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Vicki Myckowiak, Esq.
PartnerVICKI MYCKOWIAK is a partner with The Health Law Partners. Ms. Myckowiak has practiced healthcare law for over 30 years focusing her practice on representing physician practices, hospitals and a variety of other types of providers on issues including compliance programs, Medicare audits, commercial payor audits, provider contracting, billing service contracting, managed care contracting, informed consent, HIPAA, fraud and abuse investigations, reimbursement, and third-party payor coverage issues. Ms. Myckowiak also works extensively with third party billing companies. She is recognized as a national leader in assisting and representing the specialties of anesthesia and interventional pain.
Ms. Myckowiak frequently writes and speaks on trends in health care law including fraud and abuse, government enforcement efforts and regulatory initiatives, Medicare and commercial payor audits, HIPAA, contracts, audits, and compliance programs.
Education
- J.D., The National Law Center at George Washington University
- B.A., Franklin & Marshall College
Jurisdictions Admitted to Practice
- Michigan
Professional Associations
- Michigan Bar Association
- Maryland Bar Association (inactive)
- District of Columbia Bar Association (inactive)
- American Health Law Association
- Health Care Compliance Association
- American Bar Association Health Care Law Section
Published Works
Contributor, "Guidelines for Prescribing Opioids for Chronic Non-Cancer Pain," American Society for Interventional Pain Physicians ("ASIPP") (2023).
"The Smart Anesthesia Group’s Guide to Defending a Payer Audit," Communique (Fall 2017).
"Anesthesia and Chronic Pain Compliance Risk Areas" Compliance Advice from Benjamin Franklin and Francis Bacon," Communique, Volume 18, Issue 2 (Spring 2013).
"Medicare Audits," Essential of Practice Management: Billing, Coding and Compliance in Interventional Pain Management, 2012.
"Fraud and Abuse in Interventional Pain Management," Essential of Practice Management: Billing, Coding and Compliance in Interventional Pain Management, 2012.
"Compliance in Interventional Pain Practices," Essential of Practice Management: Billing, Coding and Compliance in Interventional Pain Management, 2012.
"Office of Inspector General Compliance for Interventional Pain Physicians," Essential of Practice Management: Billing, Coding and Compliance in Interventional Pain Management, 2012.
"Responding to Subpoenas," Essential of Practice Management: Billing, Coding and Compliance in Interventional Pain Management, 2012.
"Compliance," Pain Medicine & Interventional Pain Management: A Comprehensive Review; Foundations, 2011
"Medicare’s New Focus on Error Prone Providers: Why You Need to Be Aware," ASIPP News, Winter 2011.
"The Medicare Audit and Appeals Process: A Guide for Interventional Pain Practitioners," Pain Physician, May/June 2009.
"Compliance in Interventional Pain Practices," Pain Physician, May/June 2009.
"Negotiating Hospital Financial Arrangements – The Road to Success," The Resource, September 2008.
"2005 Outlook. Pay attention to private payor contacts, medical necessity," quoted in the Anesthesia & Pain Coder’s Pink Sheet, January 2005.
"Hurwitz trial: Enforcement is key with opioid consent agreements," quoted in the Anesthesia & Pain Coder’s Pink Sheet, December 2004.
"An Ounce of Prevention Equals a Pound of Cure: Understanding anesthesia compliance risk areas," The Summit Resource, September/October 2004.
"New Model Opioid Policy Addresses Undertreatment of Pain," quoted in the Anesthesia & Pain Coder’s Pink Sheet, July 2004.
"2004 Predictions: MAC challenges, more private payer bundling lie ahead," quoted in the Anesthesia & Pain Coder’s Pink Sheet, January 2004.
"HIPAA Privacy Rule: A Practical Approach," The Summit Resource, June 2002.
"HIPAA Privacy Rule: A Practical Approach," Anesthesia Administrators of Texas Newsletter, April 2002.
"Provider Overpayments: Navigating the Waters for a Smooth Sail," Coding & Billing Expert, November/December 2001.
Archive
Speaking Engagements
"Avoiding Fraud and Abuse Investigations," presented to the American Society of Interventional Pain Physicians ("ASIPP"), Annual Meeting, April 4-6, 2024.
"Fraud and Abuse Investigations in IPM: Following Regulations and Avoiding Pitfalls," presented to the American Society of Interventional Pain Physicians ("ASIPP"), Strategies for Successful Practice Management in Interventional Pain Management, February 10-11, 2024.
"HIPAA Update: What Every Healthcare Provider Needs to Know," presented to the American Society of Interventional Pain Physicians ("ASIPP"), Strategies for Successful Practice Management in Interventional Pain Management, February 10-11, 2024.
"Is There a Case on That?" presented to the American Society of Anesthesiologists ("ASA"), ASA ADVANCE 2024: The Anesthesiology Business Event, January 26-28, 2024.
"How to Respond to Payor Audits," presented to the American Society of Anesthesiologists ("ASA"), ASA ADVANCE 2024: The Anesthesiology Business Event, January 26-28, 2024.
"Round Table: Compliance Programs and Internal Investigations," presented to the American Society of Anesthesiologists ("ASA"), ASA ADVANCE 2024: The Anesthesiology Business Event, January 26-28, 2024.
“Controlled Substances Act: the Basis for Opioid Prescriptions and Investigations” presented at the American Society of Interventional Pain Physicians Controlled Substance Management course, January 2023.
“Preventing and Responding to Drug Investigations: The Implications of Supreme Court Decisions in Ruan and others” presented at the American Society of Interventional Pain Physicians Controlled Substance Management course, January 2023.
“Current Hotspots for Interventional Pain Practices” presented as a webinar for the American Society of Pain Physicians, December 2023.
“Compliance Hot Spots for Interventional Pain Management” presented at the Annual Meeting of the American Society of Interventional Pain Physicians, March 2023.
“The Future of Independent Anesthesia Practice” panel presented at the Anesthesia and Billing Practice Management Conference, February 2023.
“Preparing for a Pain Compliance Audit” co-presenter at the Anesthesia and Billing Practice Management Conference, February 2023.
“Hospital Negotiations” co-presenter at the Anesthesia and Billing Practice Management Conference, February 2023.
“Is There a Case on That?” presented at the Anesthesia and Billing Practice Management Conference, February 2023.
“The Opioid Policies in 2023: The New Guidelines and Legal Requirements,” presented for the Society of Pain Practice Management, February 2023.
“Is There a Case on That? Lessons Learned from Real Cases,” presented for the Society of Pain Practice Management, February 2023.
“How to Respond to Audits by Payors including Medicare, Medicaid and Commercial Insurance Companies” sponsored by Webinar Planet, February 2023.
“How to Contract with a Billing Company” sponsored by Webinar Planet, January 2023.
“Following Regulations and Avoiding Pitfalls” presented at the Documentation, Coding, Compliance and Practice Management Review Course of the American Society of Interventional Pain Physicians, January 2023.
“HIPAA Update: What Every Healthcare Provider Needs to Know” presented at the Documentation, Coding, Compliance and Practice Management Review Course of the American Society of Interventional Pain Physicians, January 2023.
“HIPAA Privacy, Security Compliance and Newer Regulations” presented at the Midwest Regional Meeting 2022 of the American Society of Interventional Pain Physicians, November 2022.
“IPM Practices: Following Regulations and Avoiding Pitfalls” presented at the Midwest Regional Meeting 2022 of the American Society of Interventional Pain Physicians, November 2022.
“Denials, Audits and Appeals” presented at the Midwest Regional Meeting 2022 of the American Society of Interventional Pain Physicians, November 2022.
"An Update on Surprise Billing" presented at The Advanced Institute for Anesthesia Billing and Practice Management, March 2022.
"Exclusive Arrangements vs. Employment" presented at The Advanced Institute for Anesthesia Billing and Practice Management, March 2022.
"Is there a case on that?" presented at The Advanced Institute for Anesthesia Billing and Practice Management, March 2022.
"HIPAA Right of Access Initiative: What Every Healthcare Provider Needs to Know" presented at the American Society of Interventional Pain Physician’s Documentation, Coding, Compliance and Practice Management Conference, February 2022.
"Healthcare Fraud and Abuse: Practical Steps to Ensure Compliance" presented at the American Society of Interventional Pain Physician’s Documentation, Coding, Compliance and Practice Management Conference, February 2022.
"How to Survive a Billing Audit" presented at the American Society of Interventional Pain Physician’s Documentation, Coding, Compliance and Practice Management Conference, February 2022.
"Surviving an Audit During and After the COVID-19 Pandemic" presented at the American Society of Interventional Pain Physicians Annual Meeting 2021, June 2021.
"Negotiating Exclusive Arrangements with your Hospital" presented at The Advanced Institute for Anesthesia Billing and Practice Management, May 2021.
"Is There A Case On That? Lessons from Real Cases" presented at The Advanced Institute for Anesthesia Billing and Practice Management, May 2021.
"OIG Compliance: Good, Bad, Ugly" presented at the American Society of Interventional Pain Physician’s Documentation, Coding, Compliance and Practice Management Conference, June 2020.
"An Introduction to Fraud, Abuse, Compliance and Defense; Nothing Has Changed in COVID-19" presented at the American Society of Interventional Pain Physician’s Documentation, Coding, Compliance and Practice Management Conference, June 2020.
"Medical Billing Audits: Survival Without Ruining Your Practice" presented at the American Society of Interventional Pain Physician’s Coding, Compliance and Practice Management Conference, October 2019.
"OIG Compliance" presented at the American Society of Interventional Pain Physician’s Coding, Compliance and Practice Management Conference, October 2019.
"HIPAA Privacy and Security Update" presented at the American Society of Interventional Pain Physician’s Coding, Compliance and Practice Management Conference, October 2019.
"IPM practices: Following Regulations and Avoiding Pitfalls" presented at the American Society of Interventional Pain Physician’s Coding, Compliance and Practice Management Conference, October 2019.
"Denials, Audits and Overpayments: A Practical Approach" presented at the Billing and Compliance Summit, October 2019.
"Handling a Compliance Investigation" presented at the Billing and Compliance Summit, October 2019.
"Creating Great Templates" presented at the Advanced Specialty Coding, Compliance and Reimbursement Symposium, October 2019.
"Privacy and Security Challenges Today and Tomorrow" presented at the Advanced Specialty Coding, Compliance and Reimbursement Symposium, October 2019.
"Urine Drug Screens – Get Caught Up on Denials" presented at the Advanced Specialty Coding, Compliance and Reimbursement Symposium, October 2019.
"Tune Up Your Compliance Radar with an Attorney" presented at the Advanced Specialty Coding, Compliance and Reimbursement Symposium, October 2019.
"Getting Caught Up on Compliance for Anesthesia Groups" presented at the Advanced Specialty Coding, Compliance and Reimbursement Symposium, October 2019.
"Getting Caught Up on Compliance for Pain Management Practices" presented at the Advanced Specialty Coding, Compliance and Reimbursement Symposium, October 2019.
"HIPAA Privacy, Security Compliance, and Newer Regulations" presented at the Annual Meeting of the Midwest Societies of Interventional Pain Physicians, June 2019.
"Adherence Monitoring, Billing and Coding for Urine Drug Testing" presented at the Annual Meeting of the Midwest Societies of Interventional Pain Physicians, June 2019.
"Denials, Audits and Appeals" presented at the Annual Meeting of the Midwest Societies of Interventional Pain Physicians, June 2019.
"Is There A Case On That? Lessons from Anesthesia and Pain Groups from Real Cases" presented at The Advanced Institute for Anesthesia Billing and Practice Management, May 2019.
"Getting Providers on Board with Compliance" presented at presented at The Advanced Institute for Anesthesia Billing and Practice Management, May 2019.
"Denials, Audits and Overpayments: A Practical Approach" presented at presented at The Advanced Institute for Anesthesia Billing and Practice Management, May 2019.
"Compliance Q & A: Do you Have a Question?" presented at presented at The Advanced Institute for Anesthesia Billing and Practice Management, May 2019.
"Exclusive Arrangements with Your Hospitals: The Negotiation Process and Strategy Considerations" at the Advanced Institute for Anesthesia Practice Management, April 2018.
"Is There a Case on That: Lessons for Anesthesia and Pain Groups from Real Cases" at the Advanced Institute for Anesthesia Practice Management, April 2018.
"Handling a Compliance Investigation From Notice to Overpayment Return" at the Advanced Institute for Anesthesia Practice Management, April 2018.
"Compliance Hot Spots for IPM" presented at the American Society of Interventional Pain Physicians 20th Annual Meeting, March 2018.
"The HIPAA Security Risk Assessment" presented at the American Society of Interventional Pain Physicians 20th Annual Meeting, March 2018.
"Reporting/Returning Overpayments" presented at the American Society of Anesthesiologists’ conference on Practice Management, January 2018.
"Preventing and Responding to Drug Investigations of Your Practice" presented at the 2017 American Society of Interventional Pain Physicians Comprehensive Interventional Pain Controlled Substance Management Course, July 2017.
"Liability, Informed Consent and Risk Management" presented at the 2017 American Society of Interventional Pain Physicians Comprehensive Interventional Pain Management Review Course, July 2017.
"Fraud, Abuse and Compliance" presented at the 2017 American Society of Interventional Pain Physicians Comprehensive Interventional Pain Management Review Course, July 2017.
"HIPAA: The Good, Bad and Ugly" presented at the 2017 American Society of Interventional Pain Physicians Coding, Compliance, and Practice Management conference, July 2017.
"Overview of Coding for Drug Testing in Chronic Pain" presented at the 2017 American Society of Interventional Pain Physicians Coding, Compliance, and Practice Management conference, July 2017.
"An Introduction to Fraud, Abuse, Compliance and Defense" presented at the 2017 American Society of Interventional Pain Physicians Coding, Compliance, and Practice Management conference, July 2017.
"OIG Compliance: The Good, Bad and Ugly" presented at the 2017 American Society of Interventional Pain Physicians Coding, Compliance, and Practice Management conference, July 2017.
"Exclusive Arrangements with Your Hospitals: The Negotiation Process and Strategy Considerations" at the Advanced Institute for Anesthesia Practice Management, April 2017.
"Is there a case on that: lessons for anesthesia and pain groups from real cases" at the Advanced Institute for Anesthesia Practice Management, April 2017.
"Defending a payor audit: what your anesthesia group needs to know" at the Advanced Institute for Anesthesia Practice Management, April 2017.
"Avoiding Risky Practices: Fraud and Abuse" at the 2017 American Society of Interventional Pain Physicians Annual Meeting, April 22, 2017.
"Oversight of Billing Company or Internal Billing" at the 2017 American Society of Interventional Pain Physicians Annual Meeting, April 21, 2017.
"Effective Compliance Programs from A to Z" at the 2017 American Society of Interventional Pain Physicians Annual Meeting, April 21, 2017.
"Urine Drug Testing Legal and Regulatory Perspective" at the 2017 American Society of Interventional Pain Physicians Annual Meeting, April 21, 2017.
"HIPAA Update" at the 2017 American Society of Interventional Pain Physicians Annual Meeting, April 22, 2017.
"Round table on Responding to a Request for Proposal, Negotiating Hospital Contracts in a Changing/Challenging/Competitive Environment" at the American Society of Anesthesiologist Practice Management 2017 meeting, January 21, 2017.
"Reporting/Returning Overpayments" presented at the American Society of Anesthesiologist Practice Management 2017 meeting, January 20, 2017.
"Anesthesia Investigations – Protect Your Practice with a 3-sided View" presented with Dr. Pam Upadya, and Kelly Dennis at the Advanced Anesthesia Coding, Compliance and Reimbursement Symposium, September 12, 2016.
"Pain Management Investigations – Protect Your Practice with a 3-sided View" presented with Devona Slater and Dr. Pam Upadya at the Advanced Pain Coding, Compliance and Reimbursement Symposium, September 13, 2016.
"A Practical Guide to Fraud, Abuse and Compliance", "HIPAA Privacy and Security Compliance" and "Escalating Use of IPM and other Services; Understanding LCDs, NCDs, Coverage Policies, Reviews and Appeals" presented at the American Society of Interventional Pain Physicians Controlled Substance Management and Business Management for Interventional Pain Management Practical Aspects on August 19, 2016.
"Practical Solutions to the Biggest Compliance Risks Facing Anesthesia Groups" and "How to Best Handle a Compliance Investigation," presented at the Advanced Institute for Anesthesia Practice Management, June 2016.
"Fraud and Abuse in an Interventional Pain Medicine Practice" and "LCD’s, NCDs and Payor Coverage Policies" presented at the American Society of Interventional Pain Physicians Comprehensive Review Course on June 10, 2016.
"A Practical Guide to Fraud, Abuse and Compliance", "HIPAA Privacy and Security Compliance" and "Escalating Use of IPM and other Services; Understanding LCDs, NCDs, Coverage Policies, Reviews and Appeals" presented at the American Society of Interventional Pain Physicians Controlled Substance Management and Practice Management and Competency Examinations on June 10, 2016.
"Practical Solutions to the Biggest Compliance Risks Facing Anesthesia Groups" and "How to Best Handle a Compliance Investigation," presented at the Advanced Institute for Anesthesia Practice Management, June 2016.
"New 60-day Overpayment Rule: Expert guidance to avoid errors and noncompliance penalties" webinar for the American Society of Interventional Pain Physicians presented on May 25, 2016.
"Recent Enforcement Actions Against Interventional Pain Physicians: How to Defend Against Enforcement Activities and Audits," "How to Defend and Audit," and "HIPAA Update" presented at the 2016 Annual Meeting, American Society of Interventional Pain Physicians, April 2016.
"New 60-day Overpayment Rule: Expert guidance to avoid errors and noncompliance penalties" webinar for Decision Health presented on March 23, 2016.
"Compliance Case Studies: 4 practices that ran afoul of the law and how a compliance plan could have saved them," presented as the Keynote Address at the 2015 Advanced Anesthesia Coding, Compliance Reimbursement Symposium, the 2015 Advanced Pain Coding, Compliance Reimbursement Symposium, the 2015 Advanced Cardiology Coding, Compliance Reimbursement Symposium and the 2015 Advanced Orthopedic Coding, Compliance Reimbursement Symposium, September 2015.
"Denials Management for Anesthesia Practices: Overcome appeals problems that plague your claims," presented with Devona Slater at the 2015 Advanced Anesthesia Coding, Compliance Reimbursement Symposium, September 2015.
"Chronic Opioid Management: Manage patient pain and alleviate your practice’s compliance risks," presented with Marvel Hammer at the 2015 Advanced Pain Coding, Compliance Reimbursement Symposium, September 2015.
"Pain Management Audits: identify and eliminate high risk areas," presented with Devona Slater at the 2015 Advanced Pain Coding, Compliance Reimbursement Symposium, September 2015.
"Fraud, Abuse and Compliance," presented at the American Society of Interventional Pain Physicians Comprehensive Pain Medicine and Interventional Pain Management Review Course, July 2015.
"HIPAA Update," presented at the American Society of Interventional Pain Physicians Coding, Compliance and Practice Management Review Course, July 2015.
"Fraud and Abuse: What are Interventional Pain Physicians Facing?" presented at the American Society of Interventional Pain Physicians Coding, Compliance and Practice Management Review Course, July 2015.
"Audit Defense and Effective Compliance," presented at the American Society of Interventional Pain Physicians Coding, Compliance and Practice Management Review Course, July 2015.
"Getting Anesthesia Providers on Board with Compliance," presented at the Advanced Institute for Anesthesia Practice Management, April 2015.
"Denials, Audits and Overpayment Demands: 10 Steps to Success," presented with Devona Slater at the Advanced Institute for Anesthesia Practice Management, April 2015.
"Is there a Case on That: Lessons for Anesthesia Groups from Real Cases," presented at the Advanced Institute for Anesthesia Practice Management, April 2015.
"Coding, Billing and Compliance – Urine Drug Testing," presented with Marvel Hammer at the American Society of Interventional Pain Physicians Annual Meeting, April 2015.
"HIPAA Update," presented at the American Society of Interventional Pain Physicians Annual Meeting, April 2015.
"2015 Payer Coverage Policies, Denials and Appeals," presented with Marvel Hammer at the American Society of Interventional Pain Physicians Annual Meeting, April 2015.
"Fraud, Abuse and Compliance," presented at the American Society of Interventional Pain Physicians Annual Meeting, April 2015.
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