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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Thursday, July 14, 2016

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

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MSRP
$347.00
$297.00
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Discount expires 8/29/25

This course is $0 with these passes:

CLE
ALL

This CLE course will provide guidance to healthcare counsel on the Anti-Kickback Statute (AKS) provisions and regulatory safe harbors. The panel will provide guidance on how to determine when the AKS is implicated and what counsel can do to identify potential AKS problems. The panel will also offer best practices for structuring arrangements to minimize risk under the AKS.

Description

The federal government continues its focus on reigning in healthcare fraud, including ensuring compliance with the AKS. The AKS provides several safe harbors and exceptions that shield healthcare providers from the prohibitions outlined by the AKS. Unlike the Stark Law exceptions wherein the government will deem a practice per se illegal, if a payment practice does not fully satisfy any of the AKS safe harbors, then the government will analyze the payment practice to determine whether it is compliant with AKS.

AKS violations carry significant penalties, including civil monetary penalties, imprisonment, and exclusion from participating in federal healthcare programs such as Medicare. Healthcare counsel must keep in mind the requirements of the AKS and its safe harbors and exceptions in healthcare contracting and transactions. The scope of the AKS is very broad and counsel must be vigilant in evaluating whether business practices could result in AKS violations.

Listen as our authoritative panel of health law counsel discusses the AKS provisions and safe harbors. The panel will discuss which healthcare transactions may implicate the AKS and examine common pitfalls related to AKS compliance. The panel will also discuss identifying potential AKS problems and offer best practices for responding to them.

Outline

  1. Understanding the AKS
    1. Prohibitions
    2. Penalties
    3. The CMP statute
    4. State AKS laws
  2. Safe harbors and exceptions
    1. The difference between statutory exceptions and regulatory safe harbors
    2. Common safe harbor and their requirements
  3. Transactions that might implicate the AKS
    1. Employment agreements
    2. Medical directorships and other personal services arrangements
    3. Investment interests
    4. Management agreements
    5. Marketing agreements
    6. Others
  4. Common pitfalls and reducing risks
  5. Responding to potential AKS problems
    1. Responding to subpoenas
    2. Presenting your case to the OIG
    3. Self-disclosure
    4. Repayment

Benefits

The panel will review these and other key issues:

  • What are the AKS regulatory challenges facing healthcare providers and their counsel in healthcare contracting and transactions?
  • What is the scope of the AKS safe harbors?
  • How does the AKS relate to managed care arrangements?