Recent cases and/or enforcement actions involving the Federal Civil False Claims Act (FCA) as well as the Medicare-Medicaid Anti-Kickback Statute (AKS) and/or Federal Physician Self Referral Law (Stark II) raise serious concerns regarding compliance issues with the 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.
Why you should 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.
Several recent cases bring home the realization that the Anti-Kickback Statute is alive, still with us and as viable as ever, and it can be used as the basis of a False Claims Act action.
As a health care executive, physician or other health care provider, you should be very concerned about the potential for either the Anti-Kickback Statute or the Stark II (the physician anti-referral law) 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 and the Stark II law, along with 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.
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.
Since 1986, whistleblowers have been awarded nearly $4 billion, with $439 million in awards in the fiscal year 2012. And whistleblowers are where a majority of the Federal False Claims Act suits originate. Two cases, The Christ Hospital case in Cincinnati, with a settlement in excess of $100 million and the Hardeman Memorial Hospital case in Texas, with a settlement of $398, 230.56. However, the Texas federal court sentenced former CEO Angela Edwards to 2.5 years in prison and ordered her to pay $370,657 in restitution.
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. You will want to attend this webinar to learn how to protect yourself and your organization.
Areas Covered in the Session:
Federal False Claims Act (what it is and how it works)
Federal Civil Anti-Kickback Statute
Safe Harbors Providing Protection under the AKS
Federal Physician Self-Referral Law (including a Review of the Designated Health Services)
Exceptions to Stark II
How the Three statutes Interface and Pose Dangers for Healthcare Providers