Is your healthcare practice facing Stark Law allegations? Your business, reputation, and professional future are at stake. Immediate action is critical to prevent investigation escalation and potential federal charges.
Lowther | Walker’s healthcare defense attorneys bring unparalleled expertise to Stark Law defense. Our strategic approach helps clients navigate these complex self-referral prohibitions while protecting their interests.
Our Stark Law defense team will:
Don’t face Stark Law allegations alone.
Proactively book your free, confidential consultation online or call (404) 806-7997 to discuss your Stark Law investigation response.
The Stark Law creates significant compliance challenges for healthcare providers by prohibiting physicians from making Medicare patient referrals to entities providing designated health services (DHS) when the physician or their immediate family members maintain financial relationships with those entities.
This complex federal statute stands among the most intricate areas of healthcare regulation, with detailed provisions governing various compensation arrangements, ownership structures, and referral patterns. Our federal healthcare defense attorneys navigate these complex regulations daily, helping providers understand when standard medical practices might inadvertently trigger Stark Law violations and identifying applicable exceptions that may protect legitimate arrangements.
Our experienced healthcare fraud defense attorneys can analyze your referral patterns, compensation structures, and business relationships to identify risks and develop compliance strategies that protect your practice while ensuring continuity of patient care.
A Guide to Healthcare Billing Compliance
Our proactive approach to Stark Law, preventative compliance consultations and potential violations makes Lowther | Walker one of the country’s leading Stark Law defense firms. Call upon our experienced attorneys for:
Our healthcare compliance lawyers help medical professionals follow Stark Law guidelines in their business structures. We analyze current business arrangements and present potential areas of legal concern and re-structuring opportunities.
Lowther | Walker presents robust responses to charges under the Stark Law and Antikickback Statute. Our experienced attorneys will handle all communications with OIG, DOJ, and HHS investigators.
After a conviction under the Antikickback Statute, there are various avenues for appeal. Lowther | Walker guides practitioners through administrative appeals with CMS or HHS, and represents clients in judicial reviews and appellate court hearings.
Stark Law is a set of federal regulations found in Section 1877 of the Social Security Act. The law prohibits the self-referral of patients by physicians to entities with which they have an existing business relationship.
Stark Law refers to related entities as “Designated Health Services”. These include:
Hospital services (inpatient and outpatient)
Clinical laboratory services
Imaging and radiology services
Radiation therapy services
Physical and occupational therapy
Outpatient pathology services
Durable medical equipment and supplies
Prosthetic and orthotic devices
Home health services
Outpatient prescription drugs
Nutritional supplements and parenteral products
Hospice care
Beyond physicians Stark Law also covers governs business relationships for several other types of medical care provider, including:
Dentists
Optometrists
Chiropractors
In most scenarios where Stark Law is a consideration, medical professionals must also consider the Anti-Kickback Statute. The Anti-kickback Statute sets the regulations for criminal penalties for individuals and entities who knowingly and willfully offer, pay, solicit, or receive remuneration to induce business payable by Medicare or Medicaid
Stark Law is a civil law and not a criminal law. therefore the courts prosecuting Stark Law violations impose financial penalties. Physicians can be fined $15,000 for each violation and face fines up to $100,000 if the courts find the medical provider deliberately devised a scheme to circumvent Stark Law.
Providers can face criminal penalties under the Anti-Kickback Statute. Physicians violating the Statute face sentences of up-to five years in prison and fines of up-to $25,000 per violation. Physicians found violating the AKS also face exclusive from the Medicare and Medicaid programs.
Discover why healthcare providers across the United States call Lowther | Walker for defense of Stark Law and Anti-Kickback Charges. Request a free consultation by calling (404) 806-7997 or contact us online. Our senior lawyers will respond urgently to your consultation request.
Some common safe harbors include:
While both laws address improper financial relationships in healthcare, key differences include:
Digital health and telemedicine arrangements must comply with the AKS. Special considerations include:
An effective compliance program should include:
If a potential violation is discovered, providers should:
