The Anti-Kickback Statute: 2023 - Year in Review
William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Harrison, Ohio at the firm of Copeland Law, LLC. 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. He can be reached at (513) 290-2458 or wmc@copeland-law-llc.com.
This webinar will focus on cases and enforcement actions taken by the HHS OIG and its law enforcement partners in 2023. 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 2023, as well as pertinent cases involving the AKS.
Areas Covered
- The Anti-Kickback Statute
- The Anti-Kickback Safe Harbors
- OIG advisory opinions
- Enforcement actions taken by OIG and its law enforcement partners.
- Pertinent case-law
Course Level - Intermediate
Who Should Attend
- Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs
- Physicians
- Physician practice managers
- Other healthcare provider executives
Why Should You Attend
This program 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 the 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.
Topic Background
The AKS is currently the focus of law enforcement officials. The Statute provides that the offer or 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 AKS, 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.
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$200.00
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