Risky Business: Understanding Physician Liability Under the Federal Stark Law, the Anti-Kickback Statute and the Tax Exemption Rules - Webinar (Recorded)

In this session, Mr. Wolfe will provide practical guidance based on his experience supporting health care organizations nationwide both as an attorney and as a consultant.

In this webinar, Joe Wolfe will educate listeners on potential liability for physicians tied to excess compensation under the Stark Law, the Anti-Kickback Statute and the IRS tax exemption rules. Notably, all three of these laws require compensation that is consistent with fair market value. Physicians and other health care providers can face significant financial and reputational consequences for alleged violations of these important health care compensation laws. For example, with respect to the Anti-Kickback Statute, a physician may face up to ten years in prison and felony conviction.

The Stark Law and the Anti-Kickback Statute apply to physicians who submit claims for reimbursement to federal health care programs including Medicare and Medicaid for the provision of medical services and items. The IRS tax exemption rules apply to physicians who receive compensation from tax-exempt organizations.

The purpose of these laws is to prevent referrals for services and medical items reimbursed by the federal government for which the individual providing the referral receives a financial benefit, either directly or indirectly.

Why you should Attend:

Unfortunately, many physicians and other health care providers may not be aware of the civil and criminal liability they face when soliciting excess compensation or communicating the value of their referrals to health care organizations during the negotiation process. Unintentional violations of such laws - which may even seem logical in typical business settings - can result in criminal and civil liability, steep financial penalties, an inability to participate in Medicare and Medicaid programs, and possible disciplinary action by professional oversight boards.

Areas Covered in the Session:

• Overview of the Stark Law, the Anti-Kickback Statute and their application to physicians
• Key regulatory issues involving fair market value, commercial reasonableness, and the prohibition on paying for referrals
• Potential liability for physicians, including criminal and civil liabilities, financial
• penalties, exclusion from federal health care programs and others
• Steps physicians can take to mitigate their own risk and ensure compliance