Surviving Heightened Healthcare Enforcement: Avoiding Substantial Penalties and Settlements

Responding to Increased Government Investigations and Qui Tam Litigation, Preparing for Expanded Criminal Charges

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

Conducted on Thursday, April 16, 2015

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance to healthcare counsel on current government enforcement trends, responding to investigations, and handling qui tam defense. The panel will provide best practices for minimizing government penalties, liability exposure and qui tam suits.

Description

Healthcare enforcement is a 2015 priority for the U.S. DOJ. Recent examples include Endo Health Solutions and Endo Pharmaceuticals’ $192.7 million payment to resolve criminal and civil liability related to alleged drug mislabeling regarding directions of use. Endo also settled a civil false claims action and entered into a deferred prosecution agreement.

Hospitals and healthcare providers must also be on guard for whistleblower actions, which are being brought in unprecedented numbers. Qui tam litigation motivates whistleblowers with the potential for up to a 30% share of the award. In 2014, a Florida hospital agreed to pay $85 million to settle a qui tam lawsuit alleging illegal compensation to physicians, Medicare fraud, and Stark Law violations. In 2015, one of the largest healthcare fraud settlements in Alabama was reached, where two medical clinics agreed to pay $24.5 million to resolve false claims allegations.

Healthcare providers must understand the increased liability risks and prepare to respond to government investigations and qui tam litigation. Providers and their counsel should develop policies to help ensure compliance, mitigate risks of the False Claims Act and other violations and whistleblower actions, and defend investigations.

Listen as our authoritative panel of healthcare attorneys examines healthcare enforcement trends, including FCA and qui tam litigation. The panel will examine recent cases and the lessons that can be learned from those cases. The panel will offer guidance on avoiding qui tam lawsuits.

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Outline

  1. Healthcare enforcement trends
    1. Priority of cases against healthcare providers
    2. FCA and qui tam litigation
    3. Fraud and anti-kickback
    4. Expansion of criminal charges being brought
  2. Recent cases and lessons learned from those cases
  3. Guidance on avoiding qui tam litigation

Benefits

The panel will review these and other key issues:

  • What are the key court decisions and the enforcement developments for 2015 and beyond?
  • How is DOJ expanding criminal charges it is pursuing against healthcare companies and individuals?
  • What steps can healthcare providers take to mitigate their exposure to qui tam actions?

Faculty

Gregory M. Luce
Gregory M. Luce
Partner
Skadden Arps Slate Meagher & Flom

Mr. Luce focuses on the counseling and defense of healthcare providers, suppliers, pharmaceutical companies and...  |  Read More

Salcido, Robert
Robert S. Salcido
Partner
Akin Gump Strauss Hauer & Feld

Mr. Salcido represents Fortune 500 companies, major nonprofit health care systems, and executives in responding to...  |  Read More

Amandeep S. Sidhu
Amandeep S. Sidhu
Partner
McDermott Will & Emery

Mr. Sidhu focuses his practice on complex commercial disputes, health care related investigations and litigation,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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