By Mani Dabiri | Published February 16, 2018 | Posted in Civil Business Litigation and Investigations, Federal and State Criminal Defense, White-Collar and Regulatory Defense | Tagged Tags: antikickbackstatutes, DHHS, healthandhumanservices, healthcare, medicareandmedicaid, punishment |
Feds Raise Healthcare Penalties Again
If you’re a healthcare provider who takes Medicare or another federal program, take note. We didn’t get a government shutdown, but the budget law from last week more than doubled the civil and criminal penalties you face when the government accuses you of fraud, waste, or abuse. To see for yourself, click the link and scroll all Read More
Read MoreNew DOJ Policy on Foreign Business Bribery
On the eve of the fortieth anniversary of the Foreign Corrupt Practices Act, the Justice Department has unveiled a policy that strongly encourages businesses to self-report any violations to the government on their own. Those that do can presume that the government won’t prosecute them criminally as long as they fix the problem timely and cooperate fully. That’s probably good Read More
Read MoreCMS Puts Out New Physician Self-Referral Disclosure Protocol
If you’re a healthcare provider or supplier, take note. Starting June 1, 2017, there is a new process for self-reporting actual or potential violations of the Stark Law to the Centers for Medicare & Medicaid Services. Remember, Stark says that doctors can’t refer certain, designated health services that are payable by Medicare or Medicaid to entities in which they have a financial interest. Read More
Read MoreAnother Massive Medicare-Fraud Roundup
In case you missed it, two weeks ago, the federal Medicare Fraud Strike Force announced a nationwide sweep that ensnared 243 people for their alleged participation in fraudulent schemes to bill Medicare over $700 million. The individual cases are not all related, but the coordinated takedown was the largest we’ve seen so far—both in the number of targets and in the Read More
Read MoreYou Can Go Your Own Way
Go your own way, if you must, but in whistleblower cases, it’s better to have a partner, especially when that partner is the Department of Justice. Under the whistleblower, or qui tam, provisions of the False Claims Act, citizens may sue on behalf of the government, and if they do, they stand to collect anywhere from 15-30% of the recovery. That can Read More
Read MoreJust Say No, Doc
Suppose you’re a doctor, and some of your patients are Medicare beneficiaries who need home healthcare services. Suppose you’re approached by a company that provides such services and offered cash (or other remuneration) in exchange for sending your patients there. If you take the money and steer your patients to that provider, you’re guilty of violating the federal Anti-Kickback Statute. See 42 Read More
Read MoreWhat Is A Kickback, Anyway?
When is it a bribe, when is it business, and when is it speech? We know it’s a bribe if you toss some cash in someone’s lap, but what if you just give them some good business advice? Well, that may have value, too, so it could be a kickback, but then what if you charge them for it? Okay, well, that Read More
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