FREE CASE EVALUATION: 1-800-632-1404
False Claims Act: Anti-Kickback Statute and Stark Law Fraud
As False Claims Act attorneys, one potential area for fraud against the Government is Anti-Kickback Statute and Stark Law Fraud. Our team of qui tam lawyers stand ready to discuss a potential False Claims Act case with you.
The Anti-Kickback Statute
The Anti-Kickback Statute was enacted to protect patients and federally-sponsored healthcare programs, such as Medicare and Medicaid, from fraud and abuse by curtailing the corrupting influence of money on healthcare decisions. The primary purpose of the statute is to prevent kick-backs / payoffs / gifts / incentives to those who can influence and order healthcare decisions. In other words, the purpose behind the statute is to remove potential economic incentives that could result in medically inappropriate, medically unnecessary, poor quality, or even harmful treatment to a healthcare patient. A violation of the Anti-Kickback Statute constitutes a false and fraudulent claim under the False Claims Act. The Anti-Kickback Statute prohibits any person or entity from making or accepting payment to induce or reward any person for referring, recommending or arranging for the purchase of any item for which payment may be made under a federally-funded healthcare program. With some exceptions (both statutory and regulatory), the statute prohibits kickbacks, bribes, inducements, rewards, and other economic incentives and remuneration that induce physicians to refer patients for services or recommend purchase of medical supplies that will be reimbursable under government-funded healthcare programs, such as Medicare and Medicaid. Both sides of the kickback relationship are liable under the statute. Compliance with the Anti-Kickback Statute is mandatory if the healthcare provider wants to participate under the Medicare, Medicaid, CHAMPUS/TRICARE, CHAMPVA, Federal Employee Health Benefit Program, and other federal healthcare programs. In fact, all healthcare providers must certify that they have complied with the Anti-Kickback statute, in addition to other applicable laws, rules and regulations, before accepting payment.
The Stark Law
The Stark Law was enacted to prevent physician self-referrals, i.e. the referral of patients for designated health services that may be paid for by Medicare, Medicaid, or other state healthcare plans to any entity with which the referring physician has a financial interest or relationship. A violation of the Stark Law results in an overpayment, even if a party does not intend to engage in unlawful conduct. Both The Stark Law and the Anti-Kickback Statute are intended to prevent healthcare providers from taking actions that benefit themselves instead of their patient.
Helping You
If you have information concerning fraud on a government healthcare program, such as Medicare or Medicaid, then you may be able to bring a qui tam/whistleblower lawsuit under the False Claims Act or similar state law. Through the qui tam/whistleblower lawsuit, you can help the federal and state governments recover money that was paid as a result of fraudulent claims. As a reward for blowing the whistle, you can receive a share of the government’s recovery. A whistleblower who brings a successful qui tam lawsuit under the False Claims Act is eligible to receive between 15-30% of the amount the government recovers. For more information, please contact our team of whistleblower and qui tam attorneys:
TOLL FREE: 1-800-632-1404
FILL OUT THIS FORM:
OR VISIT OUR OTHER PAGES ON FALSE CLAIMS ACT:
Health Care Fraud
- Anti-Kickback Statute and Stark Law Violations
- Pharmaceutical Companies and Medical Device Fraud
- Fraudulent Healthcare Billing
- Services Not Rendered/Add-On Services
- Upcoding and Unbundling/Fragmentation
- False Certifications and Information
- Fraudulent Cost Reports
- Grant or Program Fraud
Government Contract/Benefits Fraud
- Fraudulent Use of Minority Business Enterprise / Disadvantaged Business Enterprise
- Defense Contracting Fraud
- Procurement Fraud
- Disaster Relief Fraud
- Stimulus Fund Fraud
- Education False Claims
Taxpayer Whistleblower Program
- IRS Whistleblower Claims
- IRS Section 7623 Claim Submission Assistance