Anti Kickback Lawyers – Defense Attorney

OIG Stark Law Lawyers and Anti Kickback Lawyers, Bribes, and Health Care and Government Contract Defense Lawyers

Physicians must navigate strict federal regulations to avoid legal and professional consequences. Key fraud and abuse laws include the False Claims Act (FCA), Anti-Kickback Statute (AKS), Physician Self-Referral Law (Stark Law), Exclusion Authorities, and the Civil Monetary Penalties Law (CMPL).

These laws, enforced by agencies such as the Department of Justice (DOJ), the Office of Inspector General (OIG), and the Centers for Medicare & Medicaid Services (CMS), aim to prevent fraudulent billing and unethical financial relationships in healthcare. Violations can lead to severe penalties, including criminal charges, substantial fines, exclusion from federal healthcare programs, and even loss of a medical license. Compliance is not only a legal necessity but also crucial for maintaining a reputable and successful medical practice.

Nationwide – federal kickbacks defense lawyer: Engaging in illegal kickbacks or bribes related to government contracts or healthcare can lead to severe civil and criminal consequences under the federal and state Anti-Kickback regulations. Stark law submissions to the federal government that involve kickbacks contravening these laws are deemed false claims as per the Federal False Claims Act (FCA). Watson & Associates, LLC anti-kickback attorneys represent government contractors and health care firms charged or indicted for illegal kickbacks.

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Navigating Anti-Kickback Allegations: A Guide for Healthcare Professionals and Federal Contractors

Accusations under the Anti Kickback Statute (AKS) can be scary and depressing, threatening your professional reputation, financial stability, and personal freedom. At Watson & Associates, LLC, As your kickbacks defense lawyer, we understand the gravity of such accusations and are committed to guiding you through this challenging time with expertise and compassion.

Stark Law Lawyers – Understanding the Anti Kickback Statute (AKS) 42 USC 1320a-7b(b

The Anti-Kickback Statute (AKS), 42 USC 1320a-7b(b, is a federal criminal law that prohibits knowingly offering, paying, soliciting, or receiving any form of remuneration to influence patient referrals or generate business for services covered by federal healthcare programs like Medicare and Medicaid.

Remuneration can include not just cash payments but also benefits such as free rent, luxury travel, expensive meals, or inflated salaries for consulting or directorship roles.

Unlike other industries where referral incentives may be standard practice, paying for referrals in federally funded healthcare programs is illegal. Both the giver and receiver of kickbacks can be held liable under the AKS, with intent playing a crucial role in determining criminal responsibility.

The Anti-Kickback Statute is a federal law that prohibits the exchange of remuneration—anything of value—with the intent to induce or reward referrals for services or items reimbursable by federal healthcare programs. This statute aims to ensure that medical decisions are made based on patient needs rather than financial incentives.

What are Illegal Kickbacks?

Are Kickbacks Illegal? Under Stark law, In legal terms, a “kickback” encompasses any form of monetary or non-monetary compensation, such as money, gifts, favors, or any item of tangible value, given directly or indirectly to prime contractors, subcontractors, or employees or even government employees.  Under Stark law, kickbacks are illegal if done to gain undue advantage or favoritism with a prime contract or its associated subcontracts. Examples of illegal kickbacks include meals, monetary gifts, event tickets, or even invitations to sporting or recreational events.

Illegal bribes: Bribing present or past government officials is equally frowned upon. Presenting or promising any form of value to such government officials, aiming for preferential treatment on a government contract, is unethical and holds legal ramifications under the FCA. Bribes are diverse in nature, spanning from tangible gifts to services, travel facilities, accommodations, and even advanced payments or subsequent reimbursements.

Key Elements of the AKS

• Remuneration: This encompasses any form of payment or benefit, including cash, gifts, discounts, or services.​

• Intent: The statute requires that the remuneration be offered or received knowingly and willfully to induce referrals.​

Implications for Healthcare Providers

Healthcare professionals, including physicians, pharmacists, and executives, must be vigilant in their financial interactions. Engaging in prohibited conduct can lead to severe penalties, including fines, imprisonment, and exclusion from federal healthcare programs.​

Understanding the Stark Law

The Stark Law, also known as the physician self-referral law, prohibits physicians from referring patients to entities with which they have a financial relationship for certain designated health services payable by Medicare or Medicaid. Violations can result in significant penalties, including fines and exclusion from federal healthcare programs.

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Legal Consequences of Anti Kickback Statute and Stark Law Violations

Violations of the AKS and Stark Law can lead to both civil and criminal penalties. Civil penalties may include substantial fines and damages under the False Claims Act (FCA), while criminal penalties can involve imprisonment and additional fines. Furthermore, individuals or entities found in violation may face suspension or debarment from participating in future federal contracts, which can have long-term detrimental effects on their business operations.

Stark Law Penalties

The Stark Law (42 U.S.C. § 1395nn) focuses on patient referrals. It forbids a physician self-referral. A physician can’t obtain personal or financial gain from referring a Medicare or Medicaid patient to a specific healthcare entity.

Criminal penalties and administrative sanctions for Stark Law Violations for violating Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) include huge fines, jail terms, and suspension and debarment from participation in the Federal health care programs. In addition, Physicians who pay or accept illegal kickbacks also face penalties of up to $50,000 per kickback plus three times the amount of the remuneration.

If you are facing criminal charges or under a DOJ or OIG investigation for Stark Law violations, our defense attorneys are here to help. At Watson & Associates, LLC, our team of DOJ and OIG OIG stark law attorneys and anti-kickback violation defense attorneys specialize in whistleblower and qui tam defense cases. If you are investigated for kickbacks, bribes, and health care illegal bribes, call our government contractor OIG Stark Law lawyers and anti kickback defense attorneys at 1.866.601.5518.

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Anti Kickback Federal False Claims Act 31 USC 3729-3733

The Federal False Claims Act protects the Government from being overcharged for medical services or government contracts for goods or services. It is illegal to submit claims for payment to Medicare or Medicaid that are false or fraudulent. Filing false claims under. 31 USC 3729-3733 can result in civil fines of up to three times the amount of the program’s loss plus $11,000 per claim filed.  When a claim results from a kickback under Start law you can be subjected to civil and. criminal liability.

Top OIG Stark Law lawyer: contractors facing government contractor fraud charges and healthcare defendants in a criminal case can also be subject to criminal penalties under 18 USC 287. Criminal penalties for submitting false claims include contractor jail time and criminal fines. Physicians can find themselves facing criminal exposure for false health care claims. 

Civil Monetary Penalties Law (CMPL) 42 USC 1320a-7a 

The Civil Monetary Penalties Law (CMPL) 42 USC 1320a-7a grants the Office of Inspector General (OIG) authority to impose financial penalties and, in some cases, exclude individuals or entities from federal healthcare programs for various violations. The penalties, which can range from $10,000 to $50,000 per violation, depend on the nature and severity of the offense. Common CMPL violations include submitting false or fraudulent claims, seeking payment for services not rendered, violating the Anti-Kickback Statute (AKS), disregarding Medicare assignment rules, breaching Medicare physician agreements, providing misleading information that affects discharge decisions, failing to conduct proper emergency medical screenings, and making false statements on applications for federal healthcare program participation. Compliance with CMPL is essential to avoid severe financial and professional consequences.

Defending Against AKS and Stark Law Allegations

If you are facing allegations of AKS or Stark Law violations, it is crucial to seek legal representation from attorneys experienced in both healthcare law and government contracting. A comprehensive defense strategy may involve:

• Demonstrating the Absence of Unlawful Intent: Establishing that any remuneration was not intended to induce referrals.​

• Utilizing Statutory Exceptions or Safe Harbors: Identifying and applying any applicable exceptions or safe harbors that protect certain arrangements from liability.​

• Challenging the Prosecution’s Evidence: Scrutinizing the evidence and interpretations of the law presented by the prosecution.​

Why Choose Watson & Associates, LLC

At Watson & Associates, LLC, we specialize in defending clients against AKS and Stark Law allegations. Our team of experienced attorneys understands the complexities of these statutes and is dedicated to providing personalized legal strategies to protect your rights and interests.

Contact Us Today

If you are facing allegations related to the Anti-Kickback Statute or Stark Law, don’t navigate this challenging time alone. Contact Watson & Associates, LLC today for a confidential consultation. Let us help you protect your future.

Call Watson & Associates’ anti kickback lawyers and stark law attorneys today for immediate help and a confidential, free initial consultation at 1.866.601.5518. Speak to Theodore Watson.