The Federal Anti-Kickback Statute & Stark Law: What Physicians, Hospitals and Other Providers Need to Know

The Anti-Kickback Statute (AKS), Stark and FCA are alive, still with us and as viable as ever. The AKS provides that the offer or payment, as well as the solicitation or receipt, of “any remuneration” in exchange for referrals of any good, facility, service, or item for which payment may be made in whole or in part under Medicare/Medicaid is prohibited. Stark prohibits referrals by physicians to entities with which the physician has an investment interest or compensation arrangement. The FCA prohibits anyone from presenting a false or fraudulent claim for payment to the Federal Government or causing the use of a false record to get a claim paid by the Federal Government. 

Recent cases and/or enforcement actions involving the AKS and Stark, violation of either constitutes the basis for an action under the FCA raise serious concerns regarding compliance issues with hospital, physician practices and other healthcare entities.  Recoveries under the FCA are at an all-time high, and the percentage of actions involving healthcare organizations has been increasing at exponential rates.

 This program is designed for health care executives, physicians and other health care providers and their managers who participate in and receive remuneration from Medicare, Medicaid, and other federal health care programs such as TriCare.  Several recent cases bring home the realization that many activities that are common in other industries are crimes under federal healthcare fraud and abuse laws.

Physicians and hospital executives, as well as other health care providers, should be very concerned about the potential for the government to use the Anti-Kickback Statute and Stark as one of the prime methods for enforcing the federal fraud and abuse laws.  Equally concerning is the AKS and/or Stark can be and is being used as the basis for an action brought under the Federal False Claims Act.  In this webinar, you will learn about the elements of the Anti-Kickback Statute, Stark and the FCA, along with the various exceptions and safe harbors that you can rely on for protection against enforcement under these laws. This is important because under recently enacted health care laws, enforcement and health care fraud task forces have been greatly enhanced.  In addition, the Affordable Care Act (better known as Obamacare), the government has greatly enhanced enforcement resources.

This webinar will focus on the Anti-Kickback Statute (AKS) and Stark Law (Stark), the federal anti-referral legislation, with an in-depth discussion of each and their relationship with the federal False Claims Act. It will also provide a review of enforcement priorities by the Office of the Inspector General (OIG) and Department of Justice (DOJ), as well as cases that are pertinent to these enforcement activities. Finally, there will be a discussion of recommendations pertaining to compliance activities. 

Attend this webinar and learn how to protect yourself and your organization.

Webinar Objectives

• Provide attendees with an understanding of the AKS.
• Provide attendees with an understanding of the Stark Law.
• Provide attendees with an understanding of the FCA.
• To show how being in compliance with the Safe Harbors and Stark exceptions will protect the organization from violation of the Anti-Kickback Statute and/or Stark.
• Provide a perspective of how the courts, the OIG and DOJ view compliance with the AKS, Stark and the FCA.
• Discuss recent enforcement actions taken by the OIG and Justice Department.
• Show how the courts deal with violations of the AKS, Stark and the FCA.

Webinar Highlights

• The Anti-Kickback Statute.
• Stark Law.
• Overview of the AKS Safe arHHarbors and Stark Exceptions.
• Enforcement Actions taken by OIG and DOJ.
• Caselaw.

Who Should Attend

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