If you have been charged with fraud, you need an attorney who is proficient in federal drug law. Trust our experience: these are serious charges that require active and immediate attention. Call us at 713.622.8333 today.

In 1972, Congress passed the anti-kickback statute which made it illegal for providers, including doctors, to knowingly and willfully accept bribes or other forms of remuneration in return for generating Medicare, Medicaid or other federal healthcare program business. Likewise, a physician cannot offer anything of value to induce federal healthcare program business. Since its creation, the anti-kickback statute has been revised to allow more than 20 exceptions or “safe harbors” such as for investments in group practices.

The safe harbor rules cover such activities as investments in publicly traded companies, joint ventures, rentals of space or equipment, personal services agreements, sales of practice, discounts and other arrangements. The OIG has since issued a final safe harbor for managed care arrangements involving particular price reductions and enrollee incentives. Several proposed safe harbors that include exceptions for investment interests in rural areas have not yet been finalized.

Conduct that falls outside a safe harbor does not mean an individual or entity automatically has violated the law. However, compliance with the safe harbor requirements will protect a transaction from anti-kickback scrutiny by the OIG and the Justice Department. ACR members should carefully evaluate the unique facts and circumstances of each arrangement in their local jurisdictions with their practices' legal counsel.

Recent federal legislation has expanded the scope of the anti-kickback law and its penalties. Federal law enforcement agencies such as the OIG and the Justice Department regard the law as a key weapon in the anti-fraud and anti-abuse tool kit. Additionally, ACR members-both those who are hospital-based and those who are practicing in groups or clinics-face potential kickback violations in financial arrangements with other physicians, hospitals and managed care organizations.

 

If you believe you may be under federal investigation for a Healthcare Fraud Case, it is critical that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney.
The Houston, Texas law office of Kuniansky & Associates will work diligently to ensure your rights are protected.

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