The Anti-Kickback Statute: 2021 – Year in Review

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The Anti-Kickback Statute 2021 Year in Review
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Speaker Details William Mack Copeland, MS, JD,
Ph.D., LFACHE
William Mack Copeland, MS, JD, Ph.D., LFACHE,
practices health care law in Cincinnati at the
firm of Copeland Law, LLC. He is also president
of 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. 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 Regents Award
in 2007.
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Detailed Objectives and Agenda
The Anti-Kickback Statute 2021 Year in Review
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DescriptionAnti-Kickback Statute 2021

• Anti-Kickback Statute 2021 webinar will focus on
  cases and enforcement actions taken by the HHS
  OIG and its law enforcement partners in 2021. We
  will also briefly review the Anti-Kickback
  Statute, discuss safe harbors, particularly the
  new proposed safe harbor for coordinated care and
  associated value-based arrangements, and OIG
  Advisory Opinions that have been issued in 2021,
  as well as pertinent cases involving the AKS.

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Learning ObjectivesAnti-Kickback Statute 2021

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

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Areas CoveredAnti-Kickback Statute 2021

• The Anti-Kickback Statute
• The Anti-Kickback Safe are harbors
• OIG Advisory Opinions
• Enforcement Actions are taken by OIG and its law
  enforcement partners.
• Pertinent Caselaw

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BackgroundAnti-Kickback Statute 2021

• The AKS is currently the focus of law enforcement
  officials. The Statute provides that the offeror
  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/or enforcement actions involving
  the Anti-Kickback Statute, 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
  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.

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Why Should You Attend Anti-Kickback Statute 2021

• Anti-Kickback Statute 2021 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 a crime under
  federal healthcare fraud and abuse laws.
• Hospital executives, as well as physicians and/or
  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 federal fraud and
  abuse laws. Equally concerning, 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 Federal
  False Claims Act. In this webinar, you will learn
  about the elements of the Anti-Kickback Statute,
  along with the various exceptions and safe
  harbors that you can rely on for protection
  against enforcement under these laws. This is
  important because healthcare fraud and abuse if
  becoming the focus of these enforcement efforts.

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Who Should Attend Anti-Kickback Statute 2021

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

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Thank You For Reading
To Learn More, Register For The Webinar Here
The Anti-Kickback Statute 2021 Year in Review
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