When Jackson LLP analyzes an issue for compliance with the Stark Law, it also typically performs a similar evaluation for compliance with the Anti-Kickback Statute and related laws or regulations. Because the Anti-Kickback Statute imposes criminal penalties upon healthcare providers or entities who willfully offer to pay, pay, solicit, or receive remuneration for the referral or inducement of business payable under Medicare or Medicaid, providers are rightfully fearful of violations. Those who violate the Anti-Kickback Statute can be subjected to hefty fines, prison, or exclusion from federal health programs.
Typically, our attorneys are asked to evaluate whether a client’s proposed practice ownership division, employment arrangement, financial incentive program, or referral system violates self-referral or kickback laws. Thus, the Anti-Kickback Statute is part of a larger assessment of the client’s potential risk under the proposed arrangement.
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