This webinar 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.
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.
Healthcare executives such as physician or other health care provider 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. In Tuomey, the former CEO of Tuomey Healthcare will personally pay $1 million to resolve his involvement in entering physician compensation arrangements that led to one of the largest-ever Stark law cases. Ralph “Jay” Cox III will also be excluded for four years from participating in any federal programs
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. Recovery under the Federal False Claims Act last year resulted in over $4.9 billion being recovered for the federal government, $24.2 billion since the law was revised to make it more relator friendly in 1986.
The expert speaker William Mack Copeland, MS, JD, PhD., LFACHE will 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 and how to protect yourself and your organization.
Why You Should Attend:
- To understand what is Federal False Claims Act and how it works.
- To know how a violation of the Anti-Kickback and/or Stark can be the basis for a whistle-blower action under the False Claims Act
- To learn about the elements of the Anti-Kickback Statute
- To understand assessment of enforcement activities – how you may be at risk.
- To know and understand recently enacted healthcare laws and enforcement
- To know how healthcare providers can protect themselves and their organization
Areas Covered in the Session:
- Federal False Claims Act
- 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.
- Recent case scenario and it’s study
- Healthcare CEOs
- Healthcare CFOs
- Healthcare COOs
- Healthcare CMOs
- Chief Compliance Officers
- Practice Manager
- Healthcare Providers
- Attorneys and Legal Staff
About The Presenter:
William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC. He is also serves as hearing officer in medical staff disciplinary proceedings. 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. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.
You will receive an email with login information and handouts (presentation slides) that you can print and share to all participants at your location.
Operating System: Windows any version preferably above Windows Vista & Mac any version above OS X 10.6
Internet Speed: Preferably above 1 MBPS
Headset: Any decent headset and microphone which can be used to talk and hear clearly
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