Bass, Berry & Sims attorney Jennifer Michael joined the latest Speaking of Health Law podcast hosted by the American Health Law Association (AHLA) to discuss how healthcare companies can navigate healthcare fraud and abuse laws related to value-based arrangements. During the podcast, Jennifer and her co-host Tony Maida, partner at McDermott, Will & Emery, provided a preview of the topics they will cover at the upcoming AHLA Fraud and Compliance Forum. Jennifer and Tony will be joined at the Forum by Tiana Korley, Senior Counsel, Office of the Inspector General, U.S. Department of Health and Human Service.

On the podcast, Jennifer pointed out that while historically the Office of Inspector General (OIG) has had specific types of arrangements in mind when promulgating safe harbors, with the value-based safe harbors OIG was “trying to…promote flexibility and protect arrangements …that were novel” and not yet in use.

Jennifer said the session at the AHLA Forum is timely as she’s “seen a very large uptick in client interest in applying these safe harbors or entering into arrangements where an entity is assuming some level of financial risk … I am seeing a lot of interest in the substantial downside financial risk safe harbor, and Tony and I are going to talk about some challenges that we have seen working through and structuring these arrangements.”

The full podcast episode, “Value-Based Arrangements and Navigating the Fraud and Abuse Laws,” was released on September 1 and is available via AHLA or wherever you get your podcast content. Details about the AHLA Fraud and Compliance Forum where Jennifer will speak more about this topic, visit the AHLA website.