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

Wednesday, December 6 | 10:00 am - 11:00 am

Training Options Duration: 60 Minutes Wednesday, December 6, 2017 | 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


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.

Price – $139

Contact Info: Netzealous LLC -MentorHealth Phone No: 1-800-385-1607 Fax: 302-288-6884 Email: Website: Webinar Sponsorship:



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