The Anti-Kickback Statute: Year in Review (Recorded)

This recording reflects information, laws, and best practices as of the recording date. Requirements may have changed since this session was recorded — consult qualified counsel or a current source for guidance on today's requirements.

Course Description

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 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 hospitals, 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.

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. Hospital executives, as well as physicians and 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. This webinar covers the elements of the Anti-Kickback Statute, along with the various exceptions and safe harbors you can rely on for protection against enforcement under these laws.

Learning Objectives

• Provide attendees with an understanding of the Federal Anti-Kickback Statute
• Provide a perspective of how the courts and the Office of Inspector General (OIG) view compliance with the AKS
• Discuss recent enforcement actions taken by the OIG and its law enforcement partners
• Show how the courts deal with violations of 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 Caselaw

Who Will Benefit

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