Program Details
2026-11-30 14:30:00
Over 1,000+ webinars
Course Overview
2026-11-30 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session examines how the DOJ’s theory in United States ex rel. Sullivan v. Erlanger Western Carolina Hospital converts a hospital’s own fair market value documentation—opinions, referral pro formas, consultant warnings, and compensation spreadsheets—into affirmative evidence of scienter under the False Claims Act. Attendees will learn the five specific mechanisms through which an FMV file becomes a liability, the doctrinal role of SuperValu’s subjective-knowledge standard, and the documentation failures most likely to survive a motion to dismiss. Attorneys will leave with a working framework for auditing existing FMV files for scienter risk before litigation or government inquiry begins.
Noam B. Fischman 3:40 pm - 4:40 pm ESTThis session examines how hospitals and health systems structure and document employed-physician compensation, so the embedded subsidy is defensible as commercially reasonable—not merely fair-market-value compliant—under the Stark Law, Anti-Kickback Statute, and False Claims Act. Attendees will learn what the OIG’s April 23, 2026, FAQ update means when it confirms that fair market value alone does not resolve Anti-Kickback risk, how to design each compensation component—base salary, productivity incentives, administrative stipends, and quality metrics—to withstand scrutiny, and how stacked arrangements combining employment, medical directorships, and call coverage create exposure. Attorneys will leave with a framework for documenting legitimate business purposes hired and at each annual review, so the compensation file reads as commercially reasonable before anyone asks.
Charles B. OppenheimMichael ShimadaNoam B. Fischman co-leads Akerman’s Healthcare Litigation team from Washington, D.C., where he helps hospitals, behavioral health centers, ambulance companies, skilled nursing facilities, pharmaceutical and life sciences companies, and healthcare vendors manage risk from fraud and alleged false claims. He has written repeatedly on the False Claims Act’s knowledge standard, including “SafeCo No More: The Changing Landscape of Scienter under the False Claims Act” in June 2023 and “Mind Games: SCOTUS to Rule on what ‘Knowing’ Means under the False Claims Act” in January 2023, and co-authored Akerman’s January 2026 review of False Claims Act enforcement trends for fiscal year 2025. His healthcare practice spans more than 25 years.
Charles B. Oppenheim is a Partner at Hooper, Lundy & Bookman in Los Angeles and San Francisco whose practice centers on the Stark Law and federal anti-kickback law, fraud and abuse counseling, hospital-physician integration, and value-based arrangements. He co-authored the American Health Law Association’s monograph on the Stark Law, first written in 1998 and now in its eighth edition for 2026, and his work on the statute was cited by the Fourth Circuit Court of Appeals in United States ex rel. Drakeford v. Tuomey in 2015. He has been ranked by Chambers USA as a top California health care attorney every year since 2010.
Michael Shimada is an Associate in the San Francisco office of Hooper, Lundy & Bookman who advises hospitals and health systems, physician groups, medical foundations, ambulatory surgery centers, and public health agencies on business transactions and regulatory compliance, including healthcare fraud and abuse laws, the corporate practice of medicine, and licensing. His transactional work includes the employment, professional services, and restrictive covenant agreements through which providers are engaged and compensated. During law school he served as a legal extern in the Civil Fraud Unit of the U.S. Attorney’s Office for the Central District of California.
Noam B. Fischman co-leads Akerman’s Healthcare Litigation team from Washington, D.C., where he helps hospitals, behavioral health centers, ambulance companies, skilled nursing facilities, pharmaceutical and life sciences companies, and healthcare vendors manage risk from fraud and alleged false claims. He has written repeatedly on the False Claims Act’s knowledge standard, including “SafeCo No More: The Changing Landscape of Scienter under the False Claims Act” in June 2023 and “Mind Games: SCOTUS to Rule on what ‘Knowing’ Means under the False Claims Act” in January 2023, and co-authored Akerman’s January 2026 review of False Claims Act enforcement trends for fiscal year 2025. His healthcare practice spans more than 25 years.
Charles B. Oppenheim is a Partner at Hooper, Lundy & Bookman in Los Angeles and San Francisco whose practice centers on the Stark Law and federal anti-kickback law, fraud and abuse counseling, hospital-physician integration, and value-based arrangements. He co-authored the American Health Law Association’s monograph on the Stark Law, first written in 1998 and now in its eighth edition for 2026, and his work on the statute was cited by the Fourth Circuit Court of Appeals in United States ex rel. Drakeford v. Tuomey in 2015. He has been ranked by Chambers USA as a top California health care attorney every year since 2010.
Michael Shimada is an Associate in the San Francisco office of Hooper, Lundy & Bookman who advises hospitals and health systems, physician groups, medical foundations, ambulatory surgery centers, and public health agencies on business transactions and regulatory compliance, including healthcare fraud and abuse laws, the corporate practice of medicine, and licensing. His transactional work includes the employment, professional services, and restrictive covenant agreements through which providers are engaged and compensated. During law school he served as a legal extern in the Civil Fraud Unit of the U.S. Attorney’s Office for the Central District of California.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
