In this program, we will review the physician anti-referral laws (Stark I and II), provide an in-depth discussion of physician employment contracting, review the relevant Stark exceptions and discuss how physician compensation models can be in compliance with the Stark prohibitions.
Why you should attend
This session is designed for health care executives, physicians and other health care providers who participate in and receive remuneration from Medicare, Medicaid, and other federal health care programs such as TriCare. Several recent cases bring home the realization that Stark II (the physician anti-referral law) is alive, still with us and as viable as ever, and it can be used as the basis of a False Claims Act action.
As a health care executive, physician or other health care provider, you should be very concerned about the potential for Stark II, as well as the Anti-Kickback Statute, being used as the basis for an action brought under the Federal False Claims Act. In this webinar, you will learn about the elements of the Stark II law, along with the various exceptions and safe harbors that you can rely on for protection against enforcement under this law.
This is important because under recently enacted health care laws, enforcement and health care fraud task forces have been greatly enhanced. Recovery under the Federal False Claims Act last year resulted in over $4.9 billion being recovered for the federal government, $24.2 billion since the law was revised to make it more relator friendly in 1986.
Since 1986, whistleblowers have been awarded nearly $4 billion. Whistleblowers are where a majority of the Federal False Claims Act suits originate. Two cases involving Stark, the Toumey Health System case in South Carolina, with a settlement in excess of $72 million (after a verdict of $237.5 million) and the Hardeman Memorial Hospital case in Texas, with a settlement of $398, 230.56.
In the Toumey case, the CEO agreed to pay $ 1 million and be excluded from federal programs for four years. In Hardeman, the Texas federal court sentenced former CEO Angela Edwards to 2 ½ years in prison and ordered her to pay $370,657 in restitution. If that is not enough to get your attention, consider the recent cases finding that the "responsible corporate officer doctrine" allows the government to hold hospital CEOs and others directly responsible for the fraud.
You will want to attend this webinar to learn how to protect yourself and your organization.
Who Will Benefit
- Hospital executives, particularly CEOs, COOs, CFOs, CNOs, and CMOs
- Physician practice managers
- Other healthcare provider executives
- Attorneys representing hospital, physician and other healthcare providers
William Mack Copeland MS, JD,
PhD, LFACHE, practices health care law in Cincinnati at the firm of
Copeland Law, LLC. He is also president of Executive & Managerial
Development Group, a consulting entity providing compliance and other
fraud and abuse related services. 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. He was awarded the American College of Health Care
Executives Senior-Level Healthcare Executive Regent's Award in 2007.
Time: 08:00 AM PDT | 11:00 AM EDT
- A discussion of the self-referral law (Stark), what it is, what it prohibits, how it is structured, etc
- A general discussion of physician employment and compensation agreements
- A discussion to the Stark exceptions
- A discussion of structuring contracts to meet the Stark exceptions
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