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
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: firstname.lastname@example.org Website: http://www.mentorhealth.com/ Webinar Sponsorship: https://www.mentorhealth.com/control/webinar-sponsorship/