The Anti-Kickback Statute: 2023 - Year In Review

This webinar will focus on cases and enforcement actions taken by the HHS OIG and its law enforcement partners in 2023. We will also briefly review the Anti-Kickback Statute (“AKS”), discuss safe harbors, particularly the new proposed safe harbor for coordinated care and associated value-based arrangements, and OIG Advisory Opinions that have been issued in 2023, as well as pertinent cases involving the AKS.

• The Anti-Kickback Statute
• The Anti-Kickback Safe Harbors
• OIG advisory opinions
• Enforcement actions were taken by OIG and its law enforcement partners.
• Pertinent case-law

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

Hospital executives, as well as physicians and/or other healthcare providers, should be very concerned about the potential for the government to use the Anti-Kickback Statute as one of the prime methods for enforcing federal fraud and abuse laws. Equally concerning, along with Stark II (the federal physician anti-referral law), the Anti-Kickback Statute 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, along with the various exceptions and safe harbors that you can rely on for protection against enforcement under these laws. This is important because healthcare fraud and abuse if becoming the focus of these enforcement efforts.

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

William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is president and CEO. He is also president of Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.