The Anti-Kickback Statute: Enforcement and Recent Updates

This 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 (“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 2021, as well as pertinent cases involving the AKS.

Why You Should 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 health care 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.

Objectives of the Presentation

• Provide attendees with an understanding of the Federal False Claims Act.
• Provide a perspective of how the courts and the Department of Justice (DOJ) view compliance with the Federal False Claims Act.
• Discuss recent enforcement actions taken by the DOJ.
• Show how the courts deal with violations of the Federal False Claims Act.

Areas Covered in the Presentation

• A review of the Federal False Claims Act, its history, how it works, its proof requirements, pleading requirements and damages.
• New enforcement actions and penalties under the Affordable Care Act.
• A review of recent cases involving the False Claims Act.

Who Will Benefit

• Hospital Executives, Particularly CEOs, COOs, CFOs, CNOs, and CMOs
• Physicians
• Physician Practice Managers
• Other Healthcare Provider Executives