Because the Anti-Kickback Statute is so broad in 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.
This program will discuss the Federal Anti-Kickback Statute, what it prohibits, its penalties, its scope, and its exceptions. It will also discuss how the Medicare and Medicaid Patient and Program Protection Act of 1987 changed the Act and how it is administered. It will also discuss how the 1987 Act added protections for entities covered by the AKS.
The program will also review guidance from the Department of Health and Human Services Office of the Inspector General as well as case law interpreting the AKS. In addition, we will also provide recommendations regarding how organizations should conduct marketing activities.
WHY SHOULD YOU ATTEND?
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. This program will review not only the Statute itself, and the safe harbors, but will also critique the case law, OIG advisory opinions, and OIG compliance guidance to help you understand what you can and cannot do with engaging in healthcare marketing.
When you finish this program, you should have a good understanding of what you can and cannot do about marketing activities. The penalties for not conducting a marketing program correctly can be severe, including exclusion, civil monetary penalties, and even criminal prosecution.
AREA COVERED
- An understanding of the Federal False Claims Act.
- An understanding of the Federal Anti-Kickback Statute.
- How the OIG deals with potential violations.
- Understand how the Medicare and Medicaid Patient and Program Protection Act of 1987 affects marketing activities.
- Understand how the courts deal with potential violations.
- Learn how you can conduct compliant marketing activities.
LEARNING OBJECTIVES
- Federal Anti-Kickback Statute
- Anti-Kickback Statute
- OIG guidance and advisory opinions
- Medicare and Medicaid Patient and Program Protection Act of 1987
- Case law interpreting the AKS
- Recommendations regarding how organizations should conduct marketing activities.
WHO WILL BENEFIT?
- Hospital executives
- Physicians, including dentists, podiatrists and chiropractors
- Physician practice executives
- DME provider executives
- Ancillary service providers
- Ancillary service provider executives. And
- Attorneys representing any of the above.
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. This program will review not only the Statute itself, and the safe harbors, but will also critique the case law, OIG advisory opinions, and OIG compliance guidance to help you understand what you can and cannot do with engaging in healthcare marketing.
When you finish this program, you should have a good understanding of what you can and cannot do about marketing activities. The penalties for not conducting a marketing program correctly can be severe, including exclusion, civil monetary penalties, and even criminal prosecution.
- An understanding of the Federal False Claims Act.
- An understanding of the Federal Anti-Kickback Statute.
- How the OIG deals with potential violations.
- Understand how the Medicare and Medicaid Patient and Program Protection Act of 1987 affects marketing activities.
- Understand how the courts deal with potential violations.
- Learn how you can conduct compliant marketing activities.
- Federal Anti-Kickback Statute
- Anti-Kickback Statute
- OIG guidance and advisory opinions
- Medicare and Medicaid Patient and Program Protection Act of 1987
- Case law interpreting the AKS
- Recommendations regarding how organizations should conduct marketing activities.
- Hospital executives
- Physicians, including dentists, podiatrists and chiropractors
- Physician practice executives
- DME provider executives
- Ancillary service providers
- Ancillary service provider executives. And
- Attorneys representing any of the above.
Speaker Profile

William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is president and CEO. He is also president of Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he is a life fellow in the …
Upcoming Webinars

Leverage AI & ChatGPT for Talent Acquisition: Best Practice…

Gossip-Free: Leadership Techniques to Quell Office Chatter

Female to Female Hostility @Workplace: All you Need to Know


Harassment, Bullying, Gossip, Confrontational and Disruptiv…

Leadership: Strategic Planning and Decision Making

4-Hour Virtual Seminar on Transformational Leadership - The…




Workplace Investigations 101: How to Conduct your Investiga…

Copilot and HR: An Introduction for HR Professionals

Negotiating Skills For Professional Results - Winning Strat…

Managing Toxic Employees: Strategies For Leaders To Effecti…

2-Hour Virtual Seminar on the 6 Most Common Problems in FDA…

Managing Complex Projects - Project Management


Excel Power Skills: Master Functions, Formulas, and Macros …


Ultimate Persuasion Strategies! - Secret Influence Tools & …

Utilizing HR Metrics to Illustrate & Improve Human Resource…

Do's and Don'ts of Giving Effective Feedback for Performanc…

2-Hour Virtual Seminar on How to Conduct an Internal Harass…

Excel - Pivot Tables - The Key To Modern Data Analysis and …


Using High-Performance Coaching for Managers to Address Per…

Do's and Don'ts of Documenting Employee Behaviour, Performa…

Understanding Artificial Intelligence (AI) & using Chat GPT



The Importance of the first 5 seconds when presenting

Project Management for administrative professionals

Employee Handbooks: 2025 Critical Issues