On Demand Only Session

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On Demand Only Sessions

The sessions below will be available on demand beginning September 24. All program registrants will be able watch these sessions on your time prior to the program.

I. Anti-Kickback Statute/Stark/CMP (Primer)
Joan Dailey
Amy Hooper Kearbey
David E. Thiess

  • High level introduction to the nuts and bolts of the Stark Law, Federal Anti-Kick­back statute, and beneficiary inducement pro­visions of the CMP
  • Relationship between Stark, AKS and the False Claims Act
  • Fraud and abuse law waivers
  • Practical tips for analyzing financial arrangements

II. A Primer on DOJ’s Main Civil Enforcement Tool: The False Claims Act (Primer)
Michael S. Macko
Zane D. Memeger

  • Elements of False Claims Act (FCA) liability
  • FCA qui tam provisions and procedural bars
  • Anti-Kickback Statute (AKS) and Stark FCA liability
  • “Reverse False Claim” liability
  • Recent Developments and Enforcement Trends in FCA Law

 III. Managed Care: An Emerging Area for Fraud and Compliance Scrutiny (Primer)
Anthony H. Choe
David E. Kopans

  • The financial and other relationships under managed care that implicate fraud and compliance concerns
  • Key features of Medicare, Medicaid and other government program managed care programs that invite risk for providers
  • Recent developments and the potential outlook ahead

IV. Privacy and Security Nuts and Bolts (Primer)
Serena Mosley-Day
Nesrin Tift

  • Who are covered entities and business associates under HIPAA
  • The Privacy, Security, and Breach Notification Rules
  • The Privacy Rule’s limits on uses and disclosures, individual privacy rights, and administrative requirements
  • The Security Rule’s requirements for administrative, physical, and technical safeguards
  • The Breach Notification Rule
  • HIPAA and COVID-19
  • Recent Enforcement Actions

V. Rapid Evolution: Fair Market Value in the COVID Era and Beyond
Luis A. Argueso
Jennifer E. Michael

Learning Objectives:

  • Various fraud and abuse issues that have fair market value (FMV) implications that have commonly arisen in during the COVID-19 public health emergency
  • How clients can work with attorneys and valuators to understand the long-term consequences of arrangements and transactions with FMV implications and mitigate regulatory risks
  • Case studies of common pandemic related scenarios that require both attorney and valuator collaboration

Content Summary:

  • OIG FAQs related to public health emergency
  • Common hypothetical scenarios attorneys may come across involving intersection of legal and valuation teams
  • General valuation principles to follow to ensure consistency with market-based norms during the public health emergency
  • Pitfalls to avoid in contraction/transaction process