Cutting Edge Defenses to Fight False Claims Act, Stark, Kickback Allegations (2020 Fraud Single Session)

15. Cutting Edge Issues Regarding False Claims Act, Stark, Kickback Allegations (Advanced) (Single Session Taken from the 2020 Fraud and Compliance Forum Program)
David Fuchs
Robert S. Salcido
Benjamin Wei

  • Regarding the FCA, understand statutory duty to remit known overpayments and potential pitfalls when making routine overpayments, which could prejudice the company in a subsequent FCA action
  • In FCA litigation, learn emerging theories of liability and developing defenses that maximize the likelihood that defendant will prevail on the FCA’s falsity, knowledge and materiality elements
  • Regarding the AKS, explore developing theories of liability and new defenses related to fair market value and the requirement that plaintiff link remuneration to claims
  • Regarding Stark law, learn the type of activity FCA plaintiffs target such as when providers measure revenue associated with downstream referrals and when physician compensation does not match productivity
Continuing Education Credits are available for this session. For CLE credits, you can earn 1.0  credit hours on a 60-Min Calculation and 1.2 credit hours on a 50-minute Calculation. For CPE and CCB, you can earn 1.2 credit hours for this session.