Because the Anti-Kickback Statute is so broad it what it proscribes, healthcare organizations, conducting what would be normal marketing activities in other industries, have run afoul of the Statute on numerous occasions.  The Statute and the regulations only tell part of the story.  This program will review not only the Statute and its safe harbors but will provide an in-depth overview of OIG guidance and advisory opinions dealing with marketing activities, as well as a review of case law regarding marketing behavior.

If your organization, be it a hospital, physician practice, DME provider, or any other provider offering healthcare services or supplies, engages in marketing its product or services, care must be taken to ensure that the organization does not run afoul of the Anti-Kickback Statute. When you finish this program, you should have a good understanding of what you can and cannot do with regard to healthcare marketing activities.  The penalties for not conducting a marketing program correctly can be severe, including exclusion, civil monetary penalties and even criminal prosecution.

Areas Covered In The Session:

  • Overview of the Anti-Kickback Statute, what it is and what is prohibited.
  • Review of the safe harbors that relate to marketing activities.
  • OIG advisory opinions as they relate to marketing.
  • OIG compliance guidance as it relates to marketing.
  • An overview of case law relating to marketing activities.
  • Strategies that should be taken to preclude liability.
  • Q&A session

Learning Objectives:

  • To provide better understanding of the federal Anti-Kickback Statute and its broad reach
  • Give the attendees the tools necessary to protect themselves and their organizations from federal and state enforcement efforts under the Statute
  • To discuss the implications of the Statute to healthcare marketing
  • The OIG guidance and advisory review dealing with marketing activities
  • Can and Cannot do activities in healthcare marketing

Who Should Attend:

  • Hospital Executives
  • Physicians, including Dentists, Podiatrists and Chiropractors
  • Medical Staff Officers
  • DME Provider Executives
  • Ancillary service providers
  • Ancillary service provider executives
  • Compliance Officers
  • Attorneys representing all of the above

About The Speaker:

William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC.  He is also serves as hearing officer in medical staff disciplinary proceedings.  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.