What is the Anti-Kickback Statute?
Are you a health care provider who is currently under investigation related to the Anti-Kickback Statute or to other federal criminal laws related to health care fraud? Now is the time to begin working with a defense attorney. If you have already been indicted, you need to hire a federal fraud defense attorney as quickly as possible. Federal criminal charges related to health care fraud, including kickbacks, can result in serious penalties upon conviction — including jail time in addition to substantial financial penalties and the loss of your livelihood. What is the Anti-Kickback Statute and how do charges under this federal law work? Our federal criminal defense attorneys in Tampa can explain in more detail below and can begin working with you on defense strategies today if you are under investigation or facing charges.
Understanding the Federal Anti-Kickback Statute
What is the federal Anti-Kickback Statute (AKS)? As the United States Office of the Inspector General (OIG) explains, this is “a criminal law 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 health care programs,” meaning Medicare and Medicaid. Examples include drugs, supplies, and health care services provided through Medicare (the federal health care program for older adults) or Medicaid (the federal health care program for Americans with limited resources).
The OIG clarifies that “remuneration” is understood by federal prosecutors to include “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.” Physicians and other healthcare providers are often targeted by individuals and entities involved in kickback schemes, and as such, it is crucial for health care providers to understand that the above actions are unlawful and can result in criminal charges. It is also important to be aware that charges under the AKS are often accompanied by other health care fraud charges under federal law.
Penalties for a Conviction Under the Anti-Kickback Statute
If you are convicted under the Anti-Kickback Statute, you can face serious financial penalties and jail time.
You can also face additional civil penalties depending on the details of the case.
Contact Our Tampa Criminal Defense Attorneys Today for Assistance Developing a Defense to Charges Under the Anti-Kickback Statute or Other Federal Fraud Charges
Anyone who is being investigated for federal health care fraud-related or other white collar crimes, including under the Anti-Kickback Statute, needs to seek legal advice about building a defense as soon as possible. As we discussed above, a conviction under this statute or other federal fraud statutes can result in serious penalties that you do not want to face, including the possibility of prison time. One of the experienced Tampa federal criminal defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can learn more about the case against you today and can begin working with you to build a strong defense to the charges you are facing, whether you are solely facing charges under the Anti-Kickback Statute or under multiple federal fraud statutes. Contact us today for assistance.
Source:
oig.hhs.gov/compliance/physician-education/fraud-abuse-laws/
