Luncheon Panel: Anti-Kickback Statute
The Anti-Kickback Statute (AKS) and False Claims Act (FCA) are meant to protect patients and federal healthcare programs from fraud and abuse, but are they accomplishing that goal? Some argue that the AKS makes for sound policy as it prevents financial considerations from influencing healthcare providers’ treatment decisions for their patients. Others argue that the statute goes too far and prohibits economically efficient and medically beneficial arrangements that would improve patient care. Beyond the policy debate, practitioners’ views also differ widely regarding the role of economic analysis in the evaluation of liability and damages in AKS matters.
Our panel will bring together legal and economic perspectives to share insights on:
- The law, its goals, and the types of arrangements that come under AKS scrutiny
- Real world examples of the enforcement, prosecution, and defense of AKS matters—both from the perspective of courtroom litigation and conference room settlement negotiations
- Whether economically efficient and medically beneficial arrangements are precluded/penalized
- Alternative policies and whether they would better serve the intended goals of the statute
- The role of economic analysis in assessing liability and damages
Panelists include:
- David Bradford, PhD—Professor, University of Georgia
- David Rosenbloom, JD—Partner, McDermott Will & Emery
- Robert Thomas, Jr., JD—Principal & Founder, Thomas & Associates
- Richard Manning, PhD—Partner, Bates White (moderator)
Location
The Willard InterContinental (Crystal Room)
1401 Pennsylvania Avenue, NW
Washington, DC 20004
Registration
12:00–12:30 p.m.
Panel and lunch
12:30–2:15 p.m.
Registration is complimentary. To RSVP for this event, please email Bates White Events.
