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:

EKRA and COVID Pay-Per-Test

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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