CHA actively assists hospital compliance officers, privacy
officers and other hospital personnel regarding compliance with
the myriad federal and state laws that govern hospital
administration and the delivery of health care. CHA also
sponsors legislation on behalf of California hospitals on issues
related to compliance.
The California Hospital Compliance
Manual covers high risk compliance issues including uses
of information technology, the False Claims Act, Anti-Kickback
laws, physician self-referral, proper cost reporting practices,
hospital fair pricing policies, and issues for nonprofit and
tax-exempt hospitals. The manual also includes a model compliance
plan that hospitals can adapt to fit their operations.
On January 23, 2013, the California Building Standards Commission
adopted emergency regulations revising the 2010 California
Building Standards Code. One of the key areas impacted was
signage. Hospitals have a lot of signs — large hospitals may
have up to 80 or more different types. Find out about the
emergency regulations and what you need to do to comply.
Emergency rooms within general acute care hospitals and urgent
care centers are now required to post a sign regarding human
trafficking. SB 1193 (Chapter 515, Statutes of 2012) added
Section 52.6 to the Civil Code, requiring specified businesses,
as of April 1, 2013, to post a notice informing the public and
victims of human trafficking about telephone hotline numbers
for getting help or reporting unlawful activity. The required
sign may be downloaded from the California Attorney General’s
website at www.oag.ca.gov/human-trafficking/sb1193.
The Centers for Medicare & Medicaid Services (CMS) has
released a proposed rule revising the survey, certification, and
enforcement procedures related to CMS oversight of national
accreditation organizations (AOs). These revisions would
implement certain provisions under the Medicare Improvements for
Patients and Providers Act of 2008 (MIPPA). Comments on the
proposed rule are due by 2 p.m. PT on June 4. The proposed rule
With the transformation of health care, integrated delivery
systems are rapidly developing to align and coordinate care.
Using co-management agreements is one way for hospitals and
physician group practices to integrate overall care management.
The U.S. Office of Inspector General recently issued an advisory
opinion (No. 12-22, attached below) that evaluated a
co-management arrangement between a rural hospital and a medical
group, and included financial incentives for meeting certain
performance and quality components. The opinion also offers
strategic guidance on building in appropriate safeguards and
avoiding some of the pitfalls when structuring hospital-physician
arrangements that comply with federal laws designed to protect
the integrity of federal health care programs, including the
Anti-Kickback, Civil Monetary Penalty, and Stark law
prohibitions, and the private inurement and private benefit
restrictions that apply to tax-exempt hospitals.
The California Building Standards Commission has adopted
emergency regulations to the 2010 California Building Standards
Code to eliminate conflicts between requirements in the Americans
with Disabilities Act (ADA) and California code. Prior to this
change, hospitals and other businesses were not able to meet both
ADA and California access compliance for signage; seating in
auditoriums, assembly halls and theaters; and water closets and
drinking fountains. Because signage requirements continue to
cause confusion, CHA will hold a webinar March 5, from 10 a.m. to
noon, on hospital signage compliance. Additional information on
the webinar — ADA and California Access Code Signage Requirements
— will be provided early next week.
The California Hospital Compliance Manual is the only publication written for hospital compliance officers that integrates California law and federal law on high-risk compliance areas. Written by Hooper, Lundy & Bookman, PC, and CHA, the 2013 edition has been updated to reflect changes through Jan. 1, 2013 to Medicare and Medi-Cal reimbursement requirements, including physician supervision, repeat admissions, same-day readmissions, leaves of absence, and much more.