Healthcare Self-Disclosure Update

Length: 89 minutes
Product ID: 386000EAU

 
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OnDemand Webinar:$199.00$119.40Register Now
TeleconferenceCredit
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Benefits

This OnDemand Webinar will review these and other key questions:

  • What options do health care providers have for voluntary disclosure?
  • What factors should health care providers consider when determining whether a potential violation should be reported?
  • How have these been changed by health care reform legislation and the Fraud Enforcement and Recovery Act?
  • How does the position of CMS alter the approach of a health care provider undertaking voluntary disclosure?
  • How does the OIG's revised Self-Disclosure Protocol alter the approach of a health care provider undertaking voluntary disclosure?
  • If a health care provider reaches settlement with the Department of Justice, what impact will that settlement have on the provider's dealings with OIG? Or with the Centers for Medicare and Medicaid Services?

Agenda

The Law of Overpayments and Self-Disclosure

  • Types of Overpayments and Defenses
  • Special Stark Law Issues
  • Enforcement Statutes

Practical and Strategic Considerations and Best Practices

  • Conducting the Investigation
  • Handling Potential Whistleblowers
  • Determining What to Disclose and How
  • Dealing With Missing Evidence and Witnesses
  • How Far Back?
  • Internal Communications and Informing the Board

Voluntary Disclosure Options

  • OIG Self-Disclosure Protocol
  • Department of Justice
  • Medicare Contractors
  • State Voluntary Disclosure Protocols
  • Stark Law and Self-Disclosure
  • Self-Disclosure Case Studies
  • Is Self-Disclosure a Defense?
Faculty

Paul F. Danello, Baker & Daniels LLP
Robert C. Threlkeld, Morris, Manning & Martin, LLP

Paul F. Danello
• Partner and chairman of the Health Care Practice in the Washington, D.C. office of Baker & Daniels LLP
• More than 30 years experience in health care law on international and domestic fronts and has the distinction of being both a civil and canon lawyer
• Concentrates his practice in corporate, financing and government regulatory matters affecting the health care industry
• Provides clients with the unequalled experience and perspective of having participated in hundreds of corporate and governance restructurings, and has a wide-ranging background as both general counsel and special counsel to major nonprofit health systems and hospitals; state, county, district and public authority hospitals; academic medical centers; and physician group practices
• Work includes close coordination with major health care industry consulting firms in the determination of business strategy, legal structure and implementation
• Responsible for guidance on the nation’s entire health care industry on the federal fraud and abuse laws as a member of an elite specialty team of highly experienced health care lawyers in the Office of Inspector General of the U.S. Department of Health and Human Services
• Developed interpretive and “safe harbor” regulations to the anti-kickback statute and the Ethics in Patient Referrals Act (Stark Law), as well as Advisory Opinions, Fraud Alerts, Special Advisory Bulletins and other forms of guidance
• Structured and counseled clients throughout the country on clinical joint ventures and value-added programs and payor partnerships
• Frequent speaker at events sponsored by various national health care groups
• Listed in the Guide to the World’s Leading Health Care Lawyers annually since 1999

Robert C. Threlkeld
• Partner with Morris, Manning & Martin, LLP, in the firm’s Healthcare, Litigation and Exempt Organizations Practices
• Represents hospital systems, physician practice groups and other health care providers in regulatory matters, and regulatory and business disputes
• Experience in Medicare and Medicaid fraud and abuse matters, managed care disputes, false claims and whistle-blower cases, certificate of need matters, licensure and medical staff disputes
• Represented providers in federal and state courts in disputes involving managed care contracting and reimbursement, medical partnership and shareholder disputes, and breach of contract actions
• Advises providers on compliance with regulatory requirements in connection with various transactions, including a variety of hospital/physician alignment transactions, provider joint ventures and other arrangements
• Adjunct professor in pretrial litigation at Emory University
• Listed as a top lawyer in health care by Chambers USA: America’s Leading Lawyers for Business in 2009
• Selected as a Georgia Super Lawyer in 2009 and 2010
• J.D. degree, cum laude, Georgetown University
• M.A. degree, Harvard University
• B.A. degree, magna cum laude, Emory University


Continuing Education Units
  • CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
  • Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Detailed Credit Information


Additional credit may be available upon request. We cannot guarantee availability, but we will check into it for you. Contact Lorman at 1-866-352-9540 for further information.


One attendee may receive credit per registration.