Not So Safe: Exploring the Boundaries of the Discount Safe Harbor in Light of Recent Court Decisions

March 6, 2017 1:00pm

Jeffrey S. Baird
Chairman of Health Care Group
Brown & Fortunato, P.C.

Kriss Basil
Assistant U.S. Attorney
U.S. Attorney’s Office, District of Massachusetts (Boston, MA)

Andrew Dahlinghaus
Vice President, Chief Compliance Officer
ConvaTec

Margaret D. Price
Senior Director Corporate Compliance/Chief Compliance Officer
Upsher-Smith Laboratories, Inc.

Carrie Valiant
Board of Directors, Member
Epstein Becker and Green

Clorinda Walley
Executive Director
Good Days

  • Meaning of the discount safe harbor under the anti-kickback statute
  • How does the discount safe harbor get applied to common discounting behavior?
  • Effects so far of an erosion of discount safe harbor – how do recent settlements affect industry’s interpretation of the discount safe harbor and where does that leave medical device companies?
  • What types of arrangements are being protected under the discount safe harbor at this time?
  • Some predictions as to what the future may hold