Description:

The Anti-Kickback Statue (AKS), a crucial Federal law in the United States, aims to prevent fraud and abuse in healthcare programs by prohibiting any form of financial inducements for patient referrals or services, and violations can result in severe penalties and fines. Perspectives on this law can vary greatly, with whistleblowers, lead counsel, and defendants in anti-kickback cases.

Whistleblowers play a vital role in exposing AKS violations. They often uncover unethical or illegal practices and report them to authorities. Whistleblowers are typically healthcare employees or individuals with insider knowledge who may receive financial incentives for their efforts.

Lead counsel for whistleblowers seeks to protect their client’s rights and help them navigate complex legal processes, including filing lawsuits under the False Claims Act.

Individuals and organizations accused of violating the AKS must mount a legal defense. Defendants may argue that their actions were unintentional, had a proper safeguard, or didn’t knowingly violate the law. 

Mr. Weinbaum was the target of a federal investigation and a defendant in two national trials from 2003-2006 with Tenet Healthcare. In 2003, Alvarado Hospital Medical Center was raided by the FBI, and he was subsequently indicted on 20 counts of violating the Anti-Kickback Statute. For three years, he was a co-defendant in two Federal trials along with the hospital and Tenet Healthcare, ending in mistrials. An important takeaway from this experience was that even with a solid grasp of the law, adherence to corporate policies and procedures, and guidance from legal counsel, it did not protect from potential violations of the Federal Anti-Kickback Statute.

Over the years, the AKS has made adjustments and clarifications, particularly in response to changes in the healthcare industry. Staying informed about evolving regulations is essential for compliance. The anti-kickback statute is a crucial tool in the fight against healthcare fraud, but it raises complex, legal, ethical, and financial considerations. Perspectives from whistleblowers, lead counsel, and defendants over insight into the multifaceted nature of AKS cases, where legal intricacies and ethical concerns often collide.

Areas Covered:

• The Anti-Kickback Statute.
• The Anti-Kickback Safe Harbors.
• OIG Advisory Opinions.
• Pertinent Caselaw.
• Experience from a prior defendant.
• Enforcement Actions Taken by OIG and its law enforcement partners.

Webinar Highlights:

• Overview of the Anti-Kickback Statute, its elements, what it prohibits, and how it works.
• Review United States v. Weinbaum by the defendant in the case.
• Eliminate payment for referrals to Medicare/Medicaid patients.
• The perspective of how the courts and the Inspector General’s (OIG) office view compliance with the AKS.
• Discuss the Medicare and Medicaid Patient and Program Protection Act of 1987. 
•  Accused of Breaking the Law When You Believe What You Were Doing Was Legal.
• Review the Statute’s available safe harbors.
• GB and MEC endorse and review hospital financial arrangements with physicians.
• Material disclosure of facts and attorney/client interaction documenting emails and phone conversations.
• Risks cannot be eliminated, but they can be mitigated.
• Recent enforcement actions taken by the OIG and its law enforcement partners.

Why Should You Attend?

Healthcare fraud and abuse are serious issues that can harm patients, waste healthcare resources, and erode trust in the healthcare system. This webinar provides the Anti-Kickback statute, its implications, and how it affects the healthcare industry, ensuring compliance with the law, covering recent changes related to the rule, and how the courts deal with violations of the AKS. Review all contracts with physicians and other providers, understand and comply with the law and regulations.

The webinar materials and presentation are intended to stimulate thought and discussion and provide those attending the webinar with valuable ideas and guidance in healthcare fraud and abuse. The materials and the comments made by the presenter during the webinar and otherwise do not constitute and should not be treated as legal advice. Attendees are encouraged to seek the advice of competent counsel well-versed in healthcare fraud and abuse.

Who Should Attend:

• Hospital executives including CEOs, COOs, CFOs, CNOs, and CMOs
• Physicians 
• Practice Managers
• Healthcare Provider Executives

Presenter Information:

Name: William Mack Copeland and Barry Weinbaum

William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Harrison, Ohio at the firm of Copeland Law, LLC. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. Copeland is a member of the American Health Lawyers Association, American, Ohio, and Cincinnati Bar Associations and is a life fellow in the American College of Healthcare Executives. A former hospital chief executive officer, he was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.

Barry Weinbaum received his Master’s Health Sciences/Comprehensive Health Planning degree from Johns Hopkins University in 1977. He has 30 years of CEO and C-suite level experience managing hospitals in California, Florida, and Chicago. Later in his career, he joined PMB, LLC, a nationally recognized healthcare real estate development firm in 2006 as SVP of Business Development until becoming President, of BSA Healthcare Consulting in 2019.

BSA evaluates ambulatory programming and related on and off-campus clinic real estate development opportunities for hospitals and health systems. Services include providing site identification and entitlement analysis, space programming and related preliminary design, project costing, financial/ROI analysis, and project implementation services if desired. As a former hospital CEO, Barry can recognize opportunities for hospitals to grow their market share and has a keen understanding of physician/hospital relationships and alignment strategies working with Hospital leadership on a granular level approach.

Barry continues to maintain an independent contractor relationship with PMB for the ability to evaluate and implement large-scale ambulatory medical building, parking, senior housing, and post-acute care real estate development projects.

He also speaks on the topic of being a target of a federal investigation and his experience being a defendant in two federal trials relating to Anti-Kickback Statute physician recruitment charges.

Barry can be reached at 619-246-7247 or by email at weinbaumbarry@gmail.com.