Anti-Kickback Statute Compliance in Healthcare Transactions
Navigating Safe Harbors, Identifying Transactions That Implicate AKS, Limiting Civil Monetary Penalty Exposure
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to healthcare counsel on the Anti-Kickback Statute (AKS) provisions and regulatory safe harbors. The panel will provide guidance on how to determine when the AKS is implicated and what counsel can do to identify potential AKS problems. The panel will also offer best practices for structuring arrangements to minimize risk under the AKS.
- Understanding the AKS
- The CMP statute
- State AKS laws
- Safe harbors and exceptions
- The difference between statutory exceptions and regulatory safe harbors
- Common safe harbor and their requirements
- Transactions that might implicate the AKS
- Employment agreements
- Medical directorships and other personal services arrangements
- Investment interests
- Management agreements
- Marketing agreements
- Common pitfalls and reducing risks
- Responding to potential AKS problems
- Responding to subpoenas
- Presenting your case to the OIG
The panel will review these and other key issues:
- What are the AKS regulatory challenges facing healthcare providers and their counsel in healthcare contracting and transactions?
- What is the scope of the AKS safe harbors?
- How does the AKS relate to managed care arrangements?
Donald H. Romano
Foley & Lardner
Mr. Romano has extensive experience counseling hospitals, skilled nursing facilities and academic medical centers and... | Read More
Mr. Romano has extensive experience counseling hospitals, skilled nursing facilities and academic medical centers and health systems on compliance, reimbursement and litigation issues involving the complex array of federal regulations governing relationships with physicians. He counsels clients on payment issues relating to the Medicare and Medicaid programs, and regulatory compliance matters, particularly those pertaining to the Anti-Kickback Statute, the physician self-referral statute (Stark Law), HIPAA, and the Medicare enrollment regulations. He previously was a partner in another D.C. based law firm, and prior to that he had over 25 years of experience in the Department of Health and Services, including as a senior attorney in the Office of General Counsel.Close
J. Mark Waxman
Foley & Lardner
Mr. Waxman is former Chair of the firm's Health Care Industry Team. He focused on healthcare issues and handled... | Read More
Mr. Waxman is former Chair of the firm's Health Care Industry Team. He focused on healthcare issues and handled issues related to research and technology, integrated delivery systems, trade associations, governance, strategic business counseling, federal program fraud and abuse, reimbursement and managed care contracting. Prior to joining Foley, Mr. Waxman served as President and General Counsel of CareGroup IncClose