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Experienced and passionate about helping solve your healthcare legal needs

Robert TrusiakRobert Trusiak, attorney at law, offers a valuable set of legal skills based on his 20 years experience as a Federal Assistant United States Attorney, coupled with corporate experience as a chief compliance officer for a large health care provider caring for over one million patients annually. We offer practical legal and compliance solutions to physicians, practice, health systems, skilled nursing facilities and other health care businesses.

Robert Trusiak is a Principal of Health Care Compliance Support. Mr. Trusiak also represents hospital and physician clients on regulatory, statutory, and enforcement issues.

Robert also counsels clients on a number of state and federal health care regulatory matters, including health care reform, fraud and abuse, the Stark Law, Privacy Law, and health care compliance issues.

Mr. Trusiak is also an Adjunct Professor, University at Buffalo, SUNY, teaching a graduate level course entitled Health Care Fraud and Abuse.


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CMS Finalizes Changes to Empower Patient EMR Access and Reduce Administrative Burden

On August 02, 2018, the Centers for Medicare & Medicaid Services (CMS) issued final rules related to the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment System. Finalized changes will support patient-centered care by reinforcing the MyHealthEData and Patients Over Paperwork initiatives.

These final rules, alongside other updates made earlier in the week, will help empower patients to access their own health data while granting providers more time to spend with their patients through administrative simplification, according to CMS Administrator Seema Verma.

The fiscal year 2019 Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment System (PPS) rules mandate price transparency for patients, health data exchange between patients and providers, and the reduction of administrative burden that CMS says prevents providers from building strong patient-provider relationships. Ultimately, these moves aim to empower patients with the information necessary to make decisions about their own care.


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New Guidance on HIPAA and Individual Authorization of Uses and Disclosures of PHI for Research

On June 18, 2018, the Office for Civil Rights issued new guidance on HIPAA and individual authorization of uses and disclosures of protected health information (PHI) for research. The guidance explains certain requirements for an authorization to use or disclose PHI for future research and clarifies aspects of the individual's right to revoke an authorization for research uses and disclosures of PHI.

Authorization General Requirements

With few exceptions, HIPAA requires individual authorization from patients prior to using patients’ PHI for research. A HIPAA-compliant authorization for use of PHI for research:

  • must be in plain language
  • must contain specific information regarding:
    - a description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion,
    - the names or other specific identification of the persons authorized to disclose and receive the information,
    - a description of each purpose of the requested use or disclosure, and
    - an expiration date or expiration event that relates to the individual or the purpose of the use or disclosure.


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MEASURING COMPLIANCE PROGRAM EFFECTIVENESS

Measuring compliance program effectiveness is recommended by several authorities, including the United States Sentencing Commission (see, Chapter 8 of the United States Sentencing Guidelines). The Compliance Department is not permitted to perform these audits. Audits must be performed independently, to avoid self-policing. https://www.cms.gov/Medicare/Compliance-and-Audits/Part-C-and-Part-D-Compliance-and-Audits/Downloads/Element-VI-Focused-Training-Power-Point-.pdf. However, it has been reported that only 25 percent of surveyed organizations reported using outside experts to evaluate their program, and nearly 66 percent of organizations claimed that they rely upon self-assessment tools and checklists to evidence their compliance program effectiveness.

On January 17, 2017, the Department of Health and Human Services, Office of Inspector General (OIG) addressed ways to measure the effectiveness of compliance programs. https://oig.hhs.gov/compliance/compliance-resource-portal/files/HCCA-OIG-Resource-Guide.pdf. The critical review necessary to ensure compliance programs address the fluid nature of health care risk is the best means to promote effective compliance and mitigate the opportunity for a state or federal audit.


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Fully HIPAA and HITECH Compliant

Trusiak Law, in its representation of health care clients, performs certain functions or activities on their behalf that involve the use or disclosure of protected health information. Trusiak Law routinely enters into the required business associate agreements with these physician, hospital and health care clients in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Trusiak Law has implemented the appropriate safeguards to prevent unauthorized use or disclosure of the information, including the adoption of the necessary written policies required by a Business Associate, even an attorney, pursuant to the HIPAA Security Rule for handling protected health information.


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Letters of Appreciation

2015

We would like to extend our appreciation for the excellent plenary session you presented at our 17th annual Health Care Compliance Conference. We had 60 attendees complete the post conference survey and 98% ranked the quality of the conference as excellent or very good.

Paul Levy, M.D.
Compliance Program Medical Director


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Notable Cases

United States v. Michael Morin

I led an investigative team, including the FBI, that obtained one of the few securities fraud convictions in the WDNY. Mr. Morin, former owner of SPOT Coffee, issued private securities to investors and failed to inform them of an outstanding FICA tax debt in the approximate amount of $750,000.00. Mr. Morin was convicted of 15 U.S.C.§78j(b), manipulative and deceptive devices, and sentenced to an eighteen month term of incarceration.


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Publications Quoting Trusiak

Report on Medicare Compliance 2016

Former federal prosecutor Robert Trusiak, however, doesn't see it this way. "Whistleblowers don't drive the False Claims Act agenda," says Trusiak, who is a principal at Health Care Compliance Solutions in Buffalo, NY. "Whistleblowers file cases investigated by the US attorney, through intervention or declination of the whistleblower action, drives the agenda." Anyway, he says, "so what?"


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Office Location

Buffalo Office

300 International Dr
Williamsville, NY 14221

Phone: +1 (716) 352-0196
Fax: +1 (716) 626-3001
Email: robert@trusiaklaw.com