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About the Course
Introduction
This CLE course will guide healthcare counsel on handling the investigation and prosecution of a healthcare provider. The panel will review key new court decisions, guidance documents and rulemaking and what they may mean for the mechanics of healthcare investigations, prosecutions and compliance programs going forward.
Description
Government investigations and prosecutions in the healthcare space continue to increase in frequency and complexity. These cases may involve parallel criminal, civil and administrative proceedings, with substantial costs and penalties.
Against this backdrop, there are several new court decisions, government guidance documents and administrative rules that may dramatically change how certain types of healthcare cases are investigated and pursued.
Listen as our panel of regulatory and defense counsel provides a review of key new court decisions, guidance documents and rulemaking and what they may mean for the mechanics of healthcare investigations, prosecutions and compliance programs going forward. Topics will include:
- Significant trends and legal developments affecting the risks of healthcare investigations and prosecution, including several recent court cases that are likely to have far reaching implications for both individuals and corporations involved in healthcare delivery, including in data privacy and security, telemedicine, medication prescribing and provider compensation practices.
- Factors influencing criminal and civil enforcement actions, and corporate and individual actions, and when the government may pursue both
- Subpoenas and civil investigative demands and how to respond, including managing confidential information
- The evolving anatomy of an FCA case or other significant prosecution, including negotiating settlements and what to expect in Corporate Integrity Agreements and Deferred Prosecution Agreements going forward
- Sample policies, procedures and best practices to help survive (or proactively avoid) various types of costly government investigations or enforcement actions
Presented By
Ms. Ferrari is a nationally recognized expert on fair market value and commercial reasonableness, the "Big Three" and their role in regulatory compliance, investigations, and litigation. She has authored over 100 publications and presentations on topics related to physician and healthcare provider compensation, contracting, investigations, and related ethical issues. She is known for her work with rural, academic, public, and clinically integrated, value-based healthcare systems. Ms. Ferrari's focus areas include compensation review for compliance with fraud and abuse laws, tax-exempt regulations, antitrust laws, anti-discrimination laws, and assisting clients in transition to value-based payments, including structuring participation agreements, compensation plans and incentive payments in the context of coordinated care and provider alignment strategies, such as clinically integrated networks, ACOs, gainsharing and "Hospital Quality and Efficiency Programs." Prior to joining Hancock Daniel, she was Principal and GC for a national advisory and healthcare solutions firm and a Partner at a well-known national compensation consulting and advisory firm, where she led the service line focused on CINs, ACOs, and other value-based care structures and worked with clinically integrated network and ACO participants across the U.S.
Ms. Hardin is a partner in the Litigation Practice Group. She focuses on criminal litigation as well as business, commercial, and labor disputes.
Mr. Martin is a partner in the Litigation Practice Group. He represents clients in corporate compliance, white collar criminal defense, employment, and commercial litigation matters.
With more than two decades of experience as a federal and state prosecutor and more than a decade in private practice, Mr. Weinstein advises and represents individuals and companies in a broad range of white collar criminal defense and compliance matters. He understands the priorities of and processes followed by law-enforcement officials, and uses this knowledge to help clients develop, implement, and manage effective compliance programs, conduct internal investigations, determine self-reporting strategies, respond to agency inquiries, and mount a strong defense in jury trials and settlement negotiations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, September 7, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Trends and legal developments affecting the risks of healthcare investigations and prosecution
- Factors influencing actions
- Enforcement actions
- Corporate and individual actions
- When the government may pursue both
- Responding to subpoenas and CIDs
- Anatomy of a significant prosecution
The panel will review these and other vital questions:
- What should healthcare providers and their counsel consider when facing government investigation?
- What steps can providers and counsel take to limit potential liability?
- What best practices should healthcare counsel employ when dealing with a government investigation and prosecution?
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