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Stark Law / Anti-Kickback Compliance

Overview

Government prosecutions involving Stark and “anti-kickback” violations are on the rise. The Stark and anti-kickback laws, among others, affect how health care providers may refer patients, whether between separate health care institutions or individual doctors inside a common facility. Unless an exception exists, Stark prohibits billing government programs for a referral made by a physician who has a financial and/or ownership interest in the entity that performs the designated health service.

Bingham Greenebaum Doll LLP attorneys are experienced advisors to health care providers in the area of Stark and anti-kickback compliance. We are trusted advocates for individuals and institutions facing federal and state enforcement actions.

Our services related to the Stark and anti-kickback laws include:

  • Drafting and reviewing health care employment contracts and other agreements for Stark and anti-kickback compliance
  • Analysis of compensation arrangements for Stark and anti-kickback compliance
  • Analysis of assets, relationships, investments, mergers, acquisitions, joint health care ventures, group practice arrangements, lease agreements and other arrangements so as to avoid Stark and anti-kickback pitfalls
  • Strategies for satisfying “safe harbor” protections relative to financial, employment and other arrangements
  • Strategies for reporting and resolving alleged non-compliance
  • Developing corporate compliance plans and education programs to limit violation of health laws and related regulations

Health care providers can better protect themselves by taking strategic steps to prevent violations. Bingham Greenebaum Doll LLP stands ready to partner with you to ensure Stark and anti-kickback compliance in this era of heightened scrutiny, and to defend you against claims of alleged violations.

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