Charged with committing the criminal act of violating the federal kickback statute or the Stark law? You should know this is a very serious allegation. This type of federal charge often includes punishments such as very hefty fines.
Physicians are often the prime target for nasty federal kickbacks & stark billing in South Florida. If you or someone you know is being targeted in an investigation involving such a scheme, the best thing for you to do is contact a white collar attorney in Fort Lauderdale who is willing to fight your charge.
What is a Federal Kickbacks & Stark Billing Crime?
Federal kickbacks are commonly known and enforced under the AKS ( Anti-kickback Statute), and further, Stark laws are designed to limit monetary influence on medical referrals. Essentially, while referral fees are allowed, encouraged and even standard in some professions – they are illegal in others, specifically the medical and health care professions.
In layman’s terms, the government wants to protect patients from being referred to a specific doctor or medical service with the intent of the referer gaining some sort of financial or beneficiary form of compensation in exchange for your business.
In legal terms, the crime of Federal kickbacks are defined as follows :
- The AKS is a criminal statute that prohibits the knowing and willful payment of “remuneration” to induce or reward patient referrals or the generation of business involving any item or service payable by the Federal healthcare programs (e.g., drugs, supplies, or health care services for Medicare or Medicaid patients).
- Essentially, it’s illegal to have a transaction that rewards someone who makes a referral with any item or service which is reimbursed by the federal healthcare programs.
- Remuneration includes anything of value and can take many forms besides cash, such as free rent, expensive hotel stays and meals, and excessive compensation for medical directorships or consultancies.
Additionally, Stark law is defined as follows:
- If a physician (or an immediate family member of such physician) has a financial relationship with an entity specified, then
- the physician may not make a referral to the entity for the furnishing of designated health services for which payment otherwise may be made
- the entity may not present or cause to be presented a claim under this subchapter or bill to any individual, third party payor, or other entity for designated health services furnished pursuant to a referral prohibited under subparagraph
So what does all of this mean? Essentially, in the United states, while it is legal and praised to provide referral fees and compensation for referrals for some industries, it is not only frowned upon in the medical industry, but highly illegal.
CONSEQUENCES OF FEDERAL KICKBACKS & STARK BILLING
The consequences of violating the AKS and Federal Kickback laws in South Florida are typically as follows:
- Up to $25,000 in fines PER kickback charge (if you are alleged of this crime 4 times for example, you face up to $100,000 in fines)
- Up to 5 years in prison
- Exclusion from federal medical programs
The consequences for violating The Stark Law are separate and as follows:
- Civil money penalties of up to $15,000 per service may be imposed upon entities submitting claims in violation of the law, and those that fail to make required refunds
- Penalties of up to $100,000 may also be imposed for “circumvention schemes” where physicians or entities enter into arrangements that have the principle purpose of ensuring referrals to an entity in violation of the law
- Physicians and entities that violate the Stark law can also be excluded from participating in the Medicare and Medicaid programs.
FEDERAL KICKBACKS & STARK BILLING ATTORNEY IN FORT LAUDERDALE
Being charged with violating Federal kickback statutes or The Stark Law is a very serious allegation in the United States.
If you or the offender is dwelling within the state of Florida, your first response should be to contact our federal defense attorneys at Rossen Law Firm.
We will be able to offer you strategies and excellent representation with the goal of giving you the best chance to have your charges dropped or dismissed.
We make sure that you know everything you need to know to fully understand the allegations you’re facing and how to best move forward.
Federal Kickbacks & Stark Billing Defense Strategies
- No remuneration present:
- If it can be proven that there was no remuneration present at all, a good federal defense attorney can present this which would require the government to drop the case altogether.
- No intent:
- Both of these crimes (federal kickbacks and stark billing) require the element of intent. If no intent is present at the time of the crime, then it’s possible to argue that you didn’t commit the crime and/or lacked the intent needed to substantiate the charge.
Free Federal Kickbacks & Stark Billing Defense Strategy Session in South Florida
We handle all types of cases for Federal Kickbacks & Stark Billing in South Florida.
We know how to protect your rights and provide you with a personalized and aggressive defense to your federal charges.
The charges you face can place stress on you, when you’re already involved in a highly stressful occupation.
We care about your future & we can help you fully handle your complicated case in a way that gives you the best possible outcomes for your future.
HOW WE WIN FEDERAL & CRIMINAL DEFENSE CASES
- Rossen Law Firm helped a man avoid minimum prison time for a Federal Child Porn possession charge in South Florida.
- Rossen Law Firm gets Credit Card fraud case dropped in Boca Raton, Florida.
- A Mother & Son’s Kickbacks & Stark Billing Charges Dropped in Fort Lauderdale.