospective.
The second question is: what is the scope of responsibilities of the monitor? A company may have made a mistake in one area. Do we give them monitor authority over that area alone, or do we broaden the authority of the monitor?
As is our “Integrity Through Compliance” tradition, Rod and Eric share their key takeaways on monitoring:
Eric:
Rod:
Affiliated Monitors Managing Director Don Stern hosts an engaging conversation with the Former Deputy Attorney General, King & Spalding’s Rod Rosenstein, and Affiliated Monitors Managing Director Eric Feldman as they commence a two-part podcast on “The Past, Present and Future of Compliance and Independent Monitoring.”
In part one, the trio looks at compliance, with a particular focus on the DOJ guidance as it has been articulated over the past two years. The panel discusses where compliance is now, where it is headed, and what companies might do to prepare for the closer look that they might receive from increased DOJ scrutiny under the current administration. In two weeks, the panel will return for part two, where they will shift their attention to monitoring. As is our “Integrity Through Compliance” tradition, Rod and Eric will share their key takeaways on
compliance:
Rod
1. Investing in compliance brings a positive return on investment
2. Compliance is about culture and not just the written rules
3. Compliance policies need to be reviewed on a regular basis
Eric
1. Compliance programs should be based on actual risks of your company
2. Take a strong look at how and whether the company is incentivizing the right kind of behavior.
Contact: podcast@affiliatedmonitors.com
Learn More: affiliatedmonitors.com/integrity-through-compliance-podcast
Music and Audio Production by Dan Barton
Mikhail Reider-Gordon and Eric Feldman come together for the second half of a two-part series on independent monitoring. Today, they discuss the ongoing trends and make a few predictions for the future.
Resources
Contact: podcast@affiliatedmonitors.com
Learn More: affiliatedmonitors.com/integrity-through-compliance-podcast
Music and Audio Production by Dan Barton
This podcast focuses on the role of an independent monitor. You will hear from two of AMI’s experts in corporate compliance and ethics, Senior Vice President, Eric Feldman and Managing Director, Mikhail Reider-Gordon, provide practical advice about the benefits of having an independent monitor.
Resources
Contact: podcast@affiliatedmonitors.com
Learn More: affiliatedmonitors.com/integrity-through-compliance-podcast
Music and Audio Production by Dan Barton
This podcast introduces you to Joseph K. West, Partner and Chief Diversity and Inclusion Officer at the law firm of Duane Morris. The discussion focuses on the proven benefits of having a diverse workforce, as well as the commitment necessary to make diversity and inclusion a critical component of your organization. AMI’s Managing Directors Brenda Morris and Dionne Lomax are your hosts.
Resources:
https://www.duanemorris.com/
Contact: podcast@affiliatedmonitors.com
Learn More: affiliatedmonitors.com/integrity-through-compliance-podcast
Music and Audio Production by Dan Barton
