2018 - Webinar On The Anti-Kickback Statute Paying for Referrals is a Bad Idea

Training Options Duration: 60 Minutes
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
Phone No: 1-800-385-1607
Fax: 302-288-6884
Email: support-AT-mentorhealth.com
Website: http://www.mentorhealth.com/
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