Those who go into healthcare generally want to help the communities they serve. In today’s market, this can mean that you need to advertise to let patients know about the different services your healthcare center offers and how it may stand out from other options when...
Stark Law/Anti-Kickback Statutes
What is the AKS?
The Anti-Kickback Statute (AKS) is a powerful legal tool the government can use to come after healthcare professionals it believes are fraudulently billing federal programs like Medicare and Medicaid. A violation can led to more than just civil penalties, as it is a...
What legal tools will the feds use to come after healthcare practitioners for fraud?
The Department of Justice (DOJ) uses the Anti-Kickback Statute (AKS) as one of its primary tools to crackdown on healthcare fraud. This is a powerful and effective legal tool, but the government has recognized one key setback: the AKS is geared for those who use...
Can a surgeon accept free medical devices from a manufacturer?
Surgeons use all sorts of tools to help their patients. Figuring out which is the best is not always easy. This can make an offer to try a new medical device tempting, but physicians are wise to take care before accepting such offers. Failure to follow the rules can...
What do I need to know about the Supreme Court’s recent Kickback case?
The Supreme Court of the United States recently agreed to review a case on kickbacks. The case involves Pfizer, pharmaceutical mega-giant, who appealed a lower court's holding. The company tried to argue that its plan to cover Medicare patients’ co-payments for an...
Four common examples of illegal kickbacks under the Anti-Kickback Statute
The Anti-Kickback Statute (AKS) is a broad federal law that makes it illegal to knowingly and willfully offer something of value in exchange for patient referrals reimbursed by federal health care programs. The Centers for Medicare and Medicaid Services (CMS) argue...
Federal court gives those accused of FCA violation a win
The United States Court of Appeals for the Eighth Circuit just gave defendants in False Claims Act (FCA) claims a big win. The win involves how courts determine whether a violation existed when that violation is rooted in allegations of an Anti Kickback Statute (AKS)...
Case provides guidance on labs, commissions and EKRA
The Eliminating Kickbacks in Recovery Act (EKRA) generally prohibits the use of kickbacks and other forms of remuneration for referrals. The law applies to various medical practices, including labs. One of the biggest critiques to the law is the lack of transparency....
Feds accuse health records vendor of AKS violation
The federal Anti-Kickback Statute (AKS) is one of the most well-known anti-fraud laws in the country. This criminal statute has a huge impact on the healthcare industry and can affect physicians, executives, lab owners and anyone else that files claims for payment...
Physician faces decades imprisonment for healthcare fraud
Feds recently accused a physician of falsely certifying patients for home health services. The prosecution is aggressively building a case against the medical professional and claims that she received financial incentive for these certifications. What exactly...