Defending Against Allegations of Kickback and Self-Referral Violations in California Healthcare
Healthcare professionals operate under rigorous regulations designed to ensure fair practices and maintain the integrity of patient care. However, despite best efforts, allegations of kickbacks and self-referrals, often under the Stark Law and Anti-Kickback Statute, can arise. These allegations can severely impact a healthcare provider’s reputation, professional license, and financial stability. The Law Offices of Art Kalantar defends healthcare providers in California against such serious accusations, ensuring they are treated fairly while working to get the best outcome possible. This blog post discusses the legal landscape surrounding these allegations and outlines robust defense strategies. For help navigating charges of illegal kickbacks or self-referrals in Los Angeles or statewide, contact the Law Offices of Art Kalantar for help from an experienced and successful California healthcare criminal defense attorney.
Understanding Kickbacks and Self-Referral Laws: The Anti-Kickback Statute (AKS)
The AKS is a federal law aimed at preventing any exchange (or offer to exchange), of anything of value, intended to induce or reward referrals of federal healthcare program business. Violations of the AKS are serious, potentially resulting in criminal charges, fines, and exclusion from federal healthcare programs such as Medicare and Medicaid.
Understanding Kickbacks and Self-Referral Laws: The Stark Law
Also known as the physician self-referral law, the Stark Law prohibits physicians from referring patients to receive “designated health services” payable by Medicare or Medicaid from entities with which the physician (or an immediate family member) has a financial relationship unless an exception applies. Stark Law violations can lead to civil penalties, including fines and exclusion from federal health programs.
Defense Strategies Against Kickback and Self-Referral Allegations
When facing allegations of kickbacks or self-referrals, a detailed and nuanced defense strategy is crucial. The Law Offices of Art Kalantar employs a comprehensive approach to defending our clients, which includes:
1. Detailed Analysis of the Allegations
Understanding the specifics of the accusation is the first step in any defense. This involves a thorough review of all transactions and referrals questioned by the authorities. Our legal team meticulously analyzes contracts, emails, payment records, and referral patterns to build a factual foundation for the defense.
2. Establishing Compliance with Safe Harbors and Exceptions
Both the AKS and the Stark Law contain numerous safe harbor provisions and exceptions that can legally justify the questioned practices. Demonstrating that your activities fit within these legal boundaries can be an effective defense against allegations. Our expertise allows us to navigate these complex regulations and identify applicable exceptions that reinforce compliance.
3. Demonstrating Lack of Intent
Intent is a critical element in many healthcare fraud cases. We focus on disproving the prosecutorial claim that there was an intent to induce or reward patient referrals or to otherwise violate the law. This might involve showing that any remuneration was for legitimate services and that all transactions were conducted at fair market value.
4. Negotiating Settlements
In situations where evidence may not be strongly in favor of the defendant, negotiating a settlement might be the appropriate strategy. Settlements can often result in reduced penalties and avoidance of a lengthy trial. Our firm has significant experience negotiating with both state and federal authorities to reach equitable agreements on behalf of our clients.
Contact the Law Offices of Art Kalantar for Strong and Effective Defense Against Charges of Illegal Kickbacks and Self-Referrals in California Healthcare
Allegations of kickbacks and self-referrals can tarnish a healthcare professional’s career and personal life. It is imperative to approach such accusations with a proactive and informed defense strategy. The Law Offices of Art Kalantar in California is committed to providing robust legal representation to healthcare providers facing these serious allegations. Our deep understanding of both federal and state healthcare laws, combined with a strategic approach to defense, positions us uniquely to defend our clients effectively.
For more information or to discuss a specific case, please call the Law Offices of Art Kalantar at 310-773-0001. Our expertise is your best defense against complex healthcare allegations.
