Shows
The EdUp ExperienceLIVE from the 2025 Middle States Commission on Higher Education Annual Conference - with Chuck Ambrose, Senior Education Consultant, Husch Blackwell ConsultingIt's YOUR time to #EdUp with Chuck Ambrose, Senior Education Consultant, Husch Blackwell Consulting, & Host of EdUp InsightsIn this episode, recorded Live from the Middle States Commission on Higher Education 2025 Annual ConferenceYOUR cohost is Elvin FreytesYOUR host is Dr. Joe SallustioHow did Husch Blackwell Consulting launch as a wholly owned subsidiary in June after 3 years of building comprehensive legal practice by adding Campus Compass diagnostic tool & strategic consulting to complement regulatory & compliance support?Why does Chuck with 47 years in higher ed & 25 years as president or CEO believe podcasting provides an...
2025-12-1215 min
False Claims Act InsightsThe Mathematics of Nuclear FCA VerdictsHost Jonathan Porter welcomes back to the show Husch Blackwell attorney Tanner Cook to talk about the trial penalties associated with False Claims Act (FCA) litigation. The conversation begins with a short summary of how damages are tallied and awarded in the FCA context and how these can quickly accrue into an enormous sum of money. Jonathan and Tanner then dive into why FCA trials are the exception rather than the rule and the central role trial penalties play in the way most defendants assess risk. By statute, the FCA imposes treble damages and per-false claim damages, the latter o...
2025-07-2823 minFalse Claims Act InsightsBitter Pills: DOJ Targets Pharmacies for FCA EnforcementHost Jonathan Porter welcomes back to the show Husch Blackwell attorney Abe Souza to discuss False Claims Act (FCA) enforcement in the pharmacy context. Pharmacies face multiple pressures, from disruptive online enterprises that threaten brick-and-mortar profitability to heightened regulatory vigilance concerning opioids. As pharmacies contemplate how to tweak business models to operate more profitably, the risk of violating FCA provisions is something that compliance programs must consider carefully.Our discussion kicks off with DOJ’s focus on opioids and its use of the FCA to accomplish its policy ends. As Abe explains, the FCA’s civil penalty model i...
2025-06-3028 minFalse Claims Act InsightsStranger Than Fiction? An FCA April Fools’ Day EpisodeHost Jonathan Porter welcomes back to the show Husch Blackwell partner Rebecca Furdek and enlists the assistance of Steve Renau, the firm’s Head of Thought Leadership, for a fun-filled April Fools’ Day episode. Jonathan and Rebecca recount three stories involving False Claims Act-related violations or mishaps and ask Steve to choose the one that was fabricated or made up. How difficult will it be to distinguish between fiction and reality? You might find the answer to be surprising.The episode highlights the role of storytelling in defending against FCA allegations. In many respects, FCA investigations and prosec...
2025-03-3124 minFalse Claims Act InsightsEmptying Our FCA Notebook: A Summary of Recent FCA-Related DevelopmentsHost Jonathan Porter welcomes back to the show Husch Blackwell litigator Tanner Cook to discuss an assortment of recent False Claims Act-related legal and policy developments. A U.S. Supreme Court FCA decision, a rare FCA jury trial result, and a growing circuit court split—Episode 21 covers all of these developments and more.The discussion begins with the February Supreme Court unanimous decision in Wisconsin Bell that clarified important concepts surrounding the definition of a claim under the FCA. While a victory for the whistleblower, the decision was a narrow one, leaving some important questions untouched, including the c...
2025-03-1732 min
Hospice Insights: The Law and BeyondPsychedelics and End of Life Care: Understanding the Legal LandscapeThere has been a lot of buzz around psychedelics and particularly their potential usefulness in treating existential suffering at the end of life. Husch Blackwell was the first law firm in the country to establish a Psychedelics & Emerging Therapies practice group devoted to helping clinicians, researchers, and investors navigate the complex and difficult legal and regulatory issues involved in developing new therapies in this space.In this episode, host Meg Pekarske is joined by the leaders of Husch Blackwell’s Psychedelics & Emerging Therapies practice group, Kimberly Chew, Karen Luong, and Natasha Sumner, who provide an overview of wh...
2025-03-1233 min
Manufacturing TomorrowErik Dullea, Husch BlackwellWe welcome Erik Dullea, a partner at Husch Blackwell, who brings over 30 years of experience in government, law, and business. Specializing in cybersecurity and legal issues affecting the manufacturing sector, Erik recently co-authored the Cybersecurity section of Legal Insights for Manufacturing: Outlook for 2025, offering critical guidance on evolving regulations, including cybersecurity rules for critical infrastructure and new SEC requirements.A retired Navy officer, Erik served as a fighter pilot on active duty and later as a naval intelligence officer in the reserves. His expertise at the intersection of law, technology, and manufacturing is further strengthened by his legal background—ho...
2025-02-2425 minFalse Claims Act InsightsSome FCA Whistles Are Louder Than OthersHost Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam litigation, as well as DOJ’s False Claims Act priorities and best practices for defusing FCA investigations. There was a record number of qui tam lawsuits filed in 2024, and while whistleblower filings hit an all-time high, DOJ’s recoveries and investigative resources have remained mostly flat, leading to a crucial question—how does DOJ decide which qui tams to pursue?Jonathan and Abe use their expe...
2025-02-1839 minFalse Claims Act InsightsHow Tariffs Can Increase Whistleblower Activity and Associated FCA LiabilityHost Jonathan Porter welcomes Husch Blackwell partner Bob Romashko to the show to discuss an emerging area of False Claims Act liability—tariffs. True to his campaign promises to impose additional tariffs on major U.S. trading partners, President Trump has been active early in his second term wielding the threat of tariffs against friend and foe alike.As the tariff regime potentially expands, so do the risks posed by whistleblowers who could benefit from alleging violations of trade law. Jonathan and Bob summarize at a high level the tariff system and how its regulatory framework creates the p...
2025-02-0440 minFalse Claims Act InsightsIs DOJ Allowed to Share Privileged Documents with Whistleblowers in FCA Disputes?Host Jonathan Porter welcomes Husch Blackwell partner Kip Randall back to the program to dig deeper into Omni Healthcare, Inc. et al v. MD Spine Solutions LLC et al., a False Claims Act litigation in which the defendant inadvertently waived privilege by sharing documents with the U.S. government, documents that later found their way to the whistleblower. The discussion begins with a brief summary of what information the Department of Justice can access through civil investigative demands (CIDs) and what is off limits to government investigators, including documents that fall under attorney-client privilege; however, the right to...
2025-01-1328 minFalse Claims Act InsightsSwamp Things: A Post-Election Look at DOJ’s False Claims Act Enforcement, Part IIHost Jonathan Porter welcomes Husch Blackwell partner Cormac Connor back to the show for the second part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).In Part I of the conversation, Jonathan and Cormac provided an overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. They also covered important changes in policy ov...
2024-12-3027 minFalse Claims Act InsightsSwamp Things: A Post-Election Look at DOJ’s False Claims Act Enforcement, Part IHost Jonathan Porter welcomes Husch Blackwell partner Cormac Connor to the show for the first part of a two-part conversation exploring the 2024 U.S. presidential election’s potential impact on how the Department of Justice approaches the enforcement and prosecution of corporate crime, particularly violations of the False Claims Act (FCA).The conversation begins with a brief overview of how transitions work from one administration to another, both at Main Justice in Washington as well as in the U.S. Attorneys’ offices around the country. Jonathan and Cormac cover the distinction between political appointees and career DOJ employe...
2024-12-1625 minFalse Claims Act InsightsHow a Marine Fisheries Dispute Opened an FCA Can of WormsHost Jonathan Porter welcomes Husch Blackwell litigator Tanner Cook to discuss how the U.S. Supreme Court’s Loper Bright decision from earlier this year could have a major influence on False Claims Act litigation. The Court’s decision in Loper Bright ended decades of so-called Chevron deference, which held that courts had to defer to administrative agencies’ interpretation of the law when a statute was silent or ambiguous on a particular issue. Instead, Loper Bright affirms the idea that courts reviewing agency actions “decide all relevant questions of law.” This change could have a powerful impact on FCA litigation, as...
2024-12-0226 minFalse Claims Act InsightsPowerful, But Not All-Powerful: CIDs in FCA LitigationHusch Blackwell’s Rebecca Furdek joins host Jonathan Porter to discuss civil investigative demands (CIDs), how and when the Department of Justice (DOJ) uses them in the False Claims Act context, and what companies can do to limit or set aside CIDs. Given how broad and powerful a tool CIDs are—and given the potentially enormous consequences that hang on responses to CIDs—Rebecca and Jonathan explore at length the statutory foundation of CIDs and how companies should approach these demands to produce information.There are few statutory limitations on the scope of information the government can demand...
2024-11-1331 minFalse Claims Act InsightsAre the FCA’s Qui Tam Provisions Unconstitutional? One Federal Judge Says “Yes”Host Jonathan Porter is joined by Husch Blackwell partners Jody Rudman and Lorinda Holloway to discuss the implications of a September 2024 federal court decision from the Middle District of Florida that strikes down the False Claims Act’s qui tam provisions as unconstitutional. Our conversation begins with a brief overview of the lawsuit, U.S. ex rel. Zafirov v. Florida Medical Associates, LLC, and the constitutional questions it raises. We examine the case law history of similarly situated cases in other trial and circuit courts and review the prevailing jurisprudence of the constitutional law at the heart of the recent...
2024-10-0925 minFalse Claims Act InsightsIf Everything Matters, Nothing Does: Parsing Materiality in FCA DisputesHost Jonathan Porter welcomes Husch Blackwell attorney Kip Randall to the podcast to discuss the beguiling notion of materiality in the context of False Claims Act litigation. Kip and Jonathan draw from case law to illustrate how courts have construed the materiality standard, including the court’s analysis in a seminal Fourth Circuit case that looked to the essence of what the underlying contract was meant to accomplish and how the contractor was perceived to perform within that context. Kip and Jonathan then apply the materiality standard to a range of hypothetical scenarios, including disputes concerning novel areas...
2024-08-1231 min
Big Law Life#30: The Ultimate In-House Training Program: Insights from Husch Blackwell's Joe GlyniasIn today's episode, I am joined by Joe Glynias, chair of Husch Blackwell. He is based in St. Louis and focuses his practice on employment law. As a former Executive Board member, Joe helped modernize the firm's evaluation metrics and became Husch Blackwell's chair on April 1, 2024. He co-led the launch of HB In-House, a unique career development program designed to help lawyers transition to in-house roles and enhance client service. We discuss how law firm lawyers can better understand in-house roles to enhance client service and prepare for potential transitions to in-house positions. Joe shares insights into...
2024-07-2435 minFalse Claims Act InsightsEureka! Government Investigators Seek Out Research MisconductHost Jonathan Porter welcomes Husch Blackwell attorney Karen Courtheoux to the show to discuss the False Claims Act in the context of government-funded research programs that are often carried out under the auspices of institutions of higher education. Their discussion kicks off with a short summary of the mechanics of government research funding and the reporting processes of the post-award monitoring phase of research. From there, the conversation turns to the various sets of rules in play across the expanse of government-funded research, including how research misconduct is defined and how compliance works in this context.J...
2024-07-1530 min
The Legal DepartmentHow Big Law Is Helping Develop The Legal Department: Joe Glynias Husch Blackwell (E30)ICYMI, there's a sea change happening at law firms. Progressive firms like Husch Blackwell are recognizing that law practice isn't a one-size-fits-all career. After noticing that colleagues who left the firm for in-house roles were unprepared or maybe didn't find the right fit, Glynias worked with the professional development team led by Sommer Bougie and in-house lawyers from the firm's client base to develop a program to help its own attorneys explore in-house careers. The firm estimates that 42% of its business comes through in-house alumni. But the business case wasn't the "why" for creating this program, Joe and Husch Black...
2024-05-2139 minFalse Claims Act InsightsAre We Done Here? The Unique Dynamics of FCA SettlementsHost Jonathan Porter welcomes Husch Blackwell’s Lorinda Holloway to explore settlements in the context of False Claims Act (FCA) litigation. Jonathan and Lorinda discuss the differences between FCA settlements and those typically seen in commercial litigation. They explore what is meant by “covered conduct” and why broad releases are rarely seen in FCA settlements. The presence of whistleblowers, or relators, is another distinguishing feature of FCA litigation, adding another layer of complexity to FCA settlement negotiations, especially around attorneys’ fees which the FCA allows whistleblowers to demand as part of a recovery. Jonathan and Lorinda also take on the...
2024-05-0226 minFalse Claims Act InsightsHelp! I Got a Civil Investigative Demand from DOJ. What Do I Do?Host Jonathan Porter welcomes Husch Blackwell’s Catherine Hanaway to explore the government’s use of civil investigation demands (CIDs) within the context of False Claims Act investigations. The CID is a powerful and broad tool, and they are used to gather a variety of information regarding the conduct under investigation.Jonathan and Catherine discuss the importance of handling CIDs with care from the earliest possible juncture, including communication through counsel with government investigators that can provide valuable insight as to the scope and nature of the inquiry. The discussion follows the arc of effective CID responses, explorin...
2024-04-1528 minFalse Claims Act InsightsThink You Know Whistleblowers? Think Again.Host Jonathan Porter welcomes Husch Blackwell’s Jody Rudman to this inaugural podcast episode to discuss the changing profile of whistleblowers in False Claims Act (FCA) litigation.Traditionally, relators, or whistleblowers, in FCA litigation, have been employees who bring fraud claims against their employers, but recent cases demonstrate that potential whistleblowers are lurking far beyond a company’s roster of employees and include vendors, consultants, customers or clients, and members of the general public.This episode of False Claims Act Insights explores the role whistleblowers play in FCA litigation and the mechanics of how cases are file...
2024-04-0229 minHospice Insights: The Law and BeyondGrace from CMS: Unexpected Good News on HIS and CAHPS AppealsFor a variety of unfortunate reasons, some hospices found themselves facing a 4% rate reduction for non-compliance with either Hospice Item Set (HIS) or Consumer Assessment of Healthcare Providers & Systems (CAHPS) requirements. For the third year in a row, the Husch Blackwell hospice team successfully advocated that the penalty not be imposed on its clients and CMS agreed! In this episode, Husch Blackwell’s Meg Pekarske and Jacob Harris share more about how they achieved these thrilling results. This is a good listen and reminder for all of us that good advocacy can make a difference and CMS does keep an...
2023-11-0111 min
The Labor Law InsiderRecent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education, Part IILabor Law Insider host Tom Godar continues to explore the nexus of labor issues and higher education with veteran labor lawyer Tyler Paetkau of Husch Blackwell’s Labor & Employment group and Jason Montgomery a member of Husch Blackwell’s Higher Education group and a former NCAA investigator. Together they review NLRB General Counsel Abruzzo’s guidance regarding higher education and the Northwestern University decision, which paves the way for student-athletes to argue that they are employees under the National Labor Relations Act and its state counterparts with rights of representation by unions.Our Insiders review the implications of stu...
2023-08-0215 minThe Labor Law InsiderUnion Activity, Employment Engagement, and Changes in the Manufacturing Industry, Part IIHost Tom Godar welcomes Husch Blackwell partner Anne Mayette to part two of this Labor Law Insider podcast. Anne is deeply engaged in counseling employers regarding employment and labor activity and defends employers in litigation as well. From these experiences she has deep and important insights into the workplace. Anne shares a number of these insights regarding employment engagement, particularly as they relate to the manufacturing industry in this episode. This discussion is an outgrowth of the extensive manufacturing white paper published by Husch Blackwell in January 2023 which explores challenges and opportunities for manufacturers well beyond just the area...
2023-03-2113 minThe Labor Law InsiderUnion Activity, Employment Engagement, and Changes in the Manufacturing Industry, Part IThe Labor Law Insider (LLI) podcast welcomes Husch Blackwell partner Anne Mayette on her inaugural trip to the LLI microphone. Anne, who practices out of the firm’s Chicago office, is a seasoned labor and employment lawyer, and joins host Tom Godar to discuss union activity in the manufacturing and related sectors. This is an expansion on the discussion of employment and labor issues in the extensive Manufacturing White Paper published by Husch Blackwell in January 2023. There has been a tremendous increase in organizing activity as well as strikes and other job actions in the manufacturing and rel...
2023-03-0212 minThe Labor Law InsiderJoint Employer Standard Changes: Beware, Part IHusch Blackwell's Tom Godar of the Labor Law Insider welcomes two new experts as they discuss the shifting standards for joint employer status and the significant impact they can have upon employers, both union and union-free. Tyler Hibler, a labor and employment expert with significant litigation experience, shares his insights from the Husch Blackwell Kansas City office, while Tracy Wolf, a partner with the Husch Blackwell Dallas office, shares her extensive experience in labor and employment counsel and litigation. These two briefly describe joint employer analysis not only under the National Labor Relations Act, but in contrast to the...
2022-10-2120 minThe Labor Law InsiderNLRB Adopts Pro-Labor Remedies for Alleged Unfair Labor Practices, Part IHusch Blackwell's Labor Law Insiders, Thomas Godar, Terry Potter, Rufino Gaytan and Adam Doerr, offer context to recent NLRB memoranda, including background to NLRB remedies, and contrast the historical reach of NLRB remedies to the broader approach urged by the Board’s General Counsel under her more expansive definition of “full remedies”. Further, the panelists take on the implications of the General Counsel’s pursuit of injunctive relief under Section 10(j) of the National Labor Relations Act, as a preventative tool rather than a remedial one.The panel also addresses the non-economic remedies that more employers will find unpa...
2022-06-2916 minHospice Insights: The Law and BeyondNuts and Bolts of a Repayment Investigation: Keys to Conducting Investigations Under the 60-Day Repayment RuleWhen confronted with a complaint, allegation or event that implicates a potential Medicare overpayment, hospices have an affirmative duty under the federal 60-day repayment rule to conduct an investigation and refund any overpayment. In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton share tips and tools for conducting internal investigations and determining when an issue implicates payment.
2022-06-2223 minHospice Insights: The Law and BeyondHospice Audit Series | Painting the Picture: How to Advocate for Clinical Hospice Eligibility in the Audit Appeal ProcessThe core of most hospice audits has been, and continues to be, whether the medical record supports the patient’s hospice eligibility. In this episode, Husch Blackwell’s Meg Pekarske talks with Bryan Nowicki and Zaina Niles about strategies for showing how a medical record supports a patient’s six-month prognosis.
2022-06-0828 minHospice Insights: The Law and BeyondYou’ve Got Mail: CMS Physician Outreach and How to Respond to ItThe Centers for Medicare & Medicaid Services (CMS) has recently started mailing letters inviting physicians to one-on-one training sessions about the Medicare hospice benefit. In this episode, Husch Blackwell’s Meg Pekarske, Bryan Nowicki and Claire Postman talk about what these training sessions involve, why CMS is conducting them, and how physicians and hospices can respond.
2022-05-2521 minThe Labor Law InsiderProject Labor Agreements Part IIn part I of this series, Husch Blackwell's Labor Law Insider host Thomas Godar is joined by two experienced counsel regarding labor and employment law and federal contractor issues. Husch Blackwell Attorney Michael Schrier is co-Chair of the ABA Public Contract Law Section’s Employment Safety and Labor Committee, which is engaged in monitoring and potentially influencing regulations regarding federal government use of PLAs. Husch Blackwell Attorney Rufino Gaytán is often asked by clients to assist in assessing whether engagement in what are often high-ticket federal construction contracts and PLAs may have hidden trap doors, especially for those who...
2022-05-1316 minHospice Insights: The Law and BeyondHospice Audit Series | Turning the Screws: UPIC Enforcement Tactics and What They Mean for Your HospiceUnified Program Integrity Contractor (UPIC) audits are on the rise, and the UPICs are embracing the full array of enforcement tools at their disposal. In this episode, Husch Blackwell’s Meg Pekarske and Bryan Nowicki discuss the ways that UPICs can put pressure on hospices and how hospices can respond.
2022-05-1111 minHospice Insights: The Law and BeyondStrategic Restructuring for the Future: Exploring Upstream Revenue Opportunities for HospicesStrategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to TransformChange, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the more...
2022-04-2718 minThe Labor Law InsiderOffensive Speech in the Workplace - Part II: Drawing the LineIn this Labor Law Insider podcast episode, Tom Godar is joined by Husch Blackwell attorney Sonni Nolan and firm alum Kat Pearlstone, as they conclude their exploration on protection of employee’s speech under the National Labor Relations Act (NLRA). In episode #10, the first in this series, the Labor Law Insider explored how disrespectful, crude and offensive speech may still be protected as concerted expressions under the NLRA. In this episode the panelists look at the standard for review of potentially protected speech, how threats of violence are treated under section 7 of the NLRA, the tricky world of social me...
2022-04-1823 minHospice Insights: The Law and BeyondHospice Audit Series | Audit Overlap: Connections and Contradictions Among Audits, Auditors and What to Do About ThemHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2022-04-1317 minThe Labor Law InsiderNew York Amazon Employees Vote for Union: What Do We Learn?Tom Godar, of counsel at Husch Blackwell, and host of the Labor Law Insider, explores the impact of the successful union election campaign at Amazon’s Staten Island distribution center. This is in contrast to the ongoing failure of the union-organizing campaign at the Bessemer, Alabama facility, where Amazon workers have thus far voted, a second time, to reject a union-organizing campaign there.
Labor Law Insider alum, Rufino Gaytán, a member of Husch Blackwell’s Houston office, observes that the election by the homegrown Amazon Labor Union in New York was different than most large organizing campaigns. The Staten Islan...
2022-04-0516 minHospice Insights: The Law and BeyondStrategic Restructuring for the Future, Insights on Building a Hospice Network From the Ground Up: A Conversation With Mike Milward, CEO of the California Hospice NetworkStrategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to TransformChange, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the more...
2022-03-3045 minThe Labor Law InsiderOffensive Speech in the Workplace - Part I: Crossing the LineIn this Labor Law Insider podcast episode, Tom Godar and fellow Husch Blackwell attorneys Sonni Nolan and Kat Pearlstone explore the breadth of National Labor Relations Act (NLRA) protection of employee speech that can be disrespectful, crude or offensive. These protections extend to both the non-union workplace and the unionized workplace. Employers are charged with drawing a line at the workplace, curbing offensive, disrespectful, harassing and discriminatory remarks. These disrespectful remarks can be oral or written, placed on employer-maintained bulletin boards or disseminated through social medial. However, under Section 7 of the NLRA, employees have great latitude to engage in protected...
2022-03-2821 minHospice Insights: The Law and BeyondHospice Audit Series: Beyond Part D, OIG Scrutinizes the Hospice Industry to the Tune of $6.6 BillionHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2022-03-1623 min
AHLA's Speaking of Health LawCareer Journeys of Women in Health Law: Catherine Hanaway, Chair of Husch BlackwellIn honor of International Women’s Day, AHLA’s Women’s Leadership Council is pleased to present this three-part series highlighting the career journeys of female leaders in health law. In the second episode, Jennifer Cottrell, COO/CFO, Pinnacle Healthcare Consulting, speaks with Catherine Hanaway, Chair of national law firm Husch Blackwell. Catherine has represented clients from across the health care industry. She also spent much of her career in public service, first as a member of Missouri’s House of Representatives, where she became the first female Speaker, and then as the U.S. Attorney for the Eastern District...
2022-03-1629 minHospice Insights: The Law and BeyondHospice Leadership Strategy: Re-engaging Staff and Communities With StoryWelcome to an inspiring conversation on how story can help us reconnect with mission, staff and communities. As hospices face unprecedented staffing shortages and a burnt-out workforce, a key to thriving may be to re-engage with our human essence, which can be found through story. Today’s guest, Dr. Bertice Berry, PhD, explains humans are hardwired for story—it is how we connect, reflect and grow. So how do we use storytelling as a leadership tool? The Institute for Story’s upcoming conference Reinvented Through The Power And Science Of Story intends to help leaders do just that. Today...
2022-03-0246 minThe Labor Law InsiderUnderstanding the Risk of Strikes Faced by the Healthcare IndustryHealthcare workers and employers have faced enormous pressures during the pandemic, struggling with competing issues related to public health and worker safety. In 2021 there were 14 health care worker strikes, including a handful of works stoppages that lasted weeks or even months. These strikes by healthcare workers related to demands to improve terms and conditions of employment such as hours, safety protocols, and staffing. Wages seemingly took a back door to these issues in several instances. Other unions threatened significant strikes as part of the bargaining process, including a threatened work stoppage of 32,000 workers in California, who reached a last-minute settlement...
2022-02-2815 minHospice Insights: The Law and BeyondHospice Audit Series: The OIG’s Impending Review of Nationwide Hospice Eligibility Demands a Robust Response From HospicesHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2022-02-1616 min
The Labor Law InsiderThe Pandemic Economy: Do Recent Strikes Portend the Resurgence of Unions?The data and Husch Blackwell's labor law attorneys suggest that a union resurgence in most industries is at best uncertain and perhaps unlikely. How does the continued low level of union membership affect the likelihood of union resurgence? Should employers expect to experience significantly increased union membership drives and associated strikes? Which industry is more vulnerable to union organizational efforts?
To hear the answer to these and other timely questions, listen to Husch Blackwell's labor law group discussion about whether the recent labor protests and strikes signal an increase in the risk of labor disruption for employers.
2022-02-0817 minHospice Insights: The Law and BeyondCOVID-19 Hospice How-To Series: Exploring Answers to Hospices’ Top Vaccination QuestionsOur hospice team has been fielding questions from hospices across the country on administering COVID-19 vaccination requirements. In this episode, Husch Blackwell’s Meg Pekarske is joined by colleague Jessica Brown, where they discuss the most pressing vaccination issues and how to navigate them. They explore strategies for handling vendors, the role unvaccinated staff can have in direct patient care, obligations to require boosters and what enforcement may look like. This episode contains many helpful insights, and you won’t want to miss it. Happy listening!
2022-02-0331 minHospice Insights: The Law and BeyondWho’s Watching Me? Addressing the Second-Guessing of Hospice Patient CareProviding hospice care to vulnerable individuals can embroil hospices in a variety of unwanted situations. The emotions surrounding the death of a loved one can cause families and caregivers to question the kind of care provided. These sensitive circumstances can also lead to disputes between family members, or between the family and other providers or facilities, with the hospice often stuck in the middle. In this episode, Husch Blackwell’s Meg Pekarske, Bryan Nowicki and Jake Harris discuss what hospices should do when confronted with these situations.
2022-01-1923 minHospice Insights: The Law and BeyondBeyond Regulations: Hospice Business Contracts and Contract DisputesHospices’ unique regulatory and business environment impacts how they contract with and relate to other private entities. In this episode, Husch Blackwell’s Meg Pekarske, Bryan Nowicki and Jake Harris discuss the many kinds of hospice-related contracts and contract-dispute matters they have worked on, and how their clients benefitted from their in-depth knowledge of hospices.
2022-01-0527 minHospice Insights: The Law and BeyondHospices and The False Claims Act: Proposed Amendment Would Increase Liability RiskHospices and the False Claims Act SeriesThe False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substantial number of bases of potential FCA liability for hospices. Aggressive government investigation, enforcement efforts and increased whistleblower ac...
2021-12-1514 minHospice Insights: The Law and BeyondStrategic Restructuring for the Future, Think Before You Sign: Five Key Insights for VBID and Managed Care ContractsStrategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to TransformChange, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the more...
2021-12-0129 min
The Labor Law InsiderBeware the Unfair Labor Practice: Not Just for Unions AnymoreIn this episode, Husch Blackwell's Tom Godar, Kat Pearlstone and Sonni Nolan take an in-depth look at what an unfair labor practice is, why non-union employers need to be wary of these federal law violations, and how to avoid running afoul of the National Labor Relations Act (NLRA). They also discuss National Labor Relations Board (Board) General Counsel Jennifer Abruzzo’s recent guidance regarding the types of remedies available when an unfair labor practice occurs.
2021-11-1229 minHospice Insights: The Law and BeyondCOVID-19 Hospice How-To Series: Federal COVID-19 Vaccine Mandate Rules - Breaking Down What They Mean for HospicesWhat is the latest on vaccine mandates? In this episode, Husch Blackwell's Meg Pekarske is joined by colleague Tom O’Day to discuss the newly released OSHA and CMS rules. They'll uncover the surprises, discuss how to implement the requirements and analyze the challenges that may be on the horizon for hospices. Tune in to this lively and helpful conversation.
2021-11-1124 minHospice Insights: The Law and BeyondHospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part IIHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-10-2028 minHospice Insights: The Law and BeyondHospice Audit Series: Insights for Winning at Administrative Law Judge (ALJ) Hearings, Part IHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-10-0629 minHospice Insights: The Law and BeyondDrumroll Please: The Latest on HIS AppealsIn this episode, Husch Blackwell's Meg Pekarske chats with colleagues Bryan Nowicki and Jacob Harris, who share what happened with the Hospice Item Set (HIS) noncompliance letters. You have to listen—did hospices win or lose?
2021-09-2414 minHospice Insights: The Law and BeyondStrategic Restructuring for the Future, Putting a Plan Into Action: A Conversation With Gloria Brooks on Building End-of-Life PartnershipsStrategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to TransformChange, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the more...
2021-09-2257 minHospice Insights: The Law and BeyondHospice Audit Series: A Beginning and an End from CMS - TPE Resumes While QIC Demonstration EndsHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-09-0815 min
The Labor Law InsiderThe Unions Are Coming! The Unions Are Coming!The Labor Law Insider takes on the recharged union optimism and activity in this podcast episode. Moderator Tom Godar is joined by members of Husch Blackwell’s Labor Law team, Terry Potter, Tom O’Day, and Rufino Gaytán, to discuss the increase in public support for unions, recent changes in organizing activities by unions, and implications for employers. With the benefit of their more than 100 years of combined experience in labor law, our panel discusses actions employers should take to maintain a direct relationship with their employees as unions attempt to increase their organizing efforts in the workplace.
2021-09-0227 minHospice Insights: The Law and BeyondParsing Out Changes in the Election Addendum Made by the Final Hospice Wage Index RuleBy October 1, 2021, hospices will need to update their election addendum form to address a change made by the Centers for Medicare & Medicaid Services (CMS) in the final rule. The government has provided much-needed clarification and flexibility to certain aspects regarding the addendum. When should hospices provide the addendum to patients? What should hospices do if a patient refuses a signer’s discharge prior to signing the addendum? In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton answer these questions and discuss other key changes related to the addendum announced in the final rule.
2021-08-2526 minHospice Insights: The Law and BeyondGovernance Series: Common Board Challenges and Tips for Dealing with ThemAfter exploring the attributes of a well-functioning board, in this episode we delve into common practices and tendencies that can limit board performance. Whether it be factioning, side conversations or confidentiality leaks, there are activities that get in the way of good governance. Husch Blackwell’s Meg Pekarske and Stephanie Kaiser talk through how to help leaders identify these roadblocks and institute practical strategies to navigate them. We hope you enjoy this insightful conversation filled with helpful takeaways to improve participation and engagement of your full board.
2021-08-1151 min
The Labor Law InsiderThe Biden Administration - Expected Changes at the NLRB, Part IIIIn Part III of the Labor Law Insider series focused on expected changes at the National Labor Relations Board, Husch Blackwell attorneys David Hertel and Laura Malugade discuss, with Tom Godar, two potential developments that would change the labor law landscape and enhance union organization efforts: 1) permitting unions to organize and represent small units of employees within an employer's workforce called micro-units, and 2) union efforts to organize remote workers. Tune in to learn about these potential developments and strategies to proactively address the expected changes.
2021-07-3029 minHospice Insights: The Law and BeyondAn Unexpected Flurry: HIS Noncompliance Letters Have Many Scratching Their HeadsIn this episode, Husch Blackwell’s Meg Pekarske and Jacob Harris unpack what may be behind the Hospice Item Set (HIS) noncompliance letters that many hospices believe they have erroneously received. These letters indicate hospices have not achieved compliance with the HIS reporting requirement. Meg and Jacob explore how the Centers for Medicare & Medicaid Services’ (CMS) temporary 6-month reporting exemption may have unexpectedly impacted some hospices. They also discuss the importance of using the appeal process to dispute noncompliance. Please tune in to learn more.
2021-07-2922 minHospice Insights: The Law and BeyondStaying Prepared: Hospices and the False Claims Act, Part III - Success in False Claims Act LawsuitsHospice and the False Claims Act SeriesThe False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substantial number of bases of potential FCA liability for hospices. Aggressive government investigation, enforcement efforts and increased whistleblower ac...
2021-07-1445 min
Tower Talks with Inside Towers#65 - T-Mobile + Husch Blackwell Discuss the Digital DivideRural connectivity remains a hot topic.Tens of millions of Americans in underserved or unserved live without quality broadband service.Certainly, the pandemic amplified the need for reliable broadband connections, especially in small towns and rural communities.Much government funding for rural broadband has gone towards fiber cable solutions deployed over long distances to serve relatively few customers. Yet cost-effective wireless solutions often have limited capabilities.Is 5G a viable alternative to fiber for reliable broadband connections? What are the infrastructure challenges for deploying 5G in these markets? And what are...
2021-07-1333 minHospice Insights: The Law and BeyondStrategic Restructuring for the Future | Succeeding in Value-Based Care: How Hospices Can Collaborate Through Network ModelsStrategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to TransformChange, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the more...
2021-06-3051 minHospice Insights: The Law and BeyondCOVID-19 Hospice How-To Series: New Deadlines Announced for Reporting on and Using Your Provider Relief Fund PaymentsAfter nearly half a year of silence, the U.S. Department of Health and Human Services finally provided direction on when providers need to submit Provider Relief Fund (“PRF”) compliance reports. In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton discuss this and other PRF developments, including new deadlines by which providers must use their PRF payments and guidance on how to return those portions of PRF payments that remain unused.
2021-06-2217 minHospice Insights: The Law and BeyondPrivacy Series: HIPAA Breaches - When It Is, and When It Is Not a BreachPrivacy SeriesIn this series, we will explore all things privacy. From HIPAA breaches, to updates on the information blocking rule, to privacy enforcement trends, hospices will learn what they need to know to stay current in this evolving area of law. Today's Episode: HIPAA Breaches - When It Is, and When It Is Not a BreachIn today’s episode of our Hospice Privacy Series, Husch Blackwell’s Meg Pekarske is joined by colleagues Wakaba Tessier and Erin Burns, who share insights on the ins and outs of HIPAA breaches. They break down...
2021-06-1644 min
The Labor Law InsiderThe Biden Administration - Expected Changes at the NLRB, Part IIIn Part II of the Labor Law Insider series focused on expected changes at the National Labor Relations Board, Husch Blackwell attorneys Tom Godar, Kat Pearlstone and Rufino Gaytán discuss the impact of the impending policy shift on employer policies and workplace rules regarding employee access to IT systems for nonwork-related communications, facially neutral workplace rules that negatively impact protected concerted activity, confidentiality obligations during internal investigations, and limitations on abusive workplace conduct. We hope you enjoy the discussion.
2021-06-1025 min
The Labor Law InsiderThe Biden Administration - Expected Changes at the NLRB, Part IHusch Blackwell attorneys Tom Godar, Kat Pearlstone and Rufino Gaytán offer insights on how the changes in National Labor Relations Board leadership under the Biden Administration will likely affect employers and the workplace. Tune in to receive guidance.
2021-06-1025 minHospice Insights: The Law and BeyondHospice Innovators: A Conversation with Dr. Kathleen Benton, CEO of Hospice SavannahIn today’s episode of Hospice Insights, Husch Blackwell’s Meg Pekarske shares her recent wide-ranging conversation with Dr. Kathleen Benton of Hospice Savannah, where they explore how good business planning starts and ends with good questions and strong ethics. Applying a “buy local” philosophy to healthcare, Kathleen sees her future intwined with that of her community in that their needs define her organization’s business plan. Whether it be expanding palliative care opportunities, opening a vaccination center or deepening existing local partnerships, Kathleen brings a passion and purpose to what she does and sees opportunities beyond what has tr...
2021-06-0259 min
Main Street Banking: A Podcast for Community Bankers"Hinge Points" and Ag Loans. Distressed Ag Loans with Michael Fielding from Husch BlackwellMichael Fielding is back to take his "Hinge Points" concept and applying it to ag lending. Great insights!
We have the materials he references on the episode page at https://barretbanking.org/msbpodcasts/hinge-points-and-ag-loans-distressed-ag-loans-with-michael-fielding-from-husch-blackwell/
If you'd like to learn more about Husch Blackwell, check them out at https://www.huschblackwell.com/
and don't forget our sponsor, ICBA Securities at https://www.icbasecurities.com/
2021-06-0224 minMain Street Banking: A Podcast for Community Bankers"Hinge Points". Distressed Loan Management with Michael Fielding with Husch Blackwell.Michael Fielding, with Husch Blackwell, is a returning guest to Main Street Banking. He's developed a really nice rubric for thinking about distressed loans that might help to clarify some of the "what do we do next?" aspect of this part of banking.
You'll want to check out the episode page to get the materials he references. You can find a digital eBook to read and/or download at https://barretbanking.org/msbpodcasts/hinge-points-distressed-loan-management-with-michael-fielding-with-husch-blackwell/
To learn more about Husch Blackwell, check out their website at https://www.huschblackwell.com/
and don't forget our sponsor, ICBA Securities at https://www.icbasecurities...
2021-05-2631 minHospice Insights: The Law and BeyondStaying Prepared: Hospices and the False Claims Act, Part II - Successful Approaches to Government InvestigationsHospice and the False Claims Act SeriesThe False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substantial number of bases of potential FCA liability for hospices. Aggressive government investigation, enforcement efforts and increased whistleblower ac...
2021-05-1944 min
Colorado = Security Podcast210 - 5/10 - David Stauss, Partner at Husch BlackwellDavid Stauss, Partner at Husch Blackwell is our feature guest this week, interviewed by Douglas Brush. News from BeerMKR, Gaylord Rockies, Bee Partners, Ping Identity, Red Canary, LogRhythm and a lot more!
Support us on Patreon! Fun swag available - all proceeds will directly support the Colorado = Security infrastructure. Come join us on the new Colorado = Security Slack channel to meet old and new friends.
Sign up for our mailing list on the main site to receive weekly updates - https://www.colorado-security.com/. If you have any questions or comments, or any organizations or events we should highlight, contact A...
2021-05-091h 16Hospice Insights: The Law and BeyondHospice Audit Series: How are Hospices Faring at ALJ Hearings?Hospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-05-0528 minHospice Insights: The Law and BeyondHospice Audit Series: CMS Program Integrity Audits Are Back!Hospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-04-2124 minHospice Insights: The Law and BeyondHospice Audit Series: CMS “Program Integrity” Audits Are Back!Hospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-04-2100 minHospice Insights: The Law and BeyondHospice Audit Series: The Second Guessing of Billed Hospice Physician VisitsHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-04-1420 minHospice Insights: The Law and BeyondHospice Audit Series: Spring Audit Bloom—Medicaid UPICs and MAC ADRsHospice Audit SeriesAudits are a fact of life for hospices—it’s not a matter of “if” a hospice will be audited, but “when.” The alphabet soup of audits has expanded, from UPICs to SMRCs, CPIs, TPEs and more. With the hospice carve-in to Medicare Advantage, MAO audits will join the list. The recent pause in audits as a result of the COVID pandemic hints at increased activity as the pandemic wanes. In this series, Meg Pekarske and Bryan Nowicki of Husch Blackwell’s Hospice Audit team deconstruct the most recent developments in hospice audits, providing insight and guidance...
2021-03-3142 minHospice Insights: The Law and BeyondStaying Prepared: Hospices and the False Claims Act Part 1 - What Will Hospices Face and What Can They Do About ItHospice and the False Claims Act SeriesThe False Claims Act (FCA) is the government’s most serious weapon to combat fraud in the healthcare community, and hospices are increasingly the target of FCA investigations and lawsuits. The United States Supreme Court is, for the first time, considering FCA cases involving hospices and certifications of terminal illness. Moreover, the relief funds disbursed by the government to hospices as a result of the COVID-19 pandemic add to the existing and substantial number of bases of potential FCA liability for hospices. Aggressive government investigation, enforcement efforts and increased whistleblower ac...
2021-03-1749 minHospice Insights: The Law and BeyondHospice Audit Series: The Latest Developments and Strategies for Success in the Ever-changing Audit LandscapeIn this inaugural episode of our Hospice Audit Series, Husch Blackwell’s Meg Pekarske and Bryan Nowicki review three recent audit examples that resulted in multimillion-dollar extrapolated overpayments being thrown out by the Centers for Medicare & Medicaid Services. Meg and Bryan saved hospice clients over $50 million in alleged overpayments in these three audits alone! The strategies and arguments discussed on this podcast can help other hospices in similar situations.Information related to this episode:HomeCare: Husch Blackwell Secures Hospice Overpayment ReductionNews release: Husch Blackwell's Hospice Team Opens 2021 with Significant Audit VictoryHusch Blackwell's Hospice Medicare & Medicaid Audits TeamH...
2021-03-0321 minHospice Insights: The Law and BeyondStrategic Restructuring for the Future: The State of the Hospice MarketStrategic Restructuring for the Future: Exploring How Hospices Are Using Joint Ventures, Mergers and Acquisitions, and Service Diversification to TransformChange, transformation, disruption: whatever you want to call it, it’s happening in the hospice industry over the next 5 years. It is unquestionable that the carve-in to Medicare Advantage, the rise of value-based care and steady market consolidation is changing the playing field. How do hospices respond? In this new series, we explore how hospices are and can restructure their businesses. We discuss the opportunities and limits of different models: palliative care, affiliations for payor contracting or the...
2021-02-1754 minHospice Insights: The Law and BeyondCOVID-19 Hospice How-To Series: The Latest on Using and Reporting Your Provider Relief FundsThe “rules of the road” for Provider Relief Funds continue to evolve. Recent actions by Congress and the U.S. Department of Health and Human Services provide further clarification in key areas that are helpful to hospices. In this episode, Husch Blackwell’s Meg Pekarske and Andrew Brenton analyze the latest developments and share insights on calculating lost revenue and preparing for compliance reporting when it arrives.
2021-02-0334 minHospice Insights: The Law and BeyondHospice Survey Overhaul: An Unwelcome Surprise in COVID Relief BillThe latest COVID Relief and Funding law passed in December 2020 brings dramatic changes to the hospice survey process. While CMS will need to engage in future rulemaking to implement the new framework, Congress created a clear outline that includes significant financial remedies and makes all survey results publicly available. In this episode, Husch Blackwell's Meg Pekarske breaks down key components of the legislation with Hospice & Palliative Care team members Bryan Nowicki, Emily Park and Liz LaFoe. The team offers practical insights on how hospices can change their approach to survey defense in this altered landscape. Hope you enjoy the co...
2021-01-2745 minHospice Insights: The Law and BeyondCOVID-19 Hospice How-To Series: The Latest on Testing and Vaccinating EmployeesIn this episode, Husch Blackwell's Meg Pekarske is joined by colleagues Jenna Brofsky, Erica Ash and Wakaba Tessier who provide an update on the legal landscape related to COVID-19 testing and vaccinations. Their conversation explores the liability protections provided by the PREP Act and the legal considerations hospices need to account for when establishing a vaccination program. They break down the latest EEOC vaccination guidance and what it means for hospices as employers, and offer practical insights for navigating the challenges presented by mandating or otherwise encouraging employee vaccinations. While nothing is easy these days, we are hope...
2021-01-1348 minHospice Insights: The Law and BeyondHospice Innovators: A Conversation with William Finn of Hospice of the Western ReserveIn today’s conversation Husch Blackwell's Meg Pekarske sits down with William Finn, the CEO of Hospice of the Western Reserve, where they share stories of change, innovation and opportunity in hospice and palliative care. Bill, Meg likes to say, is a man who is always “up to something.” He sees change on the horizon and leans into the opportunities it provides. During his tenure at Hospice of the Western Reserve, he has expanded the depth and breadth of the organization through new partnerships, the development of new technologies and better ways to deliver patient care. Bill’s insights into where...
2021-01-0651 minHospice Insights: The Law and BeyondGovernance Series: A Good Hospice Board in Action - What it Looks LikeJoin Husch Blackwell's Meg Pekarske as she further explores good governance in hospice. In this conversation, Meg is joined by fellow attorney Stephanie E. Kaiser as they delve into the details about how a “good” board functions, what are the common attributes and how you can measure performance. They discuss the role of sub-committees and term limits, what makes a good board agenda and minutes, and the essential elements of effective board infrastructure. If you like this episode, the next session in this series will discuss common board problems and tips for dealing with them. Stay tuned for the release o...
2020-12-1656 minHospice Insights: The Law and BeyondThe New Information Blocking Rule: What It Means For HospicesWith all that 2020 has brought, the Information Blocking Rule that came out of the Cures Act was under the radar of many hospices. Thankfully, HHS extended the compliance date for the Rule to April 5, 2021, from November 2, 2020. With this additional time, hospices need to evaluate how they will achieve compliance; what policies they need to update; the work they need to do with their EMR vendor; and their rollout to patients, families and staff. In this conversation, Husch Blackwell's Meg Pekarske is joined by colleagues Wakaba Tessier, Tracey Toll and Kelsey Anderson to gain their insights on these questions and mor...
2020-12-0237 minHospice Insights: The Law and BeyondEnforcement Relief: What New Regulatory Reforms Could Mean for HospicesThe Trump Administration has shown an interest in regulatory reform with the goal of reducing the burden on regulated parties such as hospices. This has recently come to the forefront as part of the administration’s efforts to lessen the impact of the coronavirus on the economy. In this episode, Husch Blackwell's Meg Pekarske hosts a lively conversation with colleagues Bryan Nowicki, Emily Park and Liz LaFoe about several recent reform efforts and how they may impact future enforcement related to hospice audits, investigations and surveys.
2020-10-1448 min
MEAT+POULTRY PodcastPodcast: Husch Blackwell attorneys discuss litigating during COVID-19In this episode of the podcast, MEAT+POULTRY talked with Ryann Glenn and Michael Annis, partners in the Food & Agribusiness practice group of law firm Husch Blackwell.
The conversation covers a variety of ongoing legal topics in the meat and poultry industry, including how COVID-19 compares to other periods of agribusiness law.
Glenn and Annis also discuss the difficulties of litigating these cases for both the companies and the employees.
In addition, the attorneys laid out early legal procedures they have seen with meat processing cases during the pandemic and what the ongoing...
2020-09-1826 minHospice Insights: The Law and BeyondWorking Together: Tips for Ensuring A Compliant Relationship Between You and Your Hospice BoardIn this episode, Husch Blackwell's Meg Pekarske is joined by colleague Stephanie Kaiser for a rich conversation on what it means for a hospice board to carry out its fiduciary duties and how this relates to the role and responsibilities of hospice executives. Through counseling and training boards across the country, Stephanie has gained unique insights on the inner workings of boards, and breaks down what good governance looks like in action. Stephanie debunks common misconceptions on what defines a “good” board and provides practical tips on how hospice executives can and should engage and inform their boards. We also...
2020-09-161h 02Hospice Insights: The Law and BeyondNo Delay for Hospices: October 1st Brings New Election and Addendum RequirementsIn this episode of Husch Blackwell's Hospice Insights podcast, Meg Pekarske and Andrew Brenton review the new rule’s key takeaways and flexibilities, and discuss navigating compliance. Additional resources:FY 2021 Hospice Wage Index Final RuleFY 2021 Hospice Wage Index Rule: What We Wanted vs. What We Got CMS Model Election Statement ExampleCMS Model Election Addendum ExampleMedicare Hospice Regulatory Conditions of Payment
2020-08-2146 min
Hawkeye NationHN Podcast - Reaction to the Husch-Blackwell ReportRob Howe and Andrew Downs react to the release of the Husch-Blackwell investigation report and Kirk Ferentz' press conference. Learn more about your ad choices. Visit megaphone.fm/adchoices
2020-07-3147 min
The Quinn Douglas PodcastEpisode 3: Husch Blackwell findings, KF presser and Illinois HS Spring FootballA bit of an emergency podcast, Husch Blackwell released their findings into Iowa football Thursday morning, Kirk Ferentz and Gary Barta held a press conference to answer questions on the investigation. Plus, Illinois moves their HS football season to spring, what this means for HS football in the state of Iowa.--- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app
2020-07-3136 minHospice Insights: The Law and BeyondCOVID-19 Hospice How-To Series: Legal and Accounting Perspectives on Commonly Asked Provider Relief Fund QuestionsOverview:This episode commonly asked questions from hospices across the country. The group shares legal and accounting perspectives as well as practical considerations to help hospices as they operationalize their use of relief payments.Presenters:Husch Blackwell’s Hospice & Palliative Care attorneys Meg Pekarske, Bryan Nowicki and Andrew Brenton, and Crowe’s accounting professionals Bucky High, Dan Yunker and Stephanie Cerney/professionals/meg-pekarskeResources:Presentation Slides: COVID-19 Town Hall for HospicesCARES Act Provider Relief Fund WebpageHHS Provider Relief Fund Frequently Asked Questions (May 18, 2020)Husch Blackwell: Risks of Spending Public Health and...
2020-06-031h 01
Opening ArgumentsOA379: Trump's Contempt for the Press & Husch Blackwell Today's episode features a deep dive on a completely frivolous lawsuit filed by Donald Trump against a Wisconsin TV station for simply airing an ad created by Priorities USA that... uses a pastiche of Trump's own words talking about COVID-19. Learn why Trump (and his corrupt lawyers at Husch Blackwell) are transparently trying to silence any public criticism of this President. First, we begin with an update on the various emoluments clause cases and we learn a) the status of all three cases and b) why none are likely to be...
2020-04-211h 19
Prevention and ProtectionAcademic Closures with Husch Blackwell In this episode, attorney Ellen Babbitt discusses managing the risks of higher ed academic program changes driven by economic pressures; these range from eliminating majors to closing institutions. Ellen and her colleagues at Husch Blackwell wrote UE's recently released publications on the topic, including an overview guide and four detailed checklists.
2020-04-1616 min