Distance Learning

False Claims Act, Known Overpayments, Kickbacks and Stark: The Next Wave of FCA Actions - On Demand Recording

Recorded On: 04/30/2018

Time: 90 minutes
Session Format: On Demand Recording

The False Claims Act (FCA) is the federal government's primary weapon to combat allegations of fraud and abuse in its programs.  Over the past year, significant new trends have emerged regarding FCA enforcement and risk, such as how circuit courts have applied the Supreme Court's ruling in Escobar, how courts are construing what constitutes a known overpayment that must be remitted to the government, and when violations of the Anti-Kickback law and Stark law can constitute a violation of the FCA.  Also, the government's enforcement activities may shift as a result of the Department of Justice's recent Brand and Granston memos.

Our expert panel will address these and other emerging FCA developments.  This is an intermediate program intended for lawyers and compliance professionals who defend FCA actions or investigate whether an FCA violation has occurred.

Topics to be address would include trending FCA issues that a significant portion of AHLA's community would have an interest, such as how the FCA's materiality standard is evolving in light of the Supreme Court's ruling in Escobar and what opportunities are presented to defendants in light of the Court's ruling?; how FCA cases involving application of the Anti-Kickback law and Stark law are trending?; what courts are saying about FCA actions alleging a lack of medical necessity, or other issues turning on an application of clinical judgment?; and how are courts applying the 60-day overpayment rule in FCA actions?

Level of Difficulty: Intermediate

Intermediate-level programs generally offer focused discussions regarding common legal issues pertaining to the program topic. Intermediate programs include legal updates and changes in the law. Speakers will assume the audience has a working knowledge of this specialty of health law, and there will be limited review of the fundamentals. This program is designed to provide a targeted, comprehensive analysis of the subject matter for those practicing law in this specialty for three to seven years and/or those whose practice is periodically focused in the covered subject area. 

  • AHLA Member: $145
  • Non-AHLA Member: $275

Sponsoring AHLA Group:

  • Fraud and Abuse Practice Group 

Eva Gunasekera

Counsel

Finch McCranie LLP
Washington, DC
Bio

Robert S. Salcido (Moderator)

Partner

Akin Gump Strauss Hauer & Feld LLP
Washington, DC
Bio

On-Demand+CLE Webinars

On-Demand+CLE webinars are eligible for Continuing Legal Education (CLE) credit and are approved in every state with mandatory CLE requirements for attorneys unless otherwise specified. Please refer to the Distance Learning CLE State Chart for details regarding specific state guidelines.

On-Demand Webinars

Offerings designated as “On-Demand" differ from those designated as “On-Demand+CLE" in that they are CLE-ineligible. However, CLE credit may be obtained by applying directly to the attorney's state accrediting body, but approval is not guaranteed and is at the discretion of said accrediting body and subject to its rules and regulations. Please refer to the Distance Learning CLE State for details regarding specific state guidelines.

Other, Non-CLE Credits

AHLA On-Demand+CLE webinars are only approved for CLE credits unless otherwise stated. To obtain other credit types (Continuing Professional Education, Compliance Certification Board, Nursing Home Administrator, etc.) participants may apply directly their desired licensing body, but approval is not guaranteed and is at the discretion of said licensing body and subject to its rules and regulations.

For additional information about Distance Learning-related credits, please email the Practice Groups staff at dl@healthlawyers.org.

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