Webinar On The Anti-Kickback Statute Paying for Referrals is a Bad Idea

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Deadline: August 23, 2018 | Date: August 24, 2018

Venue/Country: Online, U.S.A

Updated: 2018-07-12 18:04:20 (GMT+9)

Call For Papers - CFP

Friday, August 24, 2018 | 10:00 AM PDT | 01:00 PM EDT

Overview: The session will provide an overview of the Anti-Kickback Statute (AKS) and

review what it prohibits, as well as review the Statute's available safe harbors. It will also

show how violation of the AKS can raise FCA concerns, and it will provide an assessment of

enforcement activities, showing how participants may be at risk. In addition, the session will

review recent cases and show how they potentially impact participants.

We will provide an in-depth review of the AKS, focusing on what is prohibited under the Act and

what the exceptions are. We will also review the case law, particularly the early case law that

sets the stage and basis for how the courts interpret the law. Since one of the exceptions to

enforcement under the Act is regulations promulgated by the Secretary, the "safe harbors,"

payment practices that will not be subject to criminal prosecution and that will not provide a

basis for civil monetary penalties or exclusion from the Medicare or Medicaid programs, we will

examine these safe harbors, particularly those more frequently used, to show how protection

from enforcement can be achieved. Specifically, we will review the investment, space and

equipment rental, personal services/management contracts, and physician recruitment safe

harbors.

In addition, we will discuss the OIG's Joint Venture Advisory Opinion, where a hospital expands

into a related service line by contracting with an existing provider of that service. The OIG

has significant problems with such an arrangement. We will also discuss the recent advisory

opinion by the OIG regarding Physician-Owned Entities. OIG views PODs as inherently suspect

under the AKS because the opportunity for a referring physician to earn a profit, including

through an investment in an entity for which he or she generates business, could constitute

illegal remuneration under the AKS.

Finally, the webinar will review various cases to show how easy it is to run afoul of the

Statute, and how the courts view compliance with it.

Why should you Attend: This session is designed for health care executives, physicians and

other health care providers who participate in and receive remuneration from Medicare,

Medicaid, and other federal health care programs such as TriCare. Several recent cases bring

home the realization that the Anti-Kickback Statute is alive, still with us and as viable as

ever, and it makes activities that are common in other industries a crime.

As a health care executive, physician or other health care provider, you should be very

concerned about the potential for the government to use the Anti-Kickback Statute as one of the

prime methods for enforcing the federal fraud and abuse laws. It is also concerning that, along

with Stark II (the federal physician anti-referral law), the Anti-Kickback Statute can be and

is being used as the basis for an action brought under the Federal False Claims Act. In this

webinar, you will learn about the elements of the Anti-Kickback Statute, along with the various

exceptions and safe harbors that you can rely on for protection against enforcement under these

laws. This is important because under recently enacted health care laws, enforcement and health

care fraud task forces have been greatly enhanced. In addition, the Affordable Care Act (better

known as Obamacare), the government has greatly enhanced enforcement resources.

Two cases, The Christ Hospital case in Cincinnati, with a settlement in excess of $100 million

and the Hardeman Memorial Hospital case in Texas, with a settlement of $398, 230.56 stand out.

In addition, in the Hardeman case, the Texas federal court sentenced former CEO Angela Edwards

to 2 ½ years in prison and ordered her to pay $370,657 in restitution. If that is not enough to

get your attention, consider the recent cases finding that the "responsible corporate officer

doctrine" allows the government to hold hospital CEOs and others directly responsible for the

fraud. Attend this webinar and learn how to protect yourself and your organization.

Areas Covered in the Session:

Federal Civil Anti-Kickback Statute

Safe Harbors providing protection under the AKS

Enforcement activities involving the AKS

The OIG's Joint Venture Advisory Opinion

The OIG's advisory opinion regarding Physician-Owned Entities and

The anti-fraud provisions of the Affordable Care Act

Who Will Benefit:

CEOs, COOs, CFOs, CNOs, and CMOs

Nursing Home Executives

Physicians

Physician Practice Managers

Other Healthcare Provider Executives

Speaker Profile

William Mack Copeland MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm

of Copeland Law, LLC. He is also president of Executive & Managerial Development Group, a

consulting entity providing compliance and other fraud and abuse related services. A graduate

of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and

speaker on health law topics.

Copeland is a member of the American Health Lawyers Association, American, Ohio and Cincinnati

Bar Associations and is a life fellow in the American College of Healthcare Executives. He was

awarded the American College of Health Care Executives Senior-Level Healthcare Executive

Regent’s Award in 2007.

Price - $139

Contact Info:

Netzealous LLC - MentorHealth

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Website: http://www.mentorhealth.com/

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