Qui tam suits on the rise emphasizes need for ASC compliance plans

At the 21st Annual Becker's ASC Conference in Chicago on Oct. 24, Melissa Szabad and Holly Carnell, attorneys with McGuireWoods, discussed best practices for implementing a core compliance plan in ASCs.

The number of whistleblower suits and qui tam cases has drastically increased. Between 1987 and 1992, there were only 62 qui tam cases (across all industries), said Ms. Szabad. In 2013 alone, there were 752 qui tam cases.

Ms. Carnell said this rise in qui tam suits underlines the growing importance for ASCs to create a culture of compliance and implement a core compliance plan.

The compliance plan should include conducting internal monitoring and auditing, implementing compliance and practice standards, designating a compliance officer, conducting appropriate training and education and enforcing disciplinary standards.

Ms. Szabad all ASCs should start with the basics and then develop the plan from there. She suggested ASCs need plans surrounding billing and coding, physician relationships, HIPAA and all the highest risk areas. Additionally, she suggested facilities implement an education and communication plan, determining core exposure areas and understanding risk.

"If you don't have anything in place or if you have something on the shelves in a book that has never been opened, this is what you need to do when you're getting started," said Ms. Szabad.

More articles on compliance:

Key legal issues for ASCs: The PPACA becomes a game changer 
4 resources for perfect credentialing 
AMA releases fact sheet for physician compliance with new Hydrocodone rules 

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