Legal Aspects of Marketing: Advantages, Consequences and How PPACA has Impacted the Rules

Wednesday, April 29, 2015: 1:30 PM-4:30 PM
National Harbor 5 (Gaylord National Resort and Convention Center) - 3rd Level
Primary Presenter:
Connie A. Raffa, JD, LLM , Arent Fox LLP, New York, NY
Questions impacting what a hospice can and cannot do as part of their marketing activities are hot topics.  Issues impact bonus payments to marketers, steering by discharge planners, intake coordination activities that cross the line, questionable hospice nursing home relationships, ownership of hospices and palliaitve care  programs by physician, and other compliance matters.   The Affordable Care Act amends the definition of “remuneration” under the Civil Money Penalties laws to exclude certain “charitable and innocuous programs.” This significant change will impact OIG Advisory Opinions on what constitutes a kickback, and will permit certain marketing activities that in the past were questionable. Why is marketing  a legal issue? Can it help or hurt?  Answers lie in OIG guidance, advisory opinions, work plans, fraud alerts, bulletins, anti-kickback safe harbors and compliance plans.

Learning Objectives:
1. Identify marketing practices that are OIG compliance risk areas and/or cost report issues
2. Identify who is policing illegal marketing practices and sanctions that can be imposed
3. Describe good marketing practices, compliance strategies and where to get help
  • Compliance Plan.pdf (24.1 kB)
  • Compliance Tool.pdf (24.7 kB)
  • Discharge Planning Issues in Hospitals.pdf (38.3 kB)
  • Hospice Risk Areas.pdf (51.3 kB)

  • CE/CME: Nurse, Physician and Social Worker
    See more of: 60-minute session