Physician-Vendor Relationship Compliance: Minimizing False Claims, Anti-Kickback Risks

Federal regulators and prosecutors are scrutinizing improper financial relationships between physicians and vendors. Issues of concern include the use of free samples, “sham” consulting and advisory payments, physician gifts and gratuities, off-label uses of drugs and devices, and the potential impact of remuneration on medical decisions.

Physicians found in violation of state and federal fraud and abuse laws can face imprisonment, penalties and medical license revocation.

Counsel for physicians must ensure their clients’ policies and practices regarding vendor relations comply with the federal Anti-Kickback Statute, False Claims Act, and other federal and state laws regulating this area.

Listen as our panel of healthcare attorneys describes the potential legal pitfalls of common physician-vendor arrangements and offers best practices for staying in compliance with the law.

1. Current areas targeted for enforcement
2. Potential pitfalls of common physician-vendor arrangements
   1. FCA violations
   2. AKS violations
   3. Other federal law violations
   4. State law violations
3. Compliance best practices

The panel will review these and other key issues:

• What common physician-vendor arrangements can lead the government to suspect and investigate possible False Claims Act and Anti-Kickback violations?
• What steps should physicians take in their dealings with vendors to avoid allegations of fraud?
• How should counsel for physicians and vendors respond if they are targeted for investigation?