The Federal Anti-Kickback Statute & Stark Law: What Physicians and Hospitals Need to Know

Course Description:

This webinar will focus on the Anti-Kickback Statute (AKS) and Stark Law, the federal anti-referral legislation, with an in-depth discussion of each and their relationship with the federal False Claims Act. It will also provide a review of enforcement priorities by the Office of the Inspector General (OIG) and Department of Justice (DOJ), as well as cases that are pertinent to these enforcement activities. Finally, there will be a discussion of recommendations pertaining to compliance activities.

The AKS, Stark and FCA are alive, still with us and as viable as ever. The AKS 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. Stark prohibits referrals by physicians to entities with which the physician has an investment interest or compensation arrangement. The FCA prohibits anyone from presenting a false or fraudulent claim for payment to the Federal Government or causing the use of a false record to get a claim paid by the Federal Government.

Recent cases and/or enforcement actions involving the AKS and Stark, violation of either constitutes the basis for an action under the 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.

Learning Objectives:

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 crimes under federal healthcare fraud and abuse laws.

Physicians and hospital executives, as well as other health care providers, should be very concerned about the potential for the government to use the Anti-Kickback Statute and Stark as one of the prime methods for enforcing the federal fraud and abuse laws. Equally concerning is the AKS and/or Stark 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, Stark and the FCA, along with the various exceptions and safe harbors that you can rely on for protection against enforcement under these laws. This is important because under recently enacted health care laws, enforcement and health care fraud task forces have been greatly enhanced. In addition, the Affordable Care Act (better known as Obamacare), the government has greatly enhanced enforcement resources.

Attend this webinar and learn how to protect yourself and your organization.

Gain a comprehensive understanding of the legal framework encompassing AKS, Stark Law, and the False Claims Act.
Recognize the interplay between AKS and Stark Law and how violations of these statutes can trigger FCA actions.
Stay up-to-date with the latest enforcement priorities and trends in healthcare fraud investigations and compliance.
Analyze recent case studies to extract valuable lessons and insights for compliance and risk mitigation.
To show how being in compliance with the Safe Harbors and Stark exceptions will protect the organization from violation of the Anti-Kickback Statute and/or Stark.
Provide a perspective of how the courts, the OIG and DOJ view compliance with the AKS, Stark and the FCA.
Discuss recent enforcement actions taken by the OIG and Justice Department.
Show how the courts deal with violations of the AKS, Stark and the FCA.
Implement compliance best practices to reduce the risk of AKS and Stark violations within healthcare organizations.

Areas Covered in the Session:

Federal Anti-Kickback Statute
Remuneration
Intent
Anti-Kickback Exceptions
Scope Established by Judicial Interpretation
The Medicare and Medicaid Patient and Program Protection Act
Anti-Kick Safe Harbors
Safe Harbors: Recurring Themes
Stark I and stark II
Designated Health Services
Stark Intent
Stark Penalties
Federal False Claims Act
False Claims Act Damages
Health Care Fraud
Enforcement Activities
OIG Special Advisory Bulletins and Fraud Alerts
Areas of Concern
Caselaw
Legal Framework Overview
Interplay between AKS, Stark, and FCA
Enforcement Priorities and Trends
Recoveries and Financial Implications

Suggested Attendees:

Healthcare CEOs
Healthcare CFOs
Chief Compliance Officers
Chief Medical Officers
Providers
Practice Manager
Attorneys and Legal Staff
Medical Providers
Physicians
Registered Nurses
Physicians Assistants
Administrative Staff
Sales and Marketing Managers
Customer Service Managers
Risk Managers
Hospitals Human Resources
Supervisors/ Managers
Other Healthcare Provider Executives

About the Presenter:

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

Additional Information:

System Requirement:

Internet Speed: Preferably above 1 MBPS
Headset: Any decent headset and microphone which can be used to hear clearly

For more information, you can reach out to the below contact:
Toll-Free No: 1-302-444-0162
Email: care@skillacquire.com

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