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Paula Sanders Discusses Civil Money Penalties and Anti-Kickback Law with Report on Medicare Compliance

In a May 2, 2016, article in Report on Medicare Compliance, Health Care Co-Chair Paula G. Sanders weighs in on a recent civil money penalty (CMP) paid by a health system that resulted from "allegations it accepted free discharge planning services from four home health agencies. The HHS Office of Inspector General (OIG) alleged the conduct violated CMP law provisions related to the anti-kickback law."

In commenting on the agreement, Ms, Sanders notes that "The message OIG has been sending — that providers with effective compliance programs greatly reduce their exclusion risk by coming forward with potential violations — was reinforced in its new guidance on permissive exclusions"

She also notes: 

“As we start looking at more of these attempts to build networks and affiliations where hospitals want to be able to track the condition of their patient as they are being discharged, this points to the risks of not dotting i’s and crossing t’s. If they are entering relationships and receiving services, they have to still comply with Stark and the anti-kickback laws.”