Mitigating False Claims Act Liability Risks for Healthcare Recipients of COVID-19 Funding
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, March 24, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide healthcare counsel on potential False Claims Act (FCA) liability for healthcare providers who have received COVID-19 federal funding. The panel will discuss the FCA and different theories of liability and risk areas, as well as offer best practices for mitigating FCA risks.
Mr. Issar's practice focuses on government investigations, white collar defense, fraud and abuse laws (including the False Claims Act, Anti-Kickback Statute, and the Stark Law), navigation of regulatory and compliance issues involving the healthcare industry, and the defense of healthcare and other clients in litigation.
Ms. McDonald’s practice focuses on assisting both individuals and corporations facing actual or threatened government enforcement actions. She has represented clients under criminal or civil investigation by various government agencies, including the U.S. Department of Justice, the Office of Inspector General, and the Texas Attorney General’s Office. Ms. McDonald also has experience helping clients navigate complex fraud and abuse laws, including the Anti-Kickback Statute and the Stark Law.
Mr. Morrison represents national healthcare providers in a broad range of litigation and compliance matters involving government enforcement, internal investigation, False Claims Act cases, and antitrust counselling, among many other matters.
Many healthcare providers have received funds from the federal government to survive the ongoing pandemic. Providers receiving and using federal funds should take compliance seriously. There are potential liability risks under the False Claims Act (FCA) specific to the healthcare industry's response to the COVID-19 pandemic.
Healthcare providers have typically found themselves targets of FCA enforcement because they participate in Medicare and/or Medicaid. Potential liability can arise in nuanced circumstances. Liability may arise when a provider bills for services that it provided but that are later claimed to have been unnecessary. Medicare Advantage Plans, nursing homes, and telehealth providers may face particular challenges.
Healthcare providers and their counsel must be vigilant in their compliance to mitigate FCA liability risks and reduce the likelihood of potential allegations of false claims brought by the government or whistleblowers. Compliance should include diligent recordkeeping, adhering to billing and coding rules when submitting COVID-19 related claims, proper training, internal audits, and monitoring, among other things.
Listen as our authoritative panel of healthcare attorneys examines potential FCA liability for recipients of COVID-19 federal funding. The panel will discuss the FCA and different theories of liability and risk areas.
- FCA and COVID-19 related funding for healthcare providers
- Types of FCA cases that may be brought
- False certification theory
- Governmental scrutiny
- Best practices for avoiding FCA liability
The panel will review these and other relevant issues:
- What steps can counsel take to ensure compliance when expending relief funds?
- What are the reporting requirements that impact healthcare providers?
- What practices can counsel and providers employ to be prepared for enforcement activity?
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