Several recent cases have shown that violation of the Anti-Kickback Statute can form the basis of an action under the False Claims Act. With new enforcement authority and new funds to carry out enforcement actions provided by the Affordable Care Act, it is imperative that health care organizations be vigilant in compliance efforts.
Objectives of the Presentation
To provide the attendee with an understanding of the Federal False Claims Act and the Anti-Kickback Statute, violation of which can and often does serve as the basis of a False Claims Act action. The webinar also seeks to provide the attendee with ways to avoid violation of these statutes.
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. Of the $3.7 billion recovered by the federal government in fiscal year 2017 through False Claims Act lawsuits, $2.4 billion involved the health care industry, including drug companies, hospitals, pharmacies, laboratories, and physicians. This is the eighth consecutive year that the department’s civil health care fraud settlements and judgments have exceeded $2 billion.
The federal government has recovered more than $56 billion from False Claims Act cases since 1986, when Congress significantly strengthened the law with whistleblowers being awarded $392 million in 2017. 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 and others directly responsible for the fraud.
In addition, several recent cases bring home the realization that the Anti-Kickback Statute is alive, still with us and as viable as ever, and it makes activities that are common in other industries a crime.
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.
You will want to attend this webinar to learn how to protect yourself and your organization.
Who will Benefit
- 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
- Recommendations to mitigate violations of the AKS
- Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs
- Nursing home executives
- Physician practice managers and
- Other healthcare provider executives