OIG Changes to Anti-Kickback Safe Harbor Provisions and the CMP Beneficiary Inducement Prohibition

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


Conducted on Wednesday, November 1, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to healthcare counsel on the the new Anti-Kickback Statute (AKS) safe harbors and the changes to the Civil Monetary Penalty Law (CMP) beneficiary inducement prohibition. The panel will discuss how hospitals, healthcare providers, and others in the healthcare industry can take advantage of the changes and ensure compliance.

Description

The U.S. DHHS Office of Inspector General amendments to the AKS regulatory safe harbors became effective in 2017. The amendments add protections for certain payment practices and business arrangements under the beneficiary inducement provisions of the CMP.

The rules impact a variety of business practices in the healthcare industry. Protection under the AKS safe harbors is extended in certain circumstances to cost-sharing waivers by pharmacies and for emergency ambulance services, remuneration between Medicare Advantage Organizations and federally qualified health centers, certain drug discounts, and free or reduced cost local transportation services.

In a recent advisory opinion, the OIG clarified the warranty safe harbor. Under the federal AKS, a pharmaceutical manufacturer can offer physicians, hospitals and clinics free replacements of products that become spoiled. The warranty safe harbor applies more broadly than the traditional product defect settings in prior OIG guidance.

Attorneys advising healthcare facilities, providers and others in the healthcare industry must fully understand the changes to ensure clients are in compliance.

Listen as our authoritative panel examines the new safe harbors as well as the changes to the CMP beneficiary inducement prohibition. The panel will discuss how hospitals, healthcare providers, and others in the healthcare industry can take advantage of the changes and ensure compliance.

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Outline

  1. AKS safe harbors
  2. CMP beneficiary inducement prohibition
  3. Impact of the changes
  4. What providers and counsel need to do to ensure compliance

Benefits

The panel will review these and other key issues:

  • How do the safe harbor changes impact local transportation? The Medicare coverage gap discount program? Cost-sharing?
  • What is the impact of the changes to the definition of remuneration under the beneficiary inducement CMP provisions?
  • What must providers and others in the healthcare industry do to ensure compliance with the new rules?

Faculty

Mikel, Clinton
Clinton Mikel

Partner
The Health Law Partners

Mr. Mikel has practiced in almost all areas of healthcare law but has focused his practice on compliance with federal...  |  Read More

Oppenheim, Charles
Charles B. Oppenheim

Partner
Hooper Lundy & Bookman

Mr. Oppenheim’s practice includes all aspects of transactional, operational and regulatory healthcare law,...  |  Read More

Wright, Jill
Jill S. Wright

Special Counsel
Foley & Lardner

Ms. Wright’s practice focuses on healthcare fraud and abuse and compliance issues, including the federal...  |  Read More

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