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Live Webinar

90-minute live streaming program
  • November 20
  • 1:00 - 2:30 pm EST

Billing and Collecting for the Health Care Industry

November 20

Learn how to develop a collection procedure to avoid downstream liability and identify proper disclosures under the FDCPA.

This topic is intended to provide you with an overview of some of the key areas of compliance regarding a third-party debt collector’s use of debt collection communications via the telephone and in writing for the health care industry. Recently, the medical debt collection industry has been confronted by increasing regulatory oversight and enforcement actions by the Consumer Financial Protection Bureau (CFPB), as well as an awaking of the Federal Trade Commission (FTC) and Federal Communication Commission (FCC) which also regulates the industry’s use of telephonic communications directed toward the consumers/debtors and other third parties. The material will concentrate on the specific issues and concerns in medical debt collection and the industry’s compliance with the Federal Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

Learning Objectives

  • You will be able to review how to develop a collection procedure and structure to avoid liability downstream.
  • You will be able to identify the proper disclosures under the FDCPA.
  • You will be able to discuss the do’s and don’ts in communication with consumers.
  • You will be able to explain how to avoid liability under the Telephone Consumer Protection Act.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Developing a Collection Procedure and Structure to Avoid Liability Downstream
  • Proper Documentation and Consent Forms to Aid Recovery and Collections
  • Proper Verbal Communications and Talk-off on Pre-Collect/Billing Files
  • Proper Written Communications and Talk-Offs on Pre-Collect/Billing Files
Transferring Bad Debt to a Third-Party Debt Collector
  • Collection Agreements and Effective HIPAA Business Associate Agreements
  • What Information Should Be Communicated to a Debt Collector?
  • Privacy Considerations in Sharing and Using PHI in Debt Collection Communications
  • Providing the Debt Collector With Important Information for Effective Collections
Proper Disclosures Under the FDCPA
  • Section 1692e(11) and the Mini-Miranda Warning
  • Section 1692(c) Acquisition of Location Information
  • Audio Recordings and the Use of Implied and Mutual Consent to Record
The Do's and Don'ts in Communication With Consumers
  • Time Period Restrictions
  • Handling Verbal Disputes
  • Handling Verbal Cease and Desists and Implications With the TCPA
  • Handling Notifications of Attorney Representation and Bankruptcy
Avoiding and Minimizing Claims of Harassment and Abuse
  • Verbal Harassment and/or Abuse
  • Frequency of Call Violations and the Winning Claims Under Section 1692d(5)
  • Avoiding False and Misleading Representation Claims
  • How to Handle Calls From a Debt Collection Law Firm or Lawyer
Using the Bona Fide Error Defense Under the FDCPA
  • What Is an Effective Policy and Procedure to Avoid Telephone Call Violations
  • Using Modern Technology to Avoid or Minimize Violations
  • Presenting a Bona Fide Error Defense to a Jury or a Judge
  • Overview of the CFPB Statistics of FDCPA Complaints
Defense and Compliance Strategies to Avoid or Lessen FDCPA Lawsuits
  • Collection Letter Reviews
  • Call Monitoring and/or Recording Equipment
  • Enhancing Policies and Procedures
  • Minimizing Damages
  • Determining Actual Harm
Avoiding Liability Under the Telephone Consumer Protection Act
  • Obtaining and Maintaining Documents to Prove Prior Express Consent
  • What Is an ATDS and What Is Not an ATDS?
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • ACHE 1.5
     
  • The American College of Healthcare Executives no longer pre-approves courses or organizations. Participants in this program wishing to have the continuing education hours applied toward ACHE Qualified Education credit should indicate their attendance when submitting an application to the American College of Healthcare Executives for advancement or recertification. ACHE Qualified Education credit must be related to healthcare management (i.e., it cannot be clinical, inspirational, or specific to the sponsoring organization). It can be earned through educational programs conducted or sponsored by any organization qualified to provide educational programming in healthcare management. Programs may be sponsored by ACHE, chapters or other qualified sources, whether the programming is face-to-face or distance offerings (webinars, online seminars, self-study courses, etc.).
     
  • AHIMA 1.5 including Revenue Cycle Management 1.5
     
  • This program has been approved for 1.5 continuing education units for use in fulfilling the continuing education requirements of the American Health Information Management Association (AHIMA). Granting prior approval from AHIMA does not constitute endorsement of the program content or its program sponsor.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HFMA 1.5
     
  • This course is approved by HFMA for certification maintenance of continuous educational points and will equal 1.5 points of classroom instruction.
     
  • CPE 1.8 including Business Law 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: https://www.nasbaregistry.org/cpas/complaints. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Business Law for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     

Who should attend?

This live webinar is designed for Collection and credit managers, billing professionals, business owners, accounts receivable and payable managers, controllers, accountants and attorneys.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.

Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.

Shepard, Smith, Kohlmyer & Hand, P.A.

  • Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida where he has served as corporate counsel for an Atlanta-based collection agency
  • Been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008
  • Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
  • Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters in addition to also being the lead counsel in key district court opinions
  • Served in various leadership positions with ACA International and is president-elect of the Florida Collectors Association
  • LL.M. degree, in international law and business; certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407415
Published 2020
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