Anti-Kickback Statute

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.

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Stark Law

Stark Law is widely known as the ‘conflict of interest’ statute. Broadly, it prohibits conflicts of interest between cash remuneration and services rendered. Our attorneys work to establish healthcare entities, collaborations, or joint ventures that meet our clients’ needs while satisfying legal requirements. We also draft contracts to satisfy our clients’ business requirements while navigating fraud, waste, and abuse laws, prepare Stark Self-Disclosures, and create healthcare provider compensation arrangements.

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See our blog for tips about fraud, waste and abuse:

Is That Lucrative Telemedicine Arrangement Actually a Scam?

“One of the largest health care fraud schemes ever charged” offers a cautionary tale as the U.S. Department of Justice criminally charges dozens of defendants involved in genetic testing telemedicine arrangements.

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EKRA and Pay-Per-Test COVID-19 Testing Models

To many laboratory owners, paying COVID-19 testing sites based on the number of specimens sounds like smart business. Unfortunately, the practice can run afoul of several laws — with potential penalties for both parties.

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False Claims Act Allegations: Is Your Practice At Risk?

Who reports False Claim Act violations in healthcare, and how can you protect yourself? We shine a light on the risks of billing fraud allegations and the best way to prevent them.

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Fraud, Waste, and Abuse Policies For Mental Health Practices

Mistakes happen. And when they do, the government is ready to inflict penalties. Learn how to show an enforcement agency that your practice works to prevent, detect, and eliminate misconduct.

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Unclaimed Property Laws and Your Healthcare Practice

Some states are cracking down on unclaimed property violations, and healthcare providers have been subject to enforcement. Learn tips for staying compliant with the unclaimed property laws in your jurisdiction.

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Can You Legally Waive Your Patients’ Co-Pays?

Before you waive the copayment for a patient, here are a few risks and situations to consider.

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Self-Referrals and Kickbacks: Navigating Federal and State Healthcare Laws

How do you comply with both state and federal laws governing kickbacks and self-referrals when those laws don’t align? We summarize some of the state laws and discuss how to navigate the differences with federal law.

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Why Healthcare Fraud is Landing More Doctors and Execs in Prison

As a healthcare practice owner or leader, you may not be as protected as you think by your corporate structure. Federal authorities are jailing healthcare executives to deter others from following in their fraudulent footsteps.

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An Employee Accused Your Healthcare Practice of Wrongdoing? Here’s What Not to Do

When an employee alleges that your patient care or business practices are improper, your reaction can make the situation much worse. Learn how to avoid charges of retaliation.

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Can You Sell Groupons for Healthcare Services?

Selling Groupons for healthcare services could implicate several laws. We explore a few of the relevant ones.

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The Anti-Kickback Statute During the COVID-19 Pandemic: What Healthcare Professionals Should Know

OIG has released guidance on how it will evaluate certain arrangements between healthcare providers under the Anti-Kickback Statute. But note: OIG has not issued a blanket waiver of the law.

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