Health Care Fraud and Abuse Laws: What In-house Counsel Need to Know and How to Respond to an Investigation

Changes in the health care delivery and payment system are underway to “bend the cost curve” and improve patient outcomes. However, the legal and compliance risks to any entity offering services or products paid for or reimbursed with government dollars have not abated.

Our speakers will provide a brief overview of the applicable fraud and abuse statutes, including the Anti-Kickback Statute, the Stark Law, the False Claims Act and HIPAA, and then discuss how in-house counsel can prepare for these risks, including:

• practical insights into how these laws might impact business practices and day-to-day operations, and critical components of an effective compliance program designed to proactively mitigate such risks 
• the federal government’s recent regulatory initiatives to remove barriers under existing fraud and abuse laws to the exchange of data and level of collaboration needed to effectively coordinate health care, and how these measures if adopted could impact an organization’s business practices 
• what to do if your company is subpoenaed or otherwise becomes ensnared in a fraud and abuse investigation or enforcement action, the costs of responding, including E-Discovery, and how you can protect your company’s rights and minimize disruptions