The Anti-Kickback Statute: 2023 - Year In Review

This 60-minute Anti-Kickback Statute webinar looks back at the cases and enforcement actions brought by the HHS OIG and its law enforcement partners in 2023.

It starts with a short review of the Anti-Kickback Statute (AKS) and its safe harbors, including the then-proposed safe harbor for coordinated care and related value-based arrangements. You'll then go through the OIG advisory opinions issued in 2023 and relevant AKS case law.

The session explains the elements of the statute and the exceptions and safe harbors providers can rely on, and how the AKS, together with Stark II, the federal physician self-referral law, can form the basis of a False Claims Act action.

• Explain the elements of the Anti-Kickback Statute
• Identify the safe harbors and exceptions that offer protection
• Review 2023 OIG advisory opinions and enforcement actions
• Describe how the AKS and Stark II support False Claims Act cases
• Recognize common business practices that are crimes in healthcare

• The Anti-Kickback Statute
• Anti-Kickback safe harbors, including the proposed coordinated care and value-based safe harbor
• OIG advisory opinions issued in 2023
• Enforcement actions taken by the OIG and its law enforcement partners
• Relevant case law

Recent cases show that many practices common in other industries are crimes under federal healthcare fraud and abuse laws. The government uses the AKS as a main enforcement tool, and fraud and abuse is a growing enforcement focus.

The session suits hospital executives, including CEOs, COOs, CFOs, CNOs and CMOs, physicians, practice managers and other provider executives who receive payment from Medicare, Medicaid and other federal programs such as TRICARE.

• 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.