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.
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.
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.
William Mack Copeland
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 …
The Perfect Storm Coming to Healthcare: Value Based Care Me…
Copilot and HR: An Introduction for HR Professionals
Thriving in a Hybrid Workplace: Keys to Leadership and Team…
Managing Difficult Employee Conversations
Tattoos, hijabs, piercings, and pink hair: The challenges …
Handbook Overhaul 2026: Compliance, OBBB Act & Beyond
Practice Safe Stress ™: Preventing Burnout While Building R…
ChatGPT and Project Management: Leveraging AI for Project M…
I-9 Audits: Strengthening Your Immigration Compliance Strat…
AI, Jobs, and Skills: How HR Leaders Can Prepare Now for th…
The Age-Inclusive Workplace: How to Lead and Work Across Ge…
Rewiring Your Emotional Triggers: Leading with Clarity and …
Writing Effective Job Descriptions
Pivot tables beginner to advanced + 20 advanced Pivot table…
HR Metrics and Analytics 2026- Update on Strategic Planning…
High-Impact Performance Management: Tools, Tactics & Coachi…
Validation Statistics for Non-Statisticians
Batch Record Review and Product Release
Human Factors Usability Studies Following ISO 62366 and FDA…
Fire Without Fear: How to Legally Terminate an Employee
Best Practices for FDA Computer System Audit Preparation in…
FDA Regulation of Artificial Intelligence/ Machine Learning
Empowering Conflict Resolution: Letting Go to Gain Control
The Importance of the first 5 seconds when presenting
Burnout to Fired-up : Recognizing and Preventing Burnout in…
Do's and Don'ts of Giving Effective Feedback for Performanc…
Managing Toxic & Other Employees Who Have Attitude Issues
Reduce Stress in the Workplace: Effective Ways to Handle Co…
Better Mind, Better Life: Unlocking Your Full Potential
2-Hour Virtual Seminar on the 6 Most Common Problems in FDA…
Why EBITDA Doesn't Spell Cash Flow and What Does?
Fostering a Culture of Respect: Eliminating Gossip, Rumour…
Human Error Trends as AI Enters GMP Operations: What QA Lea…