Anti-Kickback Statute 2021 webinar will focus on cases and enforcement actions taken by the HHS OIG and its law enforcement partners in 2021. We will also briefly review the Anti-Kickback Statute, 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 2021, as well as pertinent cases involving the AKS.
2. Speaker Details
William Mack Copeland, MS, JD, Ph.D., LFACHE
William Mack Copeland, MS, JD, Ph.D., 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. A former hospital chief executive
officer, he was awarded the American College of Health Care
Executives Senior-Level Healthcare Executive Regent’s Award
in 2007.
4. Description
Anti-Kickback Statute 2021
Anti-Kickback Statute 2021 webinar will focus on cases and
enforcement actions taken by the HHS OIG and its law
enforcement partners in 2021. We will also briefly review the
Anti-Kickback Statute, 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 2021, as well as pertinent cases involving
the AKS.
5. Learning Objectives
Anti-Kickback Statute 2021
o Provide attendees with an understanding of the Federal Anti-Kickback Statute.
o Provide a perspective of how the courts and the Inspector General’s (OIG) office
view compliance with the Anti-Kickback Statute.
o Discuss recent enforcement actions taken by the OIG and its law enforcement
partners.
o Show how the courts deal with violations of the Anti-Kickback Statute
6. Areas Covered
Anti-Kickback Statute 2021
o The Anti-Kickback Statute
o The Anti-Kickback Safe are harbors
o OIG Advisory Opinions
o Enforcement Actions are taken by OIG and its law enforcement partners.
o Pertinent Caselaw
7. Background
Anti-Kickback Statute 2021
The AKS is currently the focus of law enforcement officials. The Statute
provides that the offeror payment, as well as the solicitation or receipt, of any
remuneration” in exchange for referrals of any good, facility, service, or item for
which payment may be made in whole or in part under Medicare/Medicaid is
prohibited.
Recent cases and/or enforcement actions involving the Anti-Kickback Statute,
violation of which has been held to be the basis of an action under the Federal
False Claims Act, (“FCA”) raise serious concerns regarding compliance issues
with hospital, physician practices, and other healthcare entities. Recoveries
under the FCA are at an all-time high, and the percentage of actions involving
healthcare organizations has been increasing at exponential rates.
8. Why Should You Attend
Anti-Kickback Statute 2021
Anti-Kickback Statute 2021 is designed for health care executives, physicians, and
other health care providers and their managers 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 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 health care providers,
should be very concerned about the potential for the government to use the Anti-
Kickback Statute 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 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 healthcare fraud and abuse if becoming the focus
of these enforcement efforts.
9. Who Should Attend
Anti-Kickback Statute 2021
o Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and
CMOs
o Physicians
o Physician practice managers
o Other healthcare provider executives
10. Thank You For Reading
To Learn More, Register For The Webinar Here
The Anti-Kickback Statute: 2021 – Year in Review
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