Mackall, Crounse & Moore, PLC has joined Dewitt Ross & Stevens S.C.

The newly formed DeWitt Mackall Crounse & Moore S.C. will provide clients with enhanced legal services
and efficiencies as well as access to more than 100 attorneys practicing in nearly 30 areas of
law in Wisconsin and Minnesota.

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Brian is a frequent and popular presenter to providers on a range of legal and regulatory issues, and has authored numerous articles and publications in the health law field. In particular, Brian received many notes of appreciation for his article in defense of long-term care providers which was published in Wisconsin Lawyer magazine. He has also contributed chapters to Health Law Compliance Manual, Lexis/Nexus; The 50 State Compendium of Certificate of Need Laws, American Health Lawyers Association, and serves as the Managing Editor for Continuum magazine. In August of 2014, Brian wrote an article for Provider magazine titled "Assisted Living Innovates Survey Processes."


General Sessions:

The Power of the Collective: Quality improvement is shown to accelerate when providers work in collaboration with others in their efforts. “Going it alone” can be a daunting challenge when seeking to improve overall or specific performance measures. The power of collaborative effort is being seen in such programs as Advancing Excellence in America’s Nursing Homes and work with state QIOs, yet not all choose to engage or have lost some enthusiasm. Using authoritative data that supports the premise, this session is intended to encourage and motivate providers to break from their silos and embrace the benefits of working with other providers, QIOs or state associations across the acute and long term care field to achieve both individual and collective goals, including pressure ulcer and fall prevention, culture change, infection control, antipsychotic reduction, etc. Attendees leave the session with renewed enthusiasm to double-down on their efforts and maximize outcomes at this critical juncture where quality outcomes will mean the difference areas of payment, referrals, and customer satisfaction.

Mandating Flu Immunizations: The clinical, legal and professional case for requiring staff receive seasonal influenza vaccinations: Decades of efforts to encourage, educate, cajole or beg staff to receive seasonal vaccinations has failed to achieve acceptable immunization rates within the health care workforce. Calls and support for requiring vaccinations as a condition of employment in acute and long term care facilities increase from authoritative bodies. This session explores the clinical, legal and professional obligation issues related to adoption of such a policy. The presentation is not intended to be a balanced discussion, rather, it emphatically shatters the myths that often serve as excuses by staff, addresses the misperceptions of legal “prohibitions,” and addresses the professional and ethical obligations of clinicians to not expose their patients/residents to possible harm.


Minimizing Risk in a Wireless World: Identification of the risks and issued presented by technology for by LTC providers. Program identifies areas that providers should consider and address as they (should) embrace technology advancements. This session is a pro-technology discussion, but issue spots for providers to assist them in “looking before they leap,” while also identifying areas of concern that they must address in light of technology advancements.

Presentation builds on a discussion of a recognized risk assessment process for providers and then applies this foundational discussion as they consider impact of social media, consumer demands and preferences, expanded electronic communications and transmissions of resident information, employee and resident/visitor use of phones/cameras/video, as well as considerations as consumers increasingly are bringing technology issues into facilities. Suggested policy modifications and training templates are provided to participants.

Keeping Social Media Social: A popular and timely program discussing the issues, including risks and benefits, of social media. This session has recently been expanded and updated to incorporate emerging issues, including the use of social media for hiring, screening, and monitoring employees, and the implications of discipline of employees based on social media communications. While addressing concerns and risks, this session encourages providers to develop some form or a social media plan, including policies about who, what, where, and why of usage.

Privacy, Confidentiality and Security Compliance:

HIPAA Refresher (for some) intro (for others): Fundamentals of the HIPAA Privacy, Security and HITECH rules. This presentation is intended to be an introduction to the multiple HIPAA obligations, which is suitable for an AL audience and SNF personnel that need an introduction or refresher. This session is particularly timely as enforcement actions have begun against Covered Entities, and will continue to expand with the soon to be released clarification rules. AL providers are in particular need for training on HIPAA, as most were likely not covered by the rules in 2003 when the first substantive rule were released Many may now be subject to the law either directly as Covered Entities or indirectly as Business Associates. Not knowing is not going to be a defense to enforcement actions. Regardless of direct or indirect coverage, this session communicates the content in a manner that is useful to all providers in their efforts to ensure protection of resident information.

HIPAA HITECH: A 300 level discussion about the relatively new HITECH provisions impacting HIPAA compliance. This session will be updated and expanded upon the issuance of the soon to be released clarification rules that will have a significant impact on HIPAA related compliance. Audience members should have a basic understanding of the HIPAA Privacy and Security rules.

HIPAA Business Associates-Provider obligations beyond obtaining a BAA: HIPAA requires Covered Entities to have a written Business Associate Agreement (BAA) with third parties that performs certain functions or activities on behalf of a provider that involves the use or disclosure of protected health information. Is getting a signature on a standard BAA form all that is required, or are there affirmative obligations on providers to monitor? This session will discuss the compliance and practical expectations that providers should incorporate into their HIPAA compliance efforts, including the requirements of BAAs and the importance of monitoring the compliance and reporting expectations of their Business Associates.

Nursing Home Survey:

Taking Action to Minimize Enforcement Exposure: Providers can incorporate steps in their regular operations that that can and will minimize regulatory exposure. This program discusses and explains concrete actions that nursing home providers should take in response to adverse events that may later result in regulatory review. Steps taken promptly and properly documented will make significant differences on regulatory (or other) exposure at a later date.

Survey, Certification and Enforcement Update: Content varies based on current events. Particularly timely for 2012, given changes to IIDR, escrowing of CMPs, CMP reduction for self-reporting, abuse and neglect guidance, etc.

IDR Strategies: When, how and why to pursue IDR or IIDR. This program focuses providers on how to properly evaluate IDR decisions, and preparation techniques if the decision is made to proceed for a review. Not all deficiencies, regardless of how strongly you feel, are worthy of IDR, particularly given the other, critical efforts that must be taken at the same time. Conversely, there are some matters, given implications beyond the survey and enforcement process, that should be factored into the decisions and strategy. The session will discuss the differences between IDR and IIDR, the implications and the choices that must be made as to whether and if to pursue either.

Abuse prevention, investigations, screening:

Background Screening: Beyond criminal background checks, what can (and must) LTC leaders do to conduct effective and efficient screening of employees, contractors, and volunteers.

Conducting and Effective and Efficient Investigations: How to conduct a proper investigation, including proper interviewing techniques. Program utilizes abuse and neglect investigations for illustration, but techniques apply to HR or other related matters that require “getting to the bottom” of a situation. Two hour session, but can be expanded to include any sessions within this section.

F223-226: Compliance and protection expectations related to abuse and neglect: A comprehensive compliance and prevention presentation on preventing, identifying, reporting, and investigating abuse, neglect, misappropriation of property, and injuries of unknown origin. (This program will be very timely upon release of CMS guidance currently under development. The proposed guidance document mirrors closely the expectations CMS Region V has imposed on Wisconsin NH providers for several years. Presenter has had extensive experience the area of policy development in this area)

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Two East Mifflin Street, Suite 600
Madison, WI 53703
(608) 255-8891
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Greater Milwaukee

13845 Bishop’s Drive, Suite 300
Brookfield, WI 53005
(262) 754-2840
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2100 AT&T Tower,
901 Marquette Avenue
Minneapolis, MN 55402
(612) 305-1400
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Get to know us

DeWitt Ross & Stevens S.C., including its affiliate DeWitt Mackall Crounse & Moore S.C., is one of the ten largest law firms based in Wisconsin, with an additional presence in Minnesota. It has nearly140 attorneys practicing in Madison, Metropolitan Milwaukee and Minneapolis in over 30 legal practice areas, and has the experience to service clients of all scopes and sizes.

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We are an active and proud member of Lexwork International, an association of mid-sized independent law firms in major cities located throughout the Americas, Europe and Asia.


Best Lawyers 2013 – 2018
Compass Award 2012
Top 100 Lawyers: National Trial Lawyers Association

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While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an “engagement letter”). You will not be a client of the firm until you receive such an engagement letter.

The best way for you to initiate a possible representation is to call DeWitt Ross & Stevens at 608-255-8891. We will make every effort to put you in touch with a lawyer suited to handle your matter. When you receive an engagement letter from one of our lawyers, you will be our client and we may exchange information freely.

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