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Options for Resolving Stark Law or Anti-Kickback Violations

Gain an understanding of the multiple possibilities that can resolve any Stark Law or Anti-Kickback Violations.A Stark Law or Anti-Kickback violation can wreak havoc for a healthcare provider. When one violation is uncovered, more are bound to follow. And in today's increasingly complex healthcare environment, it is all too easy for a violation to occur, even inadvertently. Healthcare providers and companies need to know what to do when they discover a potential Stark Law or Anti-Kickback violation. This topic provides practical information about when the Stark Law and Anti-Kickback Statutes apply and how violations of either law can lead to automatic violations of other federal laws. More specifically, this material offers proactive steps for analyzing whether to invoke the OIG (Anti-Kickback) or CMS (Stark Law) Self-Disclosure Protocols in an effort to mitigate the effects of purported violations, as well as how to address overpayments received as a result of such violations. This information should be of particular interest to providers, and their attorneys, who want to understand the appropriate steps to return to compliance after discovering a violation.
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

What Is the Stark Law?
  • When Does It Apply?
  • What Types of Referrals Are Prohibited? What Types of Billing Claims?
  • How Do Stark Law Exceptions Work?
  • What Penalties Apply If Violated?
  • Who Enforces?
What Is the Anti-Kickback Statute?
  • When Does It Apply?
  • How Do Anti-Kickback Safe Harbors Work?
  • What Penalties Apply If Violated?
  • Who Enforces?
What Is the Difference Between the Anti-Kickback Statute and the Stark Law?
  • Intent vs. Strict Scrutiny
  • Criminal vs. Civil
  • Other Differences?
What Can You Do When You Discover an Anti-Kickback or Stark Law Violation?
  • Repayment
  • OIG Self-Disclosure Protocols (Anti-Kickback)
  • Self-Referral Disclosure Protocol (Stark Law)
  • Advantages and Disadvantages of Self-Disclosure
  • Preserving Privilege vs. Waiving Privilege
  • Risks for Failure to Disclose/Repay
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Kevin M. Wood

Kevin M. Wood

Clark Hill | Strasburger

  • Partner in the Austin office of Clark Hill | Strasburger
  • Practice emphasizes all aspects of Healthcare Law
  • Conducts regular seminars and workshops on numerous topics, including healthcare fraud and abuse requirements such as the Stark Law and Anti-Kickback Statute as well as healthcare data privacy and security requirements under HIPAA
  • Named among Best Lawyers in America in Health Care Law (2012-2019; Best Lawyers) and a Texas Super Lawyers’ Rising Star

in Health Care Law (2005-2007 & 2009-2011; Thompson Reuters)

  • J.D. degree, University of Texas at Austin; B.A. degree, Hardin-Simmons University
  • Membership: American Health Lawyers Association; State Bar of Texas Health Law Section; Austin Health Lawyers (Austin Bar

Association); Healthcare Think Tank Organizations: Austin, Houston, North Texas & San Antonio

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 403907
Published 2018
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