Fraud & Abuse Compliance
Healthcare providers face a myriad of complex regulations governing fraud and abuse. Our attorneys possess extensive knowledge of the regulatory landscape and have represented clients in matters involving the False Claims Act, Anti-Kickback Statute, Stark Law, and other state and federal laws related to healthcare fraud and abuse.
Our expertise covers a wide range of healthcare-related legal matters, including healthcare fraud and abuse. We have successfully guided numerous healthcare providers through internal investigations and self-disclosure processes under the Stark Self-Referral Disclosure Protocol and the OIG Self-Disclosure Protocol.
Stark Law
The Federal Physician Self-Referral Statute, also known as the “Stark Law,” is a U.S. law that prohibits doctors from referring patients to receive “designated health services” (DHS) from entities in which the doctor (or an immediate family member) has a financial interest, unless an exception applies. One of the exceptions to the Stark Law is the Personal Services Exception, which allows a doctor to refer a patient to an entity in which the doctor (or an immediate family member) has a financial interest, as long as the referral is for “personal services” rendered by the doctor.
Under the Personal Services Exception, the following conditions must be met:
The Personal Services Exception is intended to allow doctors to refer patients for DHS that are directly related to the personal services that the doctor provides. The exception is not intended to allow doctors to refer patients for DHS that are not directly related to the personal services that the doctor provides.
Anti-Kickback Statute
The Federal Anti-Kickback Statute is a U.S. law that makes it a crime to exchange anything of value in an effort to influence the referral of business covered by federal healthcare programs. The law applies to a wide range of activities, including the referral of patients, the sale of goods or services, and the payment of compensation. The purpose of the law is to protect federal healthcare programs and the beneficiaries of those programs from fraud and abuse.
Under the Federal Anti-Kickback Statute, it is illegal to offer, pay, solicit, or receive anything of value in exchange for the referral of federal healthcare program business. This includes the referral of patients, the sale of goods or services, and the payment of compensation. The law applies to a wide range of individuals and entities, including healthcare providers, pharmaceutical companies, and medical device manufacturers.
Violations of the Federal Anti-Kickback Statute can result in criminal penalties, including fines and imprisonment. In addition, individuals and entities that violate the law can be excluded from participation in federal healthcare programs, such as Medicare and Medicaid. The law is enforced by the Department of Justice, and cases are often brought in conjunction with other federal healthcare fraud statutes.
Civil Monetary Penalties
Civil monetary penalties (CMPs) are a critical component of the federal government’s enforcement tools against healthcare fraud and abuse, including violations of the Federal Anti-Kickback Statute (AKS), other healthcare fraud and abuse statutes, and regulations concerning inducements to beneficiaries. These penalties are imposed to deter illegal conduct affecting Medicare, Medicaid, and other federal healthcare programs. This summary outlines the framework and specific details regarding CMPs related to these areas.
Compliance Plans
Our Services: At the Health Law Center, we offer a comprehensive array of regulatory compliance services designed to meet the specific needs of healthcare organizations, including:
Code of Conduct Policy Development
We believe that a strong code of conduct is the cornerstone of any successful compliance program. Our experts will collaborate with your organization to draft a clear and comprehensive code of conduct that reflects your corporate values and guides employee behavior.
Stark Self-Referral Disclosure Protocol
The CMS Self-Referral Self-Disclosure Protocol (SR SDP) is a program that allows healthcare providers and suppliers to voluntarily disclose potential violations of the Federal Physician Self-Referral Law (also known as the Stark Law). The Stark Law prohibits physicians from making referrals for certain designated health services (DHS) to an entity with which the physician (or an immediate family member) has a financial relationship, unless an exception applies.
The benefits of using the SR SDP include:
Overall, the CMS SR SDP provides a valuable resource for healthcare providers and suppliers to address potential Stark Law violations in a timely and effective manner.
OIG Self-Disclosure Protocol
The Office of Inspector General (OIG) Self-Disclosure Protocol allows healthcare providers to voluntarily disclose potential violations of federal fraud and abuse laws, often resulting in reduced penalties. Our team has extensive experience in: