The Anti-Kickback Statute and Stark II: Basis for an Action under the Federal False Claims Act? - Your Organization May Be at Risk - 3 Hour Boot Camp

    /William  /Mack Copelandspeaker of Training Doyensinvite
    Speaker: William Mack Copeland
    Date: Tuesday, January 15th
    Time: 01:00 PM EST | 10:00 AM PST


    More Trainings by this Expert
    Duration: 180 Minutes
    Product Code: 50702
    Level: Intermediate

OVERVIEW

This boot camp will provide an in-depth understanding of the Federal False Claims Act, Federal Anti-Kickback Statute and Stark II, and discuss how a violation of the Anti-Kickback and/or Stark can be the basis for a whistle-blower action under the False Claims Act. It will also provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the session will review recent cases and show how they potentially impact participants.

WHY SHOULD YOU ATTEND

This session is designed for health care executives, physicians and other health care providers who participate in and receive remuneration from Medicare, Medicaid, and other federal health care programs such as TriCare. As a health care executive, physician or other health care provider, you should be very concerned about the potential for enforcement actions under the Federal False Claims Act. This is important because under recently enacted health care laws, enforcement and health care fraud task forces have been greatly enhanced.

Since 1986, whistleblowers have been awarded nearly $4 billion, with $439 million in awards in fiscal year 2012. And whistleblowers are where a majority of the Federal False Claims Act suits originate. Several recent cases involving healthcare providers have resulted in huge settlements. If that is not enough to get your attention, consider the recent cases finding that the “responsible corporate officer doctrine” allows the government to hold hospital CEOs, Board Chairmen and others directly responsible for the fraud.

As a health care executive, physician or other health care provider, you 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 FCA, the primary enforcement tool used by the Justice Department. It is also concerning that, 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 FCA. In this webinar, you will learn about the elements of the Anti-Kickback Statute, along with a general discussion of 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.

Three cases, The Christ Hospital case in Cincinnati, with a settlement in excess of $100 million, Tuomey Healthcare, with a verdict of 237.5 million, which was settled for $72.4 million, and the Hardeman Memorial Hospital case in Texas, with a settlement of $398, 230.56 stand out. In the Hardeman case, the Texas federal court sentenced former CEO Angela Edwards to 2 ½ years in prison and ordered her to pay $370,657 in restitution.

You will want to attend this boot camp to learn how to protect yourself and your organization.

AREAS COVERED

  • Federal False Claims Act (what it is and how it works),
  • How the FCA is being used as an enforcement tool by the federal enforcement authorities, 
  • Federal Civil Anti-Kickback Statute,
  • Safe Harbors providing protection under the AKS, 
  • Enforcement activities involving the AKS, and
  • Recommendations to mitigate violations of the AKS.

LEARNING OBJECTIVES

We will provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the boot camp will review recent cases and show how they potentially impact participants.

WHO WILL BENEFIT

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

SPEAKER

William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is the president and the CEO. He is also the president of the 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. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent's Award in 2007.

View all trainings by this speaker

Purchase Options

Live Session

For One Participant

$299

info icon

Corporate Live Session

Unlimted Participants from one Location. (For multiple location please contact our customer support team)

$849

info icon

Recorded Session

Get unlimited access to the link for 1 year. Login information will be shared 24 hours after the completion of Live webinar

$349

Training DVD or USB Flash Drive

Free shipment within 96 Hours, from the date of webinar completion

$429

Super Combo Offer 1

Live and Recorded webinar for $449 only!

$449

info icon

Super Combo Offer 2

Live and Training DVD / USB Flash Drive for $529 only!

$529

info icon
refer friend

Approved Enablers of your
Continuing Education Credits

shrmhrciiris
View all CEU Approved Webinars