Legal Considerations for OT (Part 2)

Earn 1 hour of continuing education by joining OT Potential after taking this course.

OT reimbursement from traditional models is on the decline, while the need for OT services is on the rise.

Thus, entering into private practice is an important avenue for OTs to consider. 

But, with this comes all kinds of legal considerations. 

In the first part of this two part series, we talked about choosing a legal entity, working with your full scope of practice as laid out by your licensure laws, and navigating Medicare covered services. 

Now in part two, we are getting into more considerations from navigating anti-trust, Stark Law, anti-kickback, to monopolization laws. 

This is truly information that all OTs need to be savvy about. 

We’ll welcome back two returning podcast guests, Monika Lukasiewicz, OTR/L (who is looking to start her practice) and Alyson Stover, MOT, JD, OTR/L, BCP (a pediatric occupational therapist/private practice owner, who also has a degree in health law.) 

This will be a live webinar! So we will answer you questions at the end! Please note, we cannot give legal advice during this time—but, we do want to help equip you to understand these basic legal considerations- so you can run (or at least be part of) a sound, profitable business.

Laws and regulations related to therapy practices

Working within your scope 

• YOUR state practice act (Find yours in the chart on this page) 

Privacy

• HIPAA

Healthcare Fraud and Abuse Laws 

• False Claims Act
• Anti-Kickback Statute
• Physician Self-Referral Law (Stark Law)

Overarching anti-trust laws to preserve competition

• The Sherman Antitrust Act
• The Clayton Act

Supporting Research and Journal Articles

• False Claims Act and Anti-Kickback Statute
• Legal and Ethical Consideration in Artificial Intelligence in Healthcare: Who Takes Responsibility? 
• Perspective: Telehealth – beyond legislation and regulation

Learning Objectives

1. You will be able to recognize legal considerations for partnering with other providers.
2. You will be able to identify legal considerations for selling products.

Agenda

Intro (5 minutes)

Discussion (40 minutes)

1. Update on Monika’s business.
2. What are the different possible arrangements for partnering with a provider?
3. Can we sell retail products? (Navigating anti-trust, Stark Law, anti-kickback, and monopolization laws) 
4. Can I provide services across state lines? 
5. What should I consider for liability insurance?
6. What are examples of legal actions that have been successful against OT, that we for sure need to watch out for. (And, what is the false claims act) 

Live Q&A (10 minutes)

Closing (5 min)

Target Audience/Educational Level

Our target audience is occupational therapy practitioners who are looking to learn about legal considerations for OT.  The educational level is introductory.

Financial and Non-financial Disclosures

It is the policy of OT Potential to disclose any financial and non-financial interest the provider or instructor may have in a product or service mentioned during an activity. This is to ensure that the audience is made aware of any bias of the speaker.

We here at OT Potential have no financial stake in this topic. 

Speakers

Alyson Stover, MOT, JD, OTR/L, BCP

A childhood family trauma introduced Alyson to the power of occupational therapy. A subsequent lifetime of study and practice convinced her that consumer advocacy was every bit as essential as her technical practice of occupational therapy. 

Now, Alyson and her husband own a private outpatient pediatric practice in a rural county in Pennsylvania and co-founded a non-profit organization that uses occupation to address community, societal and population needs.  She currently serves as the Director of Clinical Services and continues to practice as an occupational therapist at Capable Kids and lead clinical consultant for Capable Families. 

Alyson’s areas of expertise include pediatrics and holistic, occupation-centric approaches to substance misuse and trauma.  Additionally she consults in various capacities, including clinical as well as systems, bringing expert program development knowledge, change at the micro, meso, and macro levels, sustainability, and business resilience/staff wellness.   

Alyson also is committed to promotion of occupational therapy through grassroots advocacy initiatives and development of community collaborations to support community wellness.  She has partnered with many organizations in her hometown to implement innovative, interdisciplinary programs through community grant funding and state funds.  She is AOTA Board Certified in Pediatrics. 

Additionally, Alyson is an associate professor in the Department of Occupational Therapy at the University of Pittsburgh where she also obtained her juris doctorate in law with a post-graduate certificate in health law.  Her interests include using occupational therapy as a powerful driving-force for larger health care change, advancing occupational therapy’s national and global relevance and occupational therapy’s role as a leader in policy development and implementation.  Alyson is humbled and honored to serve as the President of the American Occupational Therapy Association (AOTA), and is eager to hear the voices of all members of the occupational therapy community.

Monika Lukasiewicz, OTR/L

Monika works is a professional problem solver inspired to bring practical solutions to the dementia care, especially families or individuals living with any form of it. She is currently focusing on inspiring use of the COPE Program principles to sustainable practices, including technology, documentation and clinical care. This includes addressing 1) improving quality of life,  2) improving confidence in handling behaviors related to dementia, 3) decreasing institutionalization, 4) decreasing stress and 5)  improving participation for individuals living with a form of dementia. This also includes living with IDD and a form of dementia, or living at home with a loved one with a form of dementia.

Monika earned her Master’s of Occupational Therapy from College of St. Mary in 2009. Since then, she has worked in acute care, acute rehab, ICU, skilled nursing, outpatient, as an adjunct professor and home health. The majority of her career–and passion–has been in home health.

She has experience implementing evidence-based occupational therapy in dementia care using the COPE Program (developed by Drexel University as part of a Federal Grant from the Administration on Community Living (ACL) under an Alzheimer’s Dementia Program Initiative (ADPI) awarded to the non-profit Oakwood Creative Care in Mesa, AZ. She is trained in the COPE (Care of Older People in their Environment), Skills2care, motivational interviewing, healthy habit development, and lifestyle redesign. She is also collaborating with the GUIDE Model thru EmpowerMe Wellness and is open to creating innovative pathways for better dementia care.

This course was designed to meet your continuing education requirements

We designed the courses in the Club to meet the requirements for “online” and “independent/self-study” courses. To verify the requirements from your specific state (within the US), check out our post, OT Continuing Education Requirements. If you are outside of the United States and have questions, please contact us.

We are proud to be an AOTA Approved Provider and to meet the requirements for your NBCOT renewal.

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