The Impact of the New Stark Law and AKS Final Rules on False Claims Act Cases

Rachel V. Rose, JD, MBA
Rachel V. Rose, JD, MBA | Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career.

On-Demand: January 21, 2021

The Impact of the New Stark Law and AKS Final Rules on False Claims Act Cases
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Program Summary

For attorneys and healthcare industry participants alike, it is critical to note the distinctions between the Stark Law exclusions and the AKS safe harbors, including how Value Based Enterprise (VBE) participants are impacted. Despite the over 1600 pages of text in these Final Rules, which include changes to AKS safe harbors and Stark Law exclusions, there are still ways that persons can be held accountable under the False Claims Act. One key case, Greber, is just as relevant now as it was before the Final Rules were released. This is Part II of the two-part series and participants should come away with an understanding of the key aspects which can lead to False Claims Act liability, as well as ways defense counsel and compliance officers can mitigate the risk of false and fraudulent claims from being submitted in light of the new Final Rules.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • False Claims Act
  • False and Fraudulent claims
  • New AKS Final Rule and Stark Law Final Rule
  • Greber “One Purpose Test”

Date / Time: January 21, 2021

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request

Speakers

Rachel V. Rose_myLawCLERachel V. Rose, JD, MBA | Principal with Rachel V. Rose – Attorney at Law, P.L.L.C. (Houston, TX)

Ms. Rose has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. Her practice focuses on a variety of cybersecurity, health care and securities law issues related to industry compliance and transactional work, as well as representing plaintiffs in Dodd-Frank/False Claims Act whistleblower claims.

In addition to being extensively published and a sought-after presenter and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, and a law degree from Stetson University College of Law, where she graduated with various honors, including the National Scribes Award and The William F. Blews Pro Bono Service Award.

Ms. Rose is licensed in Texas and is a Fellow of the Federal Bar Association. Currently, she is the Chair of the Federal Bar Association’s Government Relations Committee, the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the books The ABCs of ACOs and What Are International Business Considerations? She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25 and Houstonia Magazine’s Top Lawyers for healthcare. In 2019, she was also named to the National Trial Lawyers Association’s Top 100, as well as 1st Healthcare Compliance’s 2019 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics. See www.rvrose.com for additional information.

Agenda

I. Course overview and recent headlines | 2:00-2:15
II. Commonalities between the language of the two Final Rules | 2:15-2:30
III. AKS Final Rule specifics | 2:30-2:45
IV. Stark Law Final Rule specifics | 2:45-3:00
V. The False Claims Act and the impact of the new Final Rules on false and fraudulent claims | 3:00-3:15
VI. The Greber “one purpose test” | 3:15-3:30
VII. Risk Mitigation | 3:30-3:45
VIII. Conclusion and Questions | 3:45-4:00