Topic: Recent Efforts to Modernize the Stark Law, Anti-Kickback Statute and Beneficiary Inducement CMPs for Value-Based Care
Possible reform of the healthcare regulatory framework is on the horizon. Join our panel of legal and industry experts on this November 29, 2018 webinar for a discussion of recent solicitations by CMS and HHS OIG for suggested modifications to the Stark Law, Anti-Kickback Statute and Beneficiary Inducement CMPL to foster a system of value-based care and care coordination. Our experts will discuss the recent requests for information (“RFIs”) from CMS and HHS OIG and related legislative efforts focusing on: (i) regulatory areas identified in the RFIs, (ii) industry proposals to modernize the Stark Law, the Anti-Kickback Statute and Beneficiary Inducement CMPL and (iii) practical impact of proposed developments in the legal framework.
State Health Care Fraud Law: An AHLA 50-State Survey with Summaries and Links
This 50-State Survey summarizes the fraud and abuse statutes, regulations, and other pertinent authorities for each state. Most states have specific laws and regulations on these subjects, and while many are similar and often borrow from federal authorities, each state uses its own terminology and thresholds for governmental oversight. The 700-page survey aims to simplify the process of legal research and serve as a primer for those new to fraud law. A summary of laws and regulations are provided in the following general categories (with some states including additional categories):
Anti-Kickback
Prohibitions on Self-Referral
False Claims & Fraud and Abuse
General Whistleblower Protections
Anti-Rebate & Fee Splitting
Helpful Links
This update provides direct links to each of the statutes and regulations identified for each state. The “Helpful Links” section at the end of each summary includes direct links to websites that the user may find helpful when researching the fraud laws of a particular jurisdiction.
AHLA expresses sincere gratitude to the attorneys and law firms who have compiled the information in this survey. They are identified within the summary for each jurisdiction.
Members of the Fraud and Abuse Practice Group have online access to state summaries at no charge here. To join, call (202) 833-1100 and select menu option 2 for Membership Services.
Includes a Live Event on 11/15/2018 at 2:00 PM (EST)
The Tax Cuts and Jobs Act eliminated the ability of governmental and nonprofit healthcare organizations to advance refund outstanding tax-exempt debt on a tax-exempt basis. As a result of this loss, healthcare organizations are having to consider various alternatives. This webinar will provide an overview of those alternatives, as well as a discussion of the pros and cons of each.
The Tax Cuts and Jobs Act eliminated the ability of governmental and nonprofit healthcare organizations to advance refund outstanding tax-exempt debt on a tax-exempt basis. As a result of this loss, healthcare organizations are having to consider various alternatives. This webinar will provide an overview of those alternatives, as well as a discussion of the pros and cons of each.
Includes a Live Event on 11/14/2018 at 11:00 AM (EST)
Update on State and Local Tax Issues: How South Dakota v. Wayfair Impacts Healthcare Organizations
Time: 11:00AM - 12:00PM Eastern (60 minutes) Format: Educational Call Topic: Update on State and Local Tax Issues: How South Dakota v. Wayfair Impacts Healthcare Organizations
On June 21, 2018, the US Supreme Court decided what is arguably the most consequential state tax cases in several decades, South Dakota v. Wayfair, Inc., et al., No. 17-494 (June 21, 2018). In this decision, the Court overruled is prior bright-line standard, which protected sellers who did not have a physical presence in a state from collecting and remitting sales and use tax on sales made to consumers in the state. While the case directly impacts the sales and use tax posture of healthcare organizations (hospitals, health systems, etc.) and their service providers and suppliers, the case is also likely to affect their state and local income and franchise tax posture as well.
Includes a Live Event on 11/06/2018 at 2:00 PM (EST)
This webinar will explore the importance of indemnification as a risk allocation tool in private company health care transactions, certain nuances of an indemnification construct, and the transformative potential of representation and warranty insurance for a health care transaction.
This webinar will explore the importance of indemnification as a risk allocation tool in private company health care transactions, certain nuances of an indemnification construct, and the transformative potential of representation and warranty insurance for a health care transaction.
Indemnification in Health Care Contracting, Third Edition
This third edition of Indemnification in Health Care Contracting analyses in depth the nature of indemnity as used in the health care industry, the choices to be made when drafting a contract, and the potential implications for the contracting parties’ liability to each other and to third parties. Although indemnification clauses are commonly included in health care contracts, they can be particularly troublesome in the managed-care and service contract settings.
Coverage Includes—
An overview of the various types of risk that may be covered by an indemnification clause
The features and differences between common-law contribution and equitable indemnity, and the case law
The use of indemnification clauses as a risk-shifting mechanism
Insurance coverage for the assumed risk, and various clauses from different parties’ perspectives
Identification of the key questions that an attorney should consider when determining if an indemnification clause should be included
A useful checklist to assist in the development and negotiation of indemnification clauses as well as sample clauses
Includes a Live Event on 11/02/2018 at 12:00 PM (EDT)
For our members who missed the luncheon at the Fraud and Compliance Forum, officials from CMS and OIG will discuss HHS' new initiative focused on removing regulatory barriers to coordinated care and value-based care, including the Stark Law, the Anti-Kickback Statute, and the Beneficiary Inducement Statute.
Time: 12:00-1:00 PM Eastern (60 minutes) Format: Educational Call Topic: HHS’ Regulatory Sprint to Coordinated Care
For our members who missed the luncheon at the Fraud and Compliance Forum, officials from CMS and OIG will discuss HHS' new initiative focused on removing regulatory barriers to coordinated care and value-based care, including the Stark Law, the Anti-Kickback Statute, and the Beneficiary Inducement Statute.
Topic: Medicare certification issues in co-locating provider-based hospital outpatient clinics with freestanding clinics.
In the past few years, the rules and enforcement activities surrounding co-location of hospital outpatient provider-based departments (“HOPDs”) with other providers and suppliers have been evolving. This webinar will provide an overview of the current state of affairs regarding HOPD co-location and an overview of important updates to CMS’ guidance on this topic. Hospital executives and in-house and outside counsel representing hospitals are encouraged to attend.
Part IV of the AHLA Telemedicine Series will provide an overview of the use of telemedicine equipment and arrangements to provide non-face-to-face services including remote patient monitoring (RPM), chronic care management (CCM), and transitional care management (TCM). As part of this overview, the presenters will provide insights into the following subtopics: 1) innovative business models and trends that use telemedicine technologies to provide RPM, CCM, and TCM services, 2) reimbursement for non-face-to-face services, and 3) fraud and abuse laws and regulations to take into consideration when developing and evaluating non-face-to-face telemedicine models.
Telehealth Law Handbook: A Practical Guide to Virtual Care
Telehealth Law Handbook: A Practical Guide to Virtual Care will help you navigate the highly dynamic and state-law dependent practice of telehealth. Telehealth is changing relationships not only between physicians and patients, but also among providers, and between providers and payers. As state and federal legislators and regulators take note of these changed relationships, the law is changing as well.
The reader will find information on:
telemedicine licensure requirements in all 50 states;
types of state licensure, exceptions, and how licensure laws apply in particular practice situations;
telehealth regulatory requirements;
telehealth practice and communication models;
payment and reimbursement considerations, including telehealth payment and reimbursement rules under Medicare and Medicaid programs;
emerging state laws known as telehealth commercial insurance and payment parity statutes;
medical staff credentialing;
ethics and liability issues;
fraud and abuse compliance;
corporate practice of medicine prohibitions;
privacy and security issues; and
mobile health technology.
This book examines how the law impacts all manner of telehealth relationships. We trust you will find this book useful in developing your understanding of the complex rules surrounding this method of health care delivery.
10% off coupon code provided in your registration confirmation email.
Digital Health is a highly dynamic ecosystem of technological innovation with profound effects on all facets of health care. The key components of today’s Digital Health are:
Electronic health records and other health information technology;
Big data and data analytics;
Telemedicine;
Mobile personal engagement tools.
This book explains how, taken together, these developments transform the provider-patient relationship, change the way research is conducted, trigger privacy and security concerns, alter relationships with health plans, and give rise to a new generation of innovation. Digital Health participants face an outdated and ambiguous legal and regulatory framework and enforcement by state and federal regulatory agencies, including:
State attorneys general;
State licensure and accreditation agencies;
Food and Drug Administration; Federal Trade Commission;
Federal Communications Commission;
Department of Health and Human Services’ Offices of Civil Rights, Human Research Protection, and Inspector General—among others.
This book provides both the fundamental understanding and tactical foresight you need to develop a comprehensive Digital Health strategy.
10% off coupon code provided in your registration confirmation email.
