2021 Enforcement Outlook.
The Mintz Levin https://www.mintz.com/ law firm is an excellent source of updates on business law. I subscribe to several of their newsletters and regularly attend their continuing legal education webinars.
Mintz just released their Health Care Enforcement 2020 Year in Review & 2021 Outlook
I recommend it to anyone who is responsible for their organization’s health care regulatory implementation or compliance.
OIG’s Special Fraud Alert on Speaker Programs.
Page 18 of the report highlights a special focus that the Office of Inspector General of the Department of Health and Human Services will have this year regarding “Speaker Programs” and the potential for violations of the federal Anti-Kickback Statute (AKS).
From the report:
“The OIG issued a Special Fraud Alert concerning in-person educational programs for health care professionals (HCPs), known as “speaker programs.” In OIG’s first Special Fraud Alert in six years, OIG warned that parties involved in speaker programs may be subject to “increased scrutiny” under the federal AKS. In-person speaker programs have been a long-standing area of health care fraud enforcement.
The OIG expressed skepticism about the educational value of in-person speaker programs and even went a step further by questioning whether any speaker program arrangement is permissible. The concern is that one purpose of any speaker program is to induce HCPs to refer or prescribe their product in violation of the AKS by offering speakers and attendees remuneration that could “skew their clinical decision making.”
On a related note, I had the privilege on February 10, 2021 of giving an online presentation to the Idaho Health Care Association. The program was titled: Tips for complying with healthcare and OSHA regulations in an environment where the regulators are still figuring it out.
I have permission from the IHCA to share copies of the PowerPoint presentation. Please send an email if you would like a copy: firstname.lastname@example.org
Please note: the above post contains educational information. It is not intended as legal advice. Engage an attorney who is licensed in your state to get advice on dealing with any specific legal issue.
© 2021 Michael S. Oswald