The government joined three separate whistleblower ("qui tam") lawsuits to resolve allegations that Deaconess submitted false claims to Wisconsin Medicaid for: (1) personal care worker services that were not provided, that were not provided pursuant to appropriate supervision by Deaconess, or that were not medically necessary, and (2) for personal care services that were referred or ordered in violation of the Anti-Kickback Statute
, 42 U.
The Anti-Kickback Statute
(58) prohibits knowingly and willfully
HCPro's Corporate Compliance and HIPAA libraries are designed for healthcare organizations (HCOs) - hospitals, health systems and medical groups - eager to achieve compliance with federal regulations such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA), False Claims Act, Fraud Enforcement and Recovery Act of 2009 (FERA), Stark Law, Anti-Kickback Statute
, and Health Information Technology for Economic and Clinical Health (HITECH) Act.
On deck are cases that could reshape Stark Law, the Anti-kickback Statute
, and the 60-day federal overpayment rule.
The Anti-Kickback Statute
bans medical laboratories or other providers from offering, paying, soliciting, or receiving remuneration to induce referrals for services that federal health programs cover.
Federal fraud and abuse laws, including the Anti-kickback Statute
(AKS) and the Stark Law come into play in such affiliations.
Financial Fraud Law Report has published the article OIG Releases New Proposals on Anti-kickback Statute
Safe Harbors, Exceptions to the CMP Law and the Gainsharing Prohibition, written by Jorge Lopez, partner and head of Akin Gump s health industry practice; Robert Salcido and Kelly Cleary, partner and counsel, respectively, in the health industry practice; Caitlin McCormick, counsel in the public law and policy practice; and John Siracusa, a health practice associate.
Discount arrangements between healthcare providers and vendors and suppliers have become an increasing focus of False Claims Act (FCA) cases that are brought based on violations of the Anti-Kickback Statute
Between 2001 and 2008, government attorneys contend, EBI "paid staff at doctors' offices to influence doctors to order its bone growth stimulators" in violation of the Anti-Kickback Statute
The OIG issued s special fraud alert on June 25, warning that such payments by labs presented "a substantial risk of fraud and abuse under the anti-kickback statute
6) The anti-kickback statute
and its associated safe harbors have since become one of the hallmark structural regulations aimed at mitigating fraud and abuse in the federal health care programs.
23 regarding electronic health record (EHR) donations and the anti-kickback statute
safe harbor and Stark exception.