The Anti-Kickback Statute: Perspectives from a Whistleblower Lead Counsel and an Anti-Kickback Case Defendant

Duration: 90 Minutes
Webinar Id: 803434


One Attendee
Unlimited Attendees ?


The session will provide an overview of the Anti-Kickback Statute (AKS) and review what it prohibits, as well as review the Statute’s 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.

We will provide an in-depth review of the AKS, focusing on what is prohibited under the Act and what the exceptions are. We will also review the case law, particularly the early case law that sets the stage and basis for how the courts interpret the law. Since one of the exceptions to enforcement under the Act is regulations promulgated by the Secretary, the "safe harbors," payment practices will not be subject to criminal prosecution and that will not provide a basis for civil monetary penalties or exclusion from the Medicare or Medicaid programs, we will examine these safe harbors, particularly those more frequently used, to show how protection from enforcement can be achieved. Specifically, we will review the investment, space, and equipment rental, personal services/management contracts, and physician recruitment safe harbors.

Mr. Weinbaum was the target of a federal investigation and a defendant in two federal trials from 2003-2006 with Tenet Healthcare. In 2003 Alvarado Hospital Medical Center was raided by the FBI and he was subsequently indicted on 20 counts of violating the Anti-Kickback Statute. Over a span of three years, he was a co-defendant in two Federal trials along with the hospital and Tenet Healthcare; both ending in mistrials. A key lesson learned from the experience was that understanding the law, following corporate policy and procedure, and advice from counsel did not insulate him from exposure to violating the Federal Anti-Kickback Statute.

The presentation will cover his entire ordeal, with plenty of colors, advice, and recommendations regarding documentation, verbal and written correspondence with physicians and attorneys, material disclosure of facts, involvement of the hospital governing board and medical staff leadership regarding financial arrangements, and whether the administrative team’s management style can create exposure for the entire organization.

Why should you Attend:
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 crimes 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, and learn from someone who has been thru the ordeal. This is important because healthcare fraud and abuse are becoming the focus of these enforcement efforts.

Areas Covered in the Session:

  • The Anti-Kickback Statute
  • The Anti-Kickback Safe Harbors
  • OIG Advisory Opinions
  • Enforcement Actions are taken by OIG and its law enforcement partners
  • Pertinent Caselaw
  • Experience from a prior defendant

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

Speaker Profile
William Mack Copeland MS, JD, Ph.D., LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC. 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.

Copeland is a member of the American Health Lawyers Association, American, Ohio, and Cincinnati Bar Associations and 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.

Barry Weinbaum received his Master’s Health Sciences/Comprehensive Health Planning degree from Johns Hopkins University in 1977. He has 30 years of CEO and C-suite level experience managing hospitals in California, Florida, and Chicago. Later in his career, he joined PMB, LLC, a nationally recognized healthcare real estate development firm in 2006 as SVP of Business Development until becoming President, of BSA Healthcare Consulting in 2019.

BSA evaluates ambulatory programming and related on and off-campus clinic real estate development opportunities for hospitals and health systems. Services include providing site identification and entitlement analysis, space programming and related preliminary design, project costing, financial/ROI analysis, and project implementation services if desired. As a former hospital CEO, Barry can recognize opportunities for hospitals to grow their market share and has a keen understanding of physician/hospital relationships and alignment strategies working with Hospital leadership on a granular level approach. Barry continues to maintain an independent contractor relationship with PMB for the ability to evaluate and implement large-scale ambulatory medical building, parking, senior housing, and post-acute care real estate development projects.

He also speaks on the topic of being a target of a federal investigation and his experience being a defendant in two federal trials relating to Anti-Kickback Statute physician recruitment charges.

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