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:
The federal government has ramped up efforts to stamp out fraud, waste, and abuse. Increasingly, DME companies find themselves under the magnifying glass. We discuss how to prepare your DME business and remain compliant.
Given the heightened need for coordination among healthcare providers to respond to the COVID-19 pandemic, HHS issued blanket waivers of the Stark Law. How will this impact your business arrangements during the COVID-19 outbreak?
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.
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.
Selling Groupons for healthcare services could implicate several laws. We explore a few of the relevant ones.
Fighting healthcare fraud, waste and abuse is a government priority. To avoid trouble, every medical practice needs to understand the laws and develop a custom-tailored compliance plan.
For healthcare practices, there’s a team of special agents that’s …
Before accepting your next speaking engagement sponsored by pharma or a medical device company, consider the risks of a potential kickback violation. OIG’s latest special fraud alert highlights the peril.
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.
“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.
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.
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.
