Join Chuck Buck every Monday when he welcomes RACmonitor contributing editors and special guests for the latest regulatory audit news and information from CMS, OIG and OMHA. And gain valuable context and perspective that can only be found when you’re listening to the long-running and popular Monitor Mondays. Register to attend live here: https://racmonitor.medlearn.com/racmonitor/podcasts/
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The current ways of leading are failing to meet the challenges of our disrupted workforces. Today’s leaders have a choice between adaptation or atrophy: are you ready to evolve your mindset and accelerate change within your organization? Join Agile Leadership Journey Founder & CEO Pete Behrens, along with leading experts as they speak freely and deeply about their journeys to grow and improve as leaders. It’s time to pivot: plug-in to relearn leadership. The official podcast from Agile Leade ...
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Our podcast series features AGG attorneys and guests discussing business opportunities and legal issues for our friends in the home health and hospice industries. While we don’t provide care, we nevertheless consider ourselves part of the home health and hospice community. We enjoy sharing what we’ve learned after working with clients throughout the country, as well as giving our thoughts on new opportunities and challenges facing the industry, whether regulatory, reimbursement, compliance, ...
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Could the end be near for the administrative law judges of the Centers for Medicare & Medicaid Service (CMS). What about the Office of Medicare Hearings and Appeals (OMHA)? Could these entities be gone from the audit landscape? Case in point: the Supreme Court (SCOTUS) continues eviscerating executive powers. This time SCOTUS has limited the author…
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“Do the Crime, Pay the Fine:” DaVita to Pay$34 million to Resolve Allegations of Illegal Kickbacks
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Denver-based DaVita Inc. has agreed to pay slightly more than $34 million to resolve allegations that it violated the False Claims Act (FCA). The U.S. Department of Justice (DOJ) reported in a news release that DaVita paid kickbacks to induce referrals to DaVita Rx, a former subsidiary that provided pharmacy services for dialysis patients, directin…
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Handle with Care: Taking Steps for Safe Transitions
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Have you ever wondered how professional movers carefully pack everything? From expensive china to precious crystal stemware, they seem to have a knack and knowledge for how to prepare. When it comes to healthcare, how safe is the transition from hospital to home if a patient cannot get the services they need at home when they are ready to transitio…
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Understanding Palliative Care: Strategies for Compliance and Reimbursement
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In this episode, AGG Post-Acute & Long-Term Care co-chair Jason Bring is joined by AGG Healthcare attorney Charmaine Mech Aguirre to discuss the latest developments in the palliative care industry across the country. Jason and Charmaine talk through the key differences between hospice and palliative care, various models and approaches providers are…
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For nearly four decades, a judicial principle known as “Chevron deference” has guided the federal courts as they reviewed litigation associated with federal agencies. Chevron deference allowed legislators to leave statutes somewhat vague, assuming that an agency full of government experts would sort out the details and promulgate effective regulati…
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Special Alert: DOJ Cracks Down on Nearly 200 Involved in Major Healthcare Fraud Schemes
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In a late-breaking press release, the U.S. Department of Justice (DOJ) announced late Thursday that the agency had charged nearly 200 individuals accused with involvement in various healthcare fraud schemes estimated at $2.7 billion. Charges were brought against nurses, physicians, and others in a national sweep, and it was estimated that more than…
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How a Different Type of Whistleblower Created a Lesson Worth Learning
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A recent federal court decision in New Jersey demonstrates the viability of a different kind of whistleblower – in this case, a privately defrauded party. The most common type of a whistleblower under the False Claims Act (FCA) tends to be a corporate insider who sees fraud committed against the government by their employer or a company they work w…
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The Human Touch at the Intersection of Artificial Intelligence and Denied Claims
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Artificial intelligence (AI) is fast becoming a fixture in healthcare revenue cycle management (RCM), where finance leaders are desperate for ways to relieve understaffed departments struggling under unprecedented volumes of third-party audit demands and rising denial rates without sacrificing accuracy or precision. During the next live edition of …
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Lessons Learned From ALJ Hospice Audit Appeals
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In this episode, AGG Post-Acute & Long-Term Care co-chair Jason Bring is joined by Megan Turby and Lisa Barker, MD, of Gulfside Healthcare Services in Land O' Lakes, Florida. AGG represented Gulfside in a series of hospice audit appeals before multiple administrative law judges ("ALJs"). Megan and Dr. Barker share their experiences in the ALJ heari…
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OIG On the Prowl: Semi-Annual Report to Congress
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They’re looking for fraudsters, going on the prowl for bad actors, as revealed in the latest semi-annual report to Congress compiled by the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG). In this latest report, the government watchdog identified more than $2.76 billion in expected recoveries and receivables. Pr…
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Most healthcare investigations by the U.S. Department of Justice (DOJ) result in settlements. Many times, the complete details of the settlements in underlying government cases are not fully disclosed. But sometimes, a provider ends up at trial. And when that happens, it often offers insights into what it takes to get hit with hefty fines – and pos…
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New Medical Technologies: Are They Audit-Proof?
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A deep dive into microbiology can reveal an up-close look at the cells that make up organs of the human body – and corresponding cancer treatments that leave no trace of damage. The science of medicine appears to be moving at the speed of light lately. But will new healthcare technologies be audit-proof? Monitoring these escalating changes and thei…
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Healthcare Whistleblower Roundup: Recent Settlements Reach Nearly $10 Million
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Two recent settlements to resolve allegations of violating the False Claims Act – both involving the virulent COVID-19 – are the latest in a series of actions that will be reported on during the next edition of Monitor Mondays by famed whistleblower Mary Inman, who also notes that her company, Whistleblower Partners, LLP, is poised to announce anot…
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How will leaders leverage AI, data, and human insight? In this episode of Relearning Leadership, host Pete Behrens welcomes guest Eric Kihn, PhD, who leads AI strategy for the U.S. government in environmental sciences. Dr. Kihn shares insights from his decades-long journey in artificial intelligence and discusses how these technologies are lowering…
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The AI Arms Race in Healthcare Auditing: Handicapping Winners and Losers
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The arms race is heating up. On one side there are healthcare providers, and on the opposing side, an army operated by the auditors. Who will be the winners and losers? Are you safe? And how do you protect your facility from claim denials and takebacks, especially when auditors are using artificial intelligence (AI)? RACmonitor investigative report…
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Do you have peer-to-peer (P2P) discussions? Are they useful? Are they valuable? And how do you know? Our own physician and attorney, Dr. John K. Hall, will offer his unique take on the value of P2P interactions and how you should measure it during his appearance as Guest Panelist on the next upcoming edition of Monitor Mondays. Broadcast segments w…
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The Two-Midnight Rule: Navigating Treacherous Medicare Currents
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Like seasoned harbor pilots navigating tugboats through natural and manmade hazards, physician advisors each day face the daunting task of guiding their hospitals through a labyrinth of Medicare rules and regulations. Reporting on those conditions during the next edition of Monitor Mondays will be the vice chair of the recently concluded national c…
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Artificial Intelligence (AI) software is now in the “hype phase” of adoption. It promises to increase the efficiency of medical audits. But also, AI is being touted as being able to handle much more data, examine many more cases, and instantly make decisions regarding medical necessity or inadequate documentation. The number of audits can be double…
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Medicare Advantage “Schemes” in the DOJ Crosshairs
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The recent $37 million settlement against Cigna regarding enhancing risk adjustment factor (RAF) scores —along with related litigation by the U.S. Department of Justice (DOJ)— highlight the aggressiveness of the federal government to crack down on entities for non-compliant billing practices. During the next live edition of Monitor Mondays, Dr. Jam…
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58: Change Leadership: How to Set Up Your Transformation Team for Success
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How can you set a transformation team up for success? Dive into the change leadership with this episode of the Relearning Leadership podcast, featuring Alena Keck, head of Vodafone’s Lean-Agile Center of Excellence. Discover the pivotal role of emotions in driving organizational change, the journey of transforming leadership mindsets, and the innov…
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Whistleblower Update: $300 Million in Alleged Fraud
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The U.S. Department of Justice (DOJ) has joined a whistleblower lawsuit that accuses Martin’s Point Health Care, along with five other providers in other states, of defrauding the government of more than $300 million, pertaining to allegations that the providers inflated patients’ risk scores to obtain higher payments to which they were not entitle…
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How to Achieve a Clear Vision for Hospital Price Transparency
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Since its launch in January 2021, the Hospital Price Transparency Rule from the Centers for Medicare & Medicaid Services (CMS) has been a vexing issue for many of America’s hospitals. Despite enforcement efforts from CMS, implementation for many providers has been onerous – so much so that when the latest requirements were issued by CMS, one could …
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How are CEOs viewing the impact of AI? In this episode of (Re)Learning Leadership, host Pete Behrens is joined by Agile pioneer Jim Highsmith to dig deeper into the impact of AI on leadership and organizational dynamics. Drawing from the IBM CEO's Guide to Generative AI report, they explore how Agile principles are increasingly integral to effectiv…
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The Fix is in: Hospital Price Transparency Rule
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Many of America’s hospitals continue to be challenged as it pertains to complying with the requirements from the Centers for Medicare & Medicaid Services (CMS) for implementing the agency’s rule on hospital price transparency. And that is why RACmonitor and Monitor Mondays are producing a three-part series, in collaboration with ClaraPrice, to help…
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Empowering the Bedside Physician to Lower Observation Rates
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America’s hospitals are currently facing a critical challenge: a flood of patients placed under observation, leading to lost revenue and operational disarray. Amid the confusion, questions arise. Even seasoned bedside physicians struggle with uncertainty in determining patient status upon admission. But fear not! There is hope in this chaotic lands…
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Hospital Price Transparency Rule: An Important Update
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There was a time when everyone in healthcare compliance and revenue cycle management was scrambling to implement the Hospital Price Transparency Rule. Now, nearly four years later, it’s back. The Centers for Medicare & Medicaid Services (CMS) 2024 Final Rule for Price Transparency marks the biggest change to the rule requirements since it initially…
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Updated Episode | Chevron Deference: What Happens if There’s No Deference?
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What happens if the Supreme Court of the United States (SCOTUS) dismantles decades of government agency discretion? Recent cases at SCOTUS indicate that this could happen. But what would be the consequences? During the next live edition of the long-running Internet radio broadcast Monitor Mondays, RACmonitor’s own physician and attorney Dr. John K …
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Artificial Intelligence: Examining Promises, Skepticism, and Ethical Implications
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The implementation of generative artificial intelligence (AI) in the Electronic Health Record (EHR) is one of several hot-button issues to be explored during the next live edition of the Monitor Mondays, the long-running Internet broadcast produced by RACmonitor. Other high-level considerations to be reported include leveraging AI in regulatory com…
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56: AI for Leaders | Pete Behrens and Henrik Kniberg
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Is there an industry that AI hasn’t touched? Let’s dive into the rapidly evolving world of artificial intelligence and its implications for leadership with expert Henrik Kniberg. Known for his transformative work in Agile and organizational change, Kniberg joins Pete Behrens to explore AI's potential to revolutionize leadership, innovation, and per…
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What’s the Score with Your Physicians? Don’t Miss MIPS
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The Merit-based Incentive Payment System (MIPS) uses a composite performance score to determine if eligible physicians will receive a payment bonus, a payment penalty, or no payment adjustments. So, what’s the score for your physicians? Do they know? During the next live edition of the long-running Monitor Mondays, Leigh Poland, vice president of c…
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How are you investing in your personal and professional growth? Discover the power of self-investment in leadership on the latest episode of the Relearning Leadership podcast. Host Pete Behrens delves into the journeys of Kasey Rivas, Associate Director of Strategic Partnerships at March of Dimes, and Sonny Mendoza, IT Transformation Manager at Ope…
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How CERT Data Is Used to Target Providers
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Auditors use the Comprehensive Error Rate Testing (CERT) study from the Centers for Medicare & Medicaid Services (CMS) as a way to target individual providers for potential recoupment. For example, if you get paid millions of dollars for some procedure codes or DRGs that have high error rates, it increases the likelihood that those specific codes a…
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How to Protect Your Facility from CERT Audits
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What’s important to know about the Comprehensive Error Rate Testing (CERT) program from the Centers for Medicare & Medicaid Services (CMS) is that auditors rely upon the results to target specific providers for recoupment audits. The more you know about CERT and the study results, the better position you will be in when it comes to understanding bo…
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54: Feedback Fundamentals | Frank Fitzlaff and Pete Behrens
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Do our leaders give enough of the right kind of feedback? In this episode of the Relearning Leadership podcast, host Pete Behrens is joined by special guest Frank Fitzlaff, a Zurich-based Agile Coach and Agile Leadership Journey Guide. Pete and Frank discuss how to foster a culture of continuous improvement through feedback. Discover why feedback i…
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U.S. Forced to Comply with International Healthcare Law: Fact or Fiction?
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Will the World Health Organization (WHO) be given the power to impose restrictive pandemic measures on countries, including the United States? Will it be legally binding? What are the challenges and opportunities for healthcare providers in the United States, and how will this be enforced? The member states of the WHO have been working on a plan of…
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What leadership skills will make you stand out in 2024? Laura Powers and Evan Leybourn of the Business Agility Institute discuss their recent research findings about the skills necessary for success in today's workforce.By Pete Behrens
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No more eggnog. Toss the champagne bottles. The good times are over, and now it’s back to business. But not business as usual. As the rest of the nation’s healthcare professionals clocked in for overtime, claims auditors were scrutinizing medical records, looking for the slightest inconsistency upon which to pounce. Now, nearly four weeks since its…
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52: Strategic Thinking | Pete Behrens & Christina Carlson
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What does it mean when somebody asks you to be more strategic? In this episode of the Relearning Leadership podcast, Pete and ALJ Guide and leadership coach Christina Carlson discuss the difference between strategy and strategic thinking, and how leaders can execute the day-to-day while keeping an eye on the big picture.…
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“He’s making a list, checking it twice…” With a nod to the legendary Tin Pan Alley composer Haven Gillespie, who penned the lyrics to the iconic holiday song, senior healthcare consultant Ronald Hirsch, MD has been making his own list of healthcare professionals all year, paying close attention to their deeds in the field of healthcare. Calling the…
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America’s Healthcare System: A Gordian Knot
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RACmonitor investigative reporter Edward M. Roche, an intrepid regular monitor of America’s healthcare system, will return to Monitor Mondays for its next upcoming edition to report on how and why America’s healthcare system has tied itself into a Gordian Knot of complexity: interwoven strands of conflicting rules and regulations, different payment…
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51: Managing Change Fatigue | Pete Behrens
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For better or worse, all types of changes – personal and professional, big and small – impact our lives. In this episode of Relearning Leadership, Pete talks about his own experience managing change fatigue as well as how he has seen its effects in our communities, workplaces, and personal lives. Listen to hear his three ways in which we can acknow…
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At the Intersection of AI and Medical Record Audits
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The annual 2023 MDaudit Benchmark Report has been published, and it is relevatory in its analysis of articial intelligence (AI) and its impact on payment and revenue integrity. According to the report, the primary topic of discussion for the next live edition of the long-running Monitor Mondays Internet broadcast, the implications of AI are immense…
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False Claims Act Roundup: 2023 Was a Very Good Year for the Feds
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To quote the titular lyrics of the song popularized by Frank Sinatra for his very first No. 1 hit, “it was a very good year.” The U.S. Department of Justice (DOJ) announced that more than $2 billion in False Claims Act settlements and judgments were reported in the 2023 fiscal year. According to the DOJ, government and whistleblowers were “party to…
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The Two-Midnight Rule Remains Too Confounding
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The Two-Midnight Rule was first announced 10 years ago, October 2013, by the Centers for Medicare & Medicaid Services (CMS). Even today, though, the Rule remains an ongoing source of confusion for physicians as well as revenue cycle and finance experts. However, it also will take on new importance, as CMS promises that Medicare Advantage (MA) plans…
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50: Agile Adaptive Leadership | Pete Behrens & Jim Highsmith
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In this episode of (Re)Learning Leadership, Pete welcomes a true agile pioneer, Jim Highsmith. Jim shares how his career has evolved from NASA engineer to ThoughtWorks alum, as well as being a co-author of the Agile Manifesto. In their conversation, Pete and Jim explore the fusion of agile and adaptive principles, shedding light on how these concep…
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Violence in America’s hospitals is an issue that is squarely on the minds of hospital administrators and staff. And the violence seen in our society has increasingly encroached into the medical workplace. This violence can be verbal, it can be physical, it can be disturbing, and it can be deadly. The escalation and prevalence of violence in hospita…
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Lowering Prices, Increasing Supplies of Prescription Drugs
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Congress and the Biden Administration continue to take a keen interest in issues related to prescription drug access and pricing. There is evidence of recent movement on Capitol Hill toward legislation aimed at addressing drug shortages affecting the healthcare system. The government also is implementing a plan Congress approved last year to lower …
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49: Leading Agile Transformations | Pete Behrens & David Ritter
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In this episode of (Re)Learning Leadership, Pete discusses the topic of agile transformations with Boston Consulting Group’s David Ritter. David shares insights and expertise from his 40-year career, including the difficulties around implementing agile transformation at large organizations, the courage required of those organizations’ executives, a…
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When it Rains, it Pours: Understanding New Compliance Risks
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So far in October, the U.S. Department of Justice (DOJ) has been very busy, securing settlements, pleas, and convictions ranging in value from $25 to $350 million. And just this month, DOJ announcements have featured settlements related to Anti-Kickback and Stark violations, as well as convictions in genetic testing schemes and guilty pleas for fra…
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The Future of Cancer Treatment is Now: But Will Payers Pay?
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Coinciding with National Breast Cancer Awareness Month (October), RACmonitor investigative reporter Edward M. Roche recently went to the laboratories of Memorial Sloan Kettering to investigate one of the most exciting scientific developments of the decade. Roche, who was among the first to introduce the healthcare compliance world to algorithms, ar…
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