The Anti-Kickback Statute & the Safe Harbors: Do Profit Distributions Violate the Statute?

Event Information
Product Format
Live Webinar
Presenter(s)
William Mack Copeland, MS, JD, PhD, LFACHE
Conference Date
Add to my calendar   Wed, Feb 20, 2019
Aired Time
1 pm ET | 12 pm CT | 11 am MT | 10 am PT
Length
60 minutes
Product Description

Learn How to Protect Yourself from Anti-Kickback Statute-related Miscompliances


The Medicare/Medicaid Fraud and Abuse Anti-Kickback Statute (AKS) is complex, and can often be counterintuitive in some cases. You might violate the rules without even realizing that you did something illegal. 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. If you want to avoid legal action under the False Claims Act, you must clearly know and understand the rules, so that you can avoid costly miscompliances.

Learn how to protect yourself and your organization from AKS-related miscompliances in this webinar by legal healthcare expert William Mack Copeland. Copeland will provide an overview of the Abuse Anti-Kickback Statute, and review what the Statute prohibits/permits, as well as the available safe harbors. He will assess the enforcement activities, show you how you may be at risk, and how profit distributions may sometimes violate the statute. He will explain how the courts interpret the law, and bring you up to speed with the payment practices that will not lead to criminal prosecution, civil monetary penalties, or exclusion from Medicare or Medicaid programs. He will examine the safe harbors, particularly those that deal with profit distributions, and show you how protection from enforcement can be achieved.

Copeland will discuss the OIG’s Physician-Owned Distributorships (PODs) Special Fraud Alert, dealing with physician owned entities that manufacture devices that physicians use in surgeries. OIG views PODs as inherently suspect under the AKS because the opportunity for a referring physician to earn a profit, including through an investment in an entity for which he or she generates business, could constitute illegal remuneration under the AKS. You will also learn about the OIG’s Joint Venture Advisory Opinion, where a hospital expands into a related service line by contracting with an existing provider of that service (Hint: The OIG has significant problems with each of these arrangements). 

After attending this webinar, you will know how to protect yourself and your organization from Anti-Kickback Statute-related miscompliances. You will know what is prohibited under the Act, the exceptions under the Act, how courts interpret the law, and about the safe harbors, particularly those that deal with profit distributions.

Session Highlights

This session will bring you up to speed with:

  • An overview of the Anti-Kickback Statute (AKS)
    • What AKS prohibits
    • Available safe harbors
    • Assessment of enforcement activities, and how you may be at risk
    • How profit distributions may sometimes violate the statute
  • In-depth review of AKS
    • Exceptions under the Act
    • How courts interpret the law
    • Payment practices that will not lead to criminal prosecution, civil monetary penalties, or exclusion from Medicare or Medicaid programs
    • Safe harbors, particularly those that deal with profit distribution
    • How to achieve protection from enforcement
  • OIG’s Physician-Owned Distributorships (PODs) special fraud alert
  • OIG’s Joint Venture Advisory Opinion

Who Should Attend

This program is designed for:

  • CEOs, COOs, CFOs, CNOs, and CMOs
  • Nursing homes and nursing home executives
  • Physicians and physician practice managers
  • Durable medical equipment suppliers and their executives
  • Physical therapy practices and practice managers
  • Home healthcare companies and their executives
  • Non-physician practices
  • Healthcare executives

Following the live presentation, the instructor will conduct a Q&A period during which you may ask questions and solicit solutions for your unique situation.

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1-866-458-2965

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About Our Speaker

William Mack Copeland

William Mack Copeland, MS, JD, PhD, 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. He is a...   More Info
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