More on the Anti-Kickback Statute

In a recent post, we mentioned the Anti-Kickback Statute as being one of the federal statutes under which physicians and other health care providers can face penalties for fraudulently billing. As we mentioned, the Anti-Kickback Statute is one of the federal statutes that provides for the possibility of criminal penalties. To be charged under the statute, though, the defendant must have had the requisite intent. The defendant, specifically, must have knowingly submitted a false health care claim.

In cases where the government does not believe it can prove criminal intent, it is still able to pursue a civil prosecution under the statute. Proving intent is a critical for prosecutors, since their ability to obtain criminal penalties for violations of the statute depends on it. Civil penalties under the statute can still be costly, to be sure, though, and physicians do well to be conscientious about the referral arrangements they enter into. 

Monitoring of physician fee arrangements is apparently something that authorities are taking more and more seriously. Earlier this month, the Health and Human Services Office of Inspector General—which enforces the Anti-Kickback Statute—released a fraud alert that some say indicates that the federal government is increasing investigations of kickback schemes, particularly the role individual physicians play in these schemes.

One important point to remember about physicians is that they are frequently contacted by entities regarding referral arrangements and it does can happen that a physician doesn’t examine an arrangement enough prior to participating. In such cases—and in any case where a physician gets wrapped up in an illegal referral scheme—it is important to work with an experienced attorney to minimize penalties.

No Comments

Leave a comment
Comment Information
  • Badge 1
  • Badge 2
  • Badge 3
  • Badge 4
  • Badge 5
  • Badge 6
  • Badge 7
  • Badge 8

Contact O'Brien Hatfield, PA for a free case evaluation today

In Tampa, call (813) 345-4909. In Orlando, call (888) 496-5916 . For fast answers, email us using the form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Footer Brand

Tampa Bay Office
511 West Bay Street Suite 330
Tampa, FL 33606

Toll Free: 888-496-5916
Phone: 813-345-4909
Tampa Law Office Map

Central Florida Office
121 South Orange Avenue Suite 1500
Orlando, FL 32801

Toll Free: 888-496-5916
Phone: 407-808-6750
Orlando Law Office Map

South Florida Office
Northbridge Tower
515 North Flagler Drive
Suite P-300
West Palm Beach, FL 33401

Toll Free: 888-496-5916
South Florida Office Map

South Florida Office
Brickell Bay Office Tower
1001 Brickell Bay Drive
Suite 2700 M-1
Miami, FL 33131

Toll Free: 888-496-5916
Phone: 305-909-0624
Miami Law Office Map