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The Anti-Kickback Statute: Enforcement and Recent Updates

instructor
By: William Mack Copeland
Schedule: 09 January, 2025 (Thursday)
Time: 12:00 PM PDT | 03:00 PM EDT
Duration: 60 Minutes
Webinar ID : 2472

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Webinar Details

This webinar will focus on cases and enforcement actions taken by the HHS OIG and its law enforcement partners in 2024.
We will also briefly review the Anti-Kickback Statute ("AKS"), discuss safe harbors, particularly the new proposed safe harbor for coordinated care and associated value-based arrangements, and OIG Advisory Opinions that have been issued in 2024, as well as pertinent cases involving the AKS.

WHY SHOULD YOU ATTEND?

This program is designed for healthcare executives, physicians, and other healthcare providers and their managers who participate in and receive remuneration from Medicare, Medicaid, and other federal healthcare programs such as TriCare. Several recent cases bring home the realization that many activities that are common in other industries are a crime under federal healthcare fraud and abuse laws.

Hospital executives, as well as physicians and/or other healthcare providers, should be very concerned about the potential for the government to use the AKS as one of the prime methods for enforcing federal fraud and abuse laws. Equally concerning, along with Stark II (the federal physician anti-referral law), the AKS 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 AKS, along with the various exceptions and safe harbors that you can rely on for protection against enforcement under these laws. This is important because healthcare fraud and abuse if becoming the focus of these enforcement efforts.

AREA COVERED

  • The AKS
  • The Anti-Kickback Safe Harbors
  • OIG Advisory Opinions
  • Enforcement Actions are taken by OIG and its law enforcement partners
  • Pertinent Caselaw

LEARNING OBJECTIVES

  • Provide attendees with an understanding of the Federal AKS. 
  • Provide a perspective of how the courts and the Inspector General’s (OIG) office view compliance with the AKS. 
  • Discuss recent enforcement actions taken by the OIG and its law enforcement partners. 
  • Show how the courts deal with violations of the AKS. 

WHO WILL BENEFIT?

  • Hospital executives, particularly CEO's, COO's, CFO's, CNO's, and CMO's
  • Physicians
  • Physician practice managers
  • Other healthcare provider executives

This program is designed for healthcare executives, physicians, and other healthcare providers and their managers who participate in and receive remuneration from Medicare, Medicaid, and other federal healthcare programs such as TriCare. Several recent cases bring home the realization that many activities that are common in other industries are a crime under federal healthcare fraud and abuse laws.

Hospital executives, as well as physicians and/or other healthcare providers, should be very concerned about the potential for the government to use the AKS as one of the prime methods for enforcing federal fraud and abuse laws. Equally concerning, along with Stark II (the federal physician anti-referral law), the AKS 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 AKS, along with the various exceptions and safe harbors that you can rely on for protection against enforcement under these laws. This is important because healthcare fraud and abuse if becoming the focus of these enforcement efforts.

  • The AKS
  • The Anti-Kickback Safe Harbors
  • OIG Advisory Opinions
  • Enforcement Actions are taken by OIG and its law enforcement partners
  • Pertinent Caselaw
  • Provide attendees with an understanding of the Federal AKS. 
  • Provide a perspective of how the courts and the Inspector General’s (OIG) office view compliance with the AKS. 
  • Discuss recent enforcement actions taken by the OIG and its law enforcement partners. 
  • Show how the courts deal with violations of the AKS. 
  • Hospital executives, particularly CEO's, COO's, CFO's, CNO's, and CMO's
  • Physicians
  • Physician practice managers
  • Other healthcare provider executives

SPEAKER PROFILE

instructor

William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is president and CEO. 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. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he 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.

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