Any professional can find themselves facing allegations of fraud. When the government is involved and claims you fraudulently billed a federal insurance program, like Medicare, the issue can quickly snowball into serious criminal charges. A recent example out of New...
Stark Law/Anti-Kickback Statutes
Can business executives go to prison for healthcare fraud?
Healthcare fraud sounds like the kind of crime committed by a physician or nurse who conducts unscrupulous procedures or provides prescriptions in exchange for money. Although these are examples of activities that can result in criminal charges for healthcare fraud,...
How do I market my practice without violating the AKS?
The Anti-Kickback Statute (AKS) is a federal, criminal statute that makes it illegal to provide any form of remuneration in exchange for referrals of patients who receive benefits from government programs, like Medicare. This includes everything from cash payments for...
What do I need to know before I start marketing my healthcare center?
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...
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)...