OIG and CMS Voluntary Self Disclosures: Risks and Rewards of Self-Reporting
Leveraging Tools for Resolving Stark Law or Anti-Kickback Statute Violations

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Wednesday, March 10, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide healthcare counsel on the OIG's Self-Disclosure Protocol (SDP) and settlements under CMS' Self-Referral Disclosure Protocol (SRDP). The panel will also outline guidance for evaluating the risks and rewards of disclosing potential violations.
Faculty

Mr. Cohen is Senior Vice President for Health Policy at Curi, a company committed to supporting physicians in medicine, business, and life. He uses his health policy knowledge and his background as a health care attorney to help physicians and medical practices navigate the opportunities and risks presented by the many changes to the health care environment. He also serves as an in-house educational resource at Curi on a wide range of projects and internal initiatives.

Ms. Downs’ commanding knowledge of the False Claims Act, Anti-Kickback Statute, and Stark Law safeguards healthcare clients’ products, services, and ensures operational success. Clients, which range from providers to device manufacturers and ambulatory centers, depend on her in-depth understanding of the fraud and abuse laws and what triggers government authorities to take exception. As regulatory counsel, Ms. Downs aligns clients’ risk tolerance with commercial opportunities to create a path forward. As value-based care expands, she is preparing clients to meet related challenges on fraud and abuse laws and the interactions by and between healthcare referral sources.
Description
Counsel to healthcare providers must understand these and other potential tools for resolving Stark Law or Anti-Kickback Statute violations, with each pathway presenting its own advantages and disadvantages.
Listen as our authoritative panel of healthcare attorneys explains the pros, cons, and procedural steps for disclosing under OIG's SDP or CMS' SRDP. The panel will discuss effective approaches for evaluating whether to self-report violations and for achieving favorable outcomes.
Outline
- CMS Self-Referral Disclosure Protocol(s)
- OIG Self-Disclosure Protocol
- SRDP vs. SDP
- Best practices for self-disclosure
- Are there alternatives to self-disclosure?
- When to disclose and to whom?
- Potential risks of making a self-disclosure
- Preserving privileged communications
Benefits
The panel will review these and other key issues:
- What factors should healthcare providers consider when determining whether and when a potential Stark law or AKS violation should be disclosed?
- Which vehicle should healthcare providers use when making a self-disclosure--SDP vs. SRDP?
- What are best practices for healthcare providers and their counsel when preparing the SDP or SRDP disclosure submission?
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