OIG Medical Health Defense Attorney Icon

Stark Law Attorneys

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:

  • Evaluate whether your situation qualifies for Stark Law exceptions
  • Develop strategies to address improper compensation arrangements
  • Create remediation plans to minimize potential penalties and sanctions
  • Analyze physician arrangements for potential compliance issues.

 

Don’t face Stark Law allegations alone.

Proactively book your free, confidential consultation online or call (404) 496-4052 to discuss your Stark Law investigation response.

No-obligation. Fully confidential. 

Call Us Today: (404) 496-4052

Our Stark Law Defense Lawyers

Our Healthcare Fraud Defense Results

5-Star Rated Federal Criminal Defense Lawyers

Table of Contents
Table of Contents

Understanding Stark Law

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.

Additional Stark Law Defense Resources:

A Guide to Healthcare Billing Compliance

The Anti-Kickback Statute and Stark Law

Defenses in Medicare Fraud Investigations

How Can Lowther | Walker’s Stark Law Attorneys Help Medical Providers?

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:

Guidance on Stark Law Compliance

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.

Effective Stark Law and Antikickback Charge Defense

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.

Antikickback And Stark Law Appeals

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.

An Overview of Stark Law

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 Entities

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

Medical Professionals Governed by Stark Law

Beyond physicians Stark Law also covers governs business relationships for several other types of medical care provider, including:

  • Dentists
  • Optometrists
  • Chiropractors

The Anti-Kickback Statute and Stark Law

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.

Penalties for Stark Law and Antikickback Violations

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.

Call Lowther | Walker for a Consultation on Stark Law and Anti-kickback Violations

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) 496-4052 or contact us online. Our senior lawyers will respond urgently to your consultation request.

No-obligation. Fully confidential. 

Call Us Today: (404) 496-4052

FAQs on Stark Law and the Anti-Kickback Statute

Table of Contents
Table of Contents

What are some examples of safe harbors under the AKS?

Some common safe harbors include:

  • Space and equipment rental arrangements
  • Personal services and management contracts
  • Investment interests
  • Discounts
  • Employee compensation
  • Warranties
  • Electronic health records arrangements
  • Value-based arrangements

What is the difference between the Anti-Kickback Statute and the Stark Law?

While both laws address improper financial relationships in healthcare, key differences include:

  • The AKS is an intent-based criminal statute that covers all federal healthcare programs
  • The Stark Law is a strict liability civil statute that applies only to Medicare and Medicaid
  • The AKS prohibits knowingly and willfully offering or receiving remuneration to induce referrals
  • The Stark Law prohibits physician self-referrals regardless of intent

How does the Anti-Kickback Statute apply to digital health and telemedicine?

Digital health and telemedicine arrangements must comply with the AKS. Special considerations include:

  • Patient inducement concerns related to providing free technology
  • Fee structures between telemedicine companies and providers
  • Marketing arrangements and patient acquisition channels
  • Data sharing and monetization arrangements
  • Compliance with applicable safe harbors

What should be included in an effective Anti-Kickback Statute compliance program?

An effective compliance program should include:

  • Written policies and procedures addressing AKS compliance
  • Designation of a compliance officer or committee
  • Regular training for staff on AKS requirements
  • Effective lines of communication for reporting concerns
  • Internal monitoring and auditing of high-risk arrangements
  • Mechanisms for prompt response to detected offenses
  • Consistent enforcement of disciplinary standard

What should providers do if they discover a potential AKS violation?

If a potential violation is discovered, providers should:

  • Consult with legal counsel immediately
  • Consider self-disclosure through the OIG Self-Disclosure Protocol
  • Take corrective action to address the issue
  • Implement preventive measures to avoid recurrence
  • Document the investigation and remedial steps taken

PROUD MEMBERS OF

badge-afda
badge-nacdl
badge-gacdl
badge-aba
badge-sbg