Anti-Kickback, Fraud, Stark, and Marketing - Where are the Landmines
Webinar Overview
In the highly regulated healthcare industry, even well-intentioned marketing and business development activities can inadvertently violate federal fraud and abuse laws, leading to catastrophic financial penalties, exclusion from federal programs, and irreparable damage to your organization's reputation.
This critical webinar provides an in-depth analysis of the three primary laws governing healthcare business relationships: the Federal False Claims Act (FCA), the Anti-Kickback Statute (AKS), and the Physician Self-Referral Law (Stark Law). We will dissect how common marketing strategies—from referral bonuses and discounting to exclusive contracting arrangements—can trigger violations of one or all of these statutes. More importantly, we will provide the essential building blocks for developing a robust compliance program that serves as your first line of defense, protecting your organization’s most precious commodity: its integrity.
Why You Should Attend
The intersection of marketing and healthcare law is a high-risk zone for enforcement. A single misstep can expose your organization to multi-million dollar liabilities under the False Claims Act, which is often triggered by an underlying Anti-Kickback or Stark violation.
Upon completion, you will be able to:
Identify High-Risk Marketing Practices: Understand the specific types of marketing activities that are red flags for regulators.
Implement Protective Controls: Establish mandatory internal policies and procedures to mitigate exposure to civil and criminal liability.
Safeguard Corporate Reputation: Learn how a proactive compliance program is not just a legal requirement but a strategic asset that builds trust and ensures sustainability.
Apply Lessons from Real Cases: Through a detailed case study, you will see a real-world example of how a company's marketing efforts created massive vulnerabilities, providing a cautionary tale and a clear learning opportunity.
Key Takeaways
A clear understanding of the scope and enforcement trends of the FCA, AKS, and Stark Law.
Practical knowledge of how to integrate compliance principles into your sales and marketing operations.
Actionable strategies for developing and maintaining an effective compliance program as a shield against economic sanctions.
Areas Covered in the Session
The Federal False Claims Act (FCA): How it is enforced and its direct link to problematic marketing claims.
The Federal Anti-Kickback Statute (AKS): Analyzing what constitutes "remuneration" and the "intent" requirement.
The Stark Law (Federal Physician Self-Referral Law): Understanding the prohibition on referrals for "Designated Health Services" and its strict liability nature.
Compliance as a Strategic Tool: Implementing the seven fundamental elements of an effective healthcare compliance program.
Case Study Analysis: A breakdown of a real organization whose marketing efforts led to significant legal exposure and financial loss.
Who Will Benefit
This webinar is essential for healthcare leaders and professionals involved in business strategy, marketing, and compliance, including:
Hospital C-Suite Executives (CEOs, COOs, CFOs, CNOs, CMOs)
Physicians and Physician Practice Managers
Healthcare System Executives and Board Members
Marketing and Business Development Directors
Compliance Officers and Legal Counsel
Risk Management Professionals
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