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 MoreDon’t Keep The Change, Doc
Meaning, don’t just pocket the difference when the government overpays you for healthcare goods or services. Recently, a medical group agreed to pay $450,000 to settle allegations that it refused to return $175,000 in overpayments that it received from federal healthcare programs like Medicare and Medicaid. Here’s the government’s press release. The overpayments at issue tend to happen in medical 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 MoreDouble, Triple Whammies and Rewards
Speaking of the False Claims Act, get ready to buckle up. Starting Monday, an interim final rule by the U.S. Justice Department will nearly double the statute’s civil monetary penalties for each false claim. The minimum penalty will go from $5,500 to $10,781, and the maximum penalty will go from $11,000 to $21,563. For defendants, this means you’re looking at a Read More
Read MoreThe Scope of Fraud for Government Contractors
This summer, the U.S. Supreme Court issued an important decision for government contractors and the whistleblowers who sue them under the federal False Claims Act. The bottom line may be this: contractors must abide by a myriad of rules, regulations, and contractual provisions in doing business with the government, but if they don’t, not ever misstep, only the material ones, can Read More
Read MoreSCOTUS Stands Up for the Sixth Amendment
We’ve asked this question before. What if the government charged you with a crime, and you wanted to defend yourself but couldn’t—not because you didn’t have any money, but because the government had blocked all access to it? Twenty-five years ago, the U.S. Supreme Court said the government can freeze your money before trial if there’s probable Read More
Read MoreCMS Issues Final “Overpayments” Rule for Medicare Parts A and B
Speaking of healthcare—providers, suppliers, and other stakeholders should take note that, last week, the Centers for Medicare & Medicaid Services (CMS) published its long-awaited final rule for reporting and returning overpayments under Medicare Parts A and B. The rule defines “overpayments” to include any funds you receive or retain that you’re not entitled to after applicable reconciliation. The CMS published its rule for Medicare Read More
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