Anti-Kickback, Fraud, Stark, and Marketing - Where are the Landmines?

The Anti‑Kickback Statute (AKS) is alive, still with us and as viable as ever. 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 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. The same goes for Stark, the federal anti-referral legislation.

Recent cases and/or enforcement actions involving the False Claims Act 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.

This webinar will provide an in-depth understanding of the Federal False Claims Act, Federal Anti- Kickback and Stark laws, and discuss how marketing activities can trigger either or both. It will also provide the basic building blocks you will need to develop and maintain your company’s precious commodity – your reputation – and eliminate exposure to fraud charges based on marketing practices. It will also cover the practical requirements and operations, principles of compliance and the basic elements that every business has to have to reduce civil and criminal liabilities and economic sanctions.

Webinar Agenda

• Federal False Claims Act
• Federal Anti-Kickback Statute
• Federal Anti-Referral Law (Stark I & 2)
• Introduction to basic compliance as an effective tool.
• Case study about an organization and how their marketing efforts exposed the organization to vulnerabilities.

Webinar Highlights

1. Review of the Federal False Claims Act, how it works and its whistleblower provisions.
2. Review of the Federal Anti-Kickback Statute, what it prohibits and its safe harbors.
3. Review of the Federal Anti-Referral Law (Stark I & 2), its prohibitions and exceptions.
4. Introduction to basic compliance as an effective tool, including an overview of what a good compliance plan should include.
5. Review of recent caselaw.

Who Should Attend

• Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs,
• Physicians,
• Physician practice managers, and
• Other healthcare provider executives.