The Federal False Claims Act: Enforcement and Recent Updates

         The 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 healthcare providers may be at risk. In addition, the session will review recent cases and show how they potentially impact healthcare providers.

         We will start 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. We 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. We 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 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.

         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.

         We will also review the changes made to both the False Claims Act and the AntiKickback Statute made by the Affordable Care Act.

         Finally, the webinar will review various cases to show how easy it is to run afoul of the Statute, and how the courts view compliance with it. In addition, we will discuss the latest updates to both the False Claims Act and the Anti-Kickback Statute.

         Recent cases and/or enforcement actions involving 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 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 health care providers, should be very concerned about the potential for the government to use the AKS 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 AKS 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 AKS, 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.

• A review of the Federal False Claims Act, its history, how it works, its proof requirements, pleading requirements and damages.
• New enforcement actions and penalties under the Affordable Care Act.
• A review of recent cases involving the False Claims Act
• Show how the courts deal with violations of the Federal False Claims Act.
• A review of the Federal False Claims Act, its history, how it works, its proof requirements, pleading requirements and damages.
• New enforcement actions and penalties under the Affordable Care Act.
• A review of recent cases involving the False Claims Act. Who Will Benefit

•        Objectives of the presentation:

• New enforcement actions and penalties under the Affordable Care Act.
• A review of recent cases involving the False Claims Act
• Show how the courts deal with violations of the Federal False Claims Act.

This webinar will benefit below audience

• Hospital Executives, Particularly CEOs, COOs, CFOs, CNOs, and CMOs
• Physicians
• Physician Practice Managers
• Other Healthcare Provider Executives
• Healthcare provider board members
• Attorneys representing health care providers and practitioners, and
• Chief compliance officers