The False Claims Act (“FCA”) imposes civil liability on persons and entities that knowingly submit false or fraudulent claims to the government for payment. The recently-enacted Patient Protection and Affordable Care Act (“PPACA”), as well as the Fraud Enforcement and Recovery Act of 2009 (“FERA”), significantly broaden FCA liability, extend the reach of federal civil enforcement, and provide ample ammunition for opportunistic whistleblower allegations. For example, health care providers that routinely submit claims for goods and services provided by third parties could potentially face FCA allegations if those third parties violated the anti-kickback statute, even if the provider had no actual knowledge such claims were tainted by kickbacks. Accordingly, health care providers must carefully tailor compliance programs to minimize litigation risks.

Join us for this educational program with two seasoned fraud and abuse authorities from SNR Denton. Together, the two presenters will examine the new risks and enforcement trends, and offer strategies and tactics for minimizing the new risks by ensuring that your compliance programs are effectively preventing and detecting fraud and abuse and helping to mitigate the consequences should an incident occur.

Key learning points of the session will include:

  • Overview of current enforcement trends impacting hospitals, long-term care providers, DMEs and pharmaceutical manufacturers
  • Examination of increased risks from whistleblowers resulting from changes to the False Claims Act
  • DOJ priorities and the common sources of fraud allegations and cases
  • Recommendations for establishing an effective compliance program, including audit guidelines and steps you can take to reduce the likelihood of allegations and investigations

Who Should Attend

  • CFO, CEO
  • Chief Compliance Officer
  • Chief Risk Officer
  • Director of Regulatory Affairs
  • Legal/Regulatory Counsel
  • VP/Director of Revenue Cycle
  • Physicians and their staffs

About the Presenters

Sean Cenawood, the former Chief of the Civil Frauds Unit in the United States Attorney's Office for the Southern District of New York, is a member of SNR Denton’s Litigation, White Collar & Government Investigations, and Health Care practices. He focuses on government and internal investigations, as well as complex civil litigation. Sean has handled dozens of major investigations and litigations involving hospitals, pharmaceutical manufacturers, physicians, importers, medical device manufacturers and recipients of federal stimulus monies, as well as a variety of other enforcement actions brought by the government.

Gadi Weinreich is the Sector Chair of SNR Denton’s Global Healthcare and Life Sciences Sector Group, and a member of the Firm’s Global Advisory Committee and U.S. Executive Committee. He has been repeatedly recognized by Chambers USA, ExpertGuides, Nightingale’s Health News and The Washington Post for his accomplishments in successfully representing pharmaceutical and medical device manufacturers, hospitals and other providers in connection with fraud cases and investigations. He recently was designated as a “client service all star” in the prestigious 2011 BTI Consulting survey of Fortune 1000 companies.

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