Fraud in Healthcare Under Heightened Scrutiny

Effective Compliance Strategies in the Face of New DOJ/HHS Fraud Initiatives

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Tuesday, July 14, 2009
Recorded event now available


The teleconference/webinar format offers two options for participation: audio only via telephone (download speaker handouts prior to the program) or audio via phone plus online viewing of speaker-controlled PowerPoint presentations.

This seminar will examine the Fraud Enforcement and Recovery Act of 2009 (FERA) and the significant changes it makes to the False Claims Act. The panel will discuss current enforcement trends and steps healthcare providers and counsel must take to ensure compliance.

Description

A new federal focus on false claims enforcement affects all healthcare providers. On May 20, 2009, the president signed the Fraud Enforcement and Recovery Act of 2009 (FERA), expanding liability for false claims to the federal government and increasing the likelihood of whistleblower reports.

On May 28, 2009, a major pharmaceutical maker agreed to pay $95.5 million to settle Department of Justice allegations that it violated the FCA by misreporting drug prices. The DOJ and the Department of Health and Human Services recently announced a new interagency team to combat healthcare fraud.

The heightened risk of investigation and liability, increased repayment obligations, and new retaliation exposures mean healthcare providers, health plans and their counsel must review and tighten their practices for dealing with Medicare and other federal programs.

Listen as our authoritative panel of healthcare law attorneys examines the impact of FERA and key changes to the False Claims Act, including current FCA enforcement trends. The panel will outline strategies for implementing and maintaining compliance programs for providers and their counsel.

Outline

  1. Impact of FERA and key changes to the FCA
    1. Fraud against government contractors and grantees
    2. Conspiracy
    3. Retention of overpayments
    4. Expanded whistleblower protections
    5. Expanded investigative tools for Dept. of Justice
    6. Statute of limitations
    7. Implications for healthcare providers
  2. FCA enforcement trends
    1. Health Care Fraud Prevention and Enforcement Action Team (HEAT)
    2. Deficit Reduction Act impact
    3. State FCAs and Federal Medical Assistance Percentage (FMAP)
  3. Strategies for implementing and maintaining compliance programs
    1. Designing a program — policies and procedures for detecting and preventing fraud, waste and abuse
    2. Implementing a program
    3. Training
    4. Monitoring
    5. Response to violations

Benefits

The panel will review these and other key questions:

  • How does the FERA amend the False Claims Act?
  • What are the key elements of an effective compliance strategy to avoid FCA violations?
  • What steps can healthcare providers take now to mitigate their exposure to whistleblower actions?

Faculty

T. Jeffrey Fitzgerald, Partner
Faegre & Benson, Denver

His practice focuses on fraud and abuse, Medicare reimbursement, compliance and other regulatory issues. He represents hospitals, physicians and other healthcare providers in federal False Claims Act investigations and litigation. He conducts internal investigations in response to allegations of fraud and advises healthcare entities in development and implementation of corporate compliance plans.

Jonathan Diesenhaus, Partner
Hogan & Hartson, Washington, D.C.

He focuses on healthcare fraud and abuse litigation and counseling, federal and state False Claims Act litigation, and white collar criminal defense. While at the U.S. Department of Justice, he handled civil fraud and False Claims Act matters and was designated an authority in the Stark Law and the viability of claims under the False Claims Act as a remedy for unlawful marketing practices.

Michael W. Paddock, Partner
Crowell & Moring, Washington, D.C.

He focuses on healthcare fraud and abuse matters and advises clients on compliance matters, the conduct of internal investigations related to potential fraud and abuse issues, and responding to and defending against government anti-fraud and abuse enforcement efforts and regulatory inquiries, including qui tam and government allegations of False Claims Act violations.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Audio + Slide Presentation) $49.00
Available three business days after the live event

How does this work?

Webinar on DVD (audio + slide presentation) $49.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

Teleconference on CD (audio only) $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

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Program Materials

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Customer Reviews

I liked the topic and the tools provided in the handouts.

Mildred Johnson

Texas Tech University Health Sciences Center

The speaker's practical discussions were particularly helpful.

Kenneth J. Clarkson

Sullivan, Ward, Asher & Patton

All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.

Stephan R. Silen

American AgCredit

Excellent topics, discussed very well.

McClure King

Dearborn National

I liked everything about the teleconference - knowledgeable speakers, well presented, timely topic.  I was very impressed.

James A. Tramonte

Miller Martin

Health Law Advisory Board

Lowell C. Brown

Partner

Arent Fox

David A. Manko

Partner

Rivkin Radler

John J. Miles

Principal

Ober Kaler

Gregg D. Reisman

Partner

Garfunkel Wild & Travis

J. Peter Rich

Partner

McDermott Will & Emery

Donald H. Romano

Of Counsel

Foley & Lardner

Judith A. Waltz

Partner

Foley & Lardner

Jesse A. Witten

Partner

Drinker Biddle & Reath

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