The Federal False Claims Act and the Anti-Kickback Statute: Healthcare Organizations Are at Risk

This training session will provide an overview of the Federal Civil False Claims Act (FCA) and how it works. It will also provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the session will review recent cases and show how they potentially impact participants. The course will provide an in-depth review of the AKS (Anti-Kickback Statute) and review various cases to show how easy it is to run afoul of the statute, and how the courts view compliance with it.

Why Should You Attend:

The webinar will begin with a review of the Federal False Claims Act and discuss how it works and how it is being used to fight health care fraud. It will discuss how the various health care fraud task forces use the Federal False Claims Act and its whistleblower provisions to identify and prosecute health care fraud. The webinar will take the Federal False Claims Act apart and show step by step how an action is filed, how the government responds and how the courts interpret various elements of the Act. It will discuss proof, damages under the Act and how the whistleblower is rewarded for bringing a successful case.

The session will also provide an overview of the Anti-Kickback Statute (AKS) and review what it prohibits, as well as a general review of the AKS available safe harbors. It will also show how violation of the AKS can raise FCA concerns, and it will provide an assessment of enforcement activities, showing how participants may be at risk. In addition, the session will review recent cases and show how they potentially impact participants.

Finally, the course will provide an in-depth review of the AKS, focusing on what is prohibited under the Act and what the exceptions are. It will also review the case law, particularly the early case law that sets the stage and basis for how the courts interpret the law.

Areas Covered in the Webinar:

• Federal False Claims Act - what it is and how it works
• How the FCA is being used as an enforcement tool by the federal enforcement authorities
• Federal civil Anti-Kickback Statute
• Safe harbors providing protection under the AKS
• Enforcement activities involving the AKS
• Recommendations to mitigate violations of the AKS

Who Will Benefit:

• Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs
• Nursing home executives
• Physicians
• Physician practice managers
• Other healthcare provider executives