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Health Care Billing and Collecting - Webinar (ONLINE EVENT: April 22, 2025)

  • Webinar

  • 90 Minutes
  • 22 April 2025 13:00 EST
  • Lorman Business Center, Inc.
  • ID: 6054288

Explore key compliance areas for third-party debt collectors in healthcare, focusing on regulations from CFPB, FTC, and TCPA.

Recently, the medical debt collection industry has been confronted by increasing regulatory oversight and enforcement actions by the Consumer Financial Protection Bureau (CFPB), as well as an awaking of the Federal Trade Commission (FTC) and Federal Communication Commission (FCC), which also regulates the industry’s use of telephonic communications directed toward the consumers/debtors and other third parties. The course will concentrate on the specific issues and concerns in medical debt collection and the industry’s compliance with the Federal Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).

Learning Objectives

  • You will be able to review how to develop a collection procedure and structure to avoid liability downstream.
  • You will be able to identify the proper disclosures under the FDCPA.
  • You will be able to discuss ho to leverage modern technology to reduce compliance risks.
  • You will be able to explain defence and compliance strategies to reduce FDCPA Lawsuits.

Agenda

Developing a Collection Procedure and Structure to Avoid Liability Downstream
  • Proper Documentation and Consent Forms to Aid Recovery and Collections
  • Proper Verbal Communication and Talk-off on Pre-Collect/Billing Files
  • Proper Written Communications and Talk-Offs on Pre-Collect/Billing Files
Transferring Bad Debt to a Third-Party Debt Collector
  • Collection Agreements and Effective HIPAA Business Associate Agreements
  • What Information Should Be Communicated to a Debt Collector?
  • Privacy Considerations in Sharing and Using PHI in Debt Collection Communications
  • Providing the Debt Collector With Important Information for Effective Collections
Proper Disclosures Under the FDCPA
  • Section 1692E(11) and the Mini-Miranda Warning
  • Section 1692(C) Acquisition of Location Information
  • Audio Recordings and the Use of Implied and Mutual Consent to Record
The Do’s and Don’ts in Communication With Consumers
  • Time Period Restrictions
  • Handling Verbal Disputes
  • Handling Verbal Cease and Desists and Implications With the TCPA
  • Handling Notifications of Attorney Representation and Bankruptcy
Avoiding and Minimizing Claims of Harassment and Abuse
  • Verbal Harassment and/or Abuse
  • Frequency of Call Violations and the Winning Claims Under Section 1692D(5)
  • Avoiding False and Misleading Representation Claims
  • How to Handle Calls From a Debt Collection Law Firm or Lawyer
Using the Bona Fide Error Defense Under the FDCPA
  • What Is an Effective Policy and Procedure to Avoid Telephone Call Violations
  • Using Modern Technology to Avoid or Minimize Violations
  • Presenting a Bona Fide Error Defense to a Jury or a Judge
  • Overview of the CFPB Statistics of FDCPA Complaints
Defense and Compliance Strategies to Avoid or Lessen FDCPA Lawsuits
  • Collection Letter Reviews
  • Call Monitoring and/or Recording Equipment
  • Enhancing Policies and Procedures
  • Minimizing Damages
  • Determining Actual Harm

Speakers

  • Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.
  • Ernest H. (Skip) Kohlmyer, III, Esq., LL.M.,
    Shepard, Smith, Kohlmyer & Hand, P.A.


    • Shareholder with the law firm of Shepard, Smith, Kohlmyer & Hand, P.A. in Orlando, Florida where he has served as corporate counsel for an Atlanta based collection agency
    • Been in private practice for 28 years and has been defending various businesses against TCPA Class litigation since 2008
    • Represented corporations, collection agencies, debt buyers, and credit reporting agencies in other compliance-related matters relating to TCPA issues
    • Has had the privilege to serve as either lead counsel or co-counsel in numerous TCPA matters in addition to also being the lead counsel in key district court opinions
    • Served in various leadership positions with ACA International and is president-elect of the Florida Collectors Association
    • LL.M. degree, in international law and business; certified as an arbitrator in international commercial litigation cases, including business litigation, commercial arbitration, and public entity defense litigation

Who Should Attend

This live webinar is designed for collection and credit managers, billing professionals, business owners, accounts receivable and payable managers, controllers, accountants, and attorneys.