An Anti-Kickback Whistleblower Attorney Can Help
Anti-kickback laws protect patients and our federal health care programs from fraud and abuse by making healthcare kickbacks illegal.
Determining which anti-kickback regulations and rules apply to your kickback claim is a complicated process. If you do not follow the rules, you can quickly lose your case and forfeit your reward.
If you have information relating to healthcare or physician kickbacks, you should immediately seek legal advice from an experienced anti-kickback attorney. Our anti-kickback attorneys provide assistance to whistleblowers across the United States.
Do I Have a Good Anti-Kickback Case?
Whistleblower cases involving healthcare kickbacks are primarily controlled by three important federal laws. These include:
- Anti-Kickback Statute, 42 USC § 1320
- Stark Law, 42 U.S.C. § 1395
- False Claims Act, 31 USC 3729
Here's how they work.
The Anti-Kickback Statute is a criminal statute. The Anti-Kickback Statute makes it a crime for anyone to give a kickback with the intent of influencing the referral of patients or services covered by a federal or state health care program.
Under the Anti-Kickback Statute, a kickback occurs when a person makes a payment or any other type of compensation (trips, hotels, or gifts), to induce someone else to buy or recommend a good or service reimbursable by any federal health care program.
The Stark Law, which is also known as the "Physician Self-Referral Statute," is a civil statute. The Stark Law makes it illegal for a physician to engage in a "self referral" when referring patients elsewhere for certain medical services.
Under the Stark Law, a kickback occurs when a physician refers a patient who receives Medicare or Medicaid to a medical facility in which the physician or the physician's family has a financial interest.
The False Claims Act (FCA) is America's most important whistleblower law. It works in combination with the Anti-Kickback Statute and Stark Law.
The FCA makes it unlawful for anyone to knowingly submit or cause the submission of a false or fraudulent claim to the government for payment. Qui tam whistleblowers are empowered to file private FCA lawsuits on behalf of the United States and to receive a whistleblower reward.
Under the FCA, all violations of the Anti-Kickback Statute also violate the False Claims Act. Likewise, under the FCA, many Stark violations also violate the False Claims Act.
Choosing the Right Anti-Kickback Lawyer Can Make All the Difference
Kickbacks come in many different forms.
Some of the most common examples include:
- Pharmaceutical kickbacks, including the giving of fees, gifts, products, and services to doctors in exchange for encouraging the prescription of a particular drug covered by Medicare or Medicaid
- Hospital kickbacks, including the sharing of free or discounted office space, excessive compensation, and the making of other financial inducements to physicians in exchange for the referral of Medicare or Medicaid patients
- Medical equipment kickbacks, including the payment of referral fees to medical equipment dealers and independent agents in exchange for the referral of Medicare or Medicaid patients
- Nursing home kickbacks, including the payment of fees to nursing home pharmacists, physicians, and other medical professionals in exchange for using pharmacy or medical services covered by Medicare or Medicaid
- Research and educational kickbacks, including the creation of research grants, consulting arrangements, or other monetary incentives linked to product purchases or in exchange for favorable studies or articles that support a product or service covered by Medicare or Medicaid
Working with a team of skilled anti-kickback attorneys can make the difference between winning and losing your whistleblower case.