A basic principle of health care law is that medical decision-making must be based on the best interests of the patient and not the economic interests of the provider. This principle is reflected the Anti-Kickback Statute (AKS) – which makes it a federal crime to offer, give, solicit or accept remuneration in exchange for the referral of health care services – and underlines investigations and prosecutions based on the AKS and related statutes.
Through our defense efforts, Frier Levitt has seen rental agreements, consulting agreements, and even speaker fees be challenged as bribes (remuneration) for the referral of health care services. Recently, in the District of New Jersey, medical directorships and other staff positions, where a “safe harbor” arrangement is not applicable, have become the focus of scrutiny as well.
Should you be on the receiving end of an unexpected visit from authorities or a subpoena for records that focuses on medical positions or any remuneration outside of your immediate practice, you may contact Frier Levitt IMMEDIATELY to speak to an attorney regarding your rights and how to navigate the dangerous waters of responding to Government inquiries.
In addition, it goes without saying that you should not wait for a government subpoena or surprise visit before ensuring that you are compliant with the AKS and related laws. Frier Levitt is experienced in giving legal and regulatory advice on whether arrangements violate the AKS or otherwise fit within one of its “safe harbors”. This advice can also be incorporated into a broader compliance plan for your practice. In this the “age of compliance,” you increase the chance of avoiding unwanted scrutiny, and decrease the chance of adverse consequences should you be the focus of such scrutiny, by having a functioning compliance plan and policy. Contact Frier Levitt today to speak to an attorney regarding whether any of your arrangements risk AKS scrutiny and about your compliance needs.