AKS Safe Harbors

When it comes to healthcare law, few regulations are as critical and as complex as the Anti-Kickback Statute (AKS). This federal law prohibits the exchange of anything of value to induce or [...]

Are Kickbacks Illegal?

Kickbacks are improper payments or compensation made in exchange for preferential treatment, services, or referrals. They are illegal in many industries, especially in regulated sectors like [...]

Does Stark Law Apply to Medicaid Patients?

The Stark Law, also known as the Physician Self-Referral Law, is a federal statute that prohibits physicians from referring patients for certain designated health services (DHS) payable by [...]

Understanding the Stark Law: Compliance Essentials for Healthcare Practices

Learn the key compliance requirements for the Stark Law, covering prohibited self-referrals, permissible exceptions, and risk mitigation strategies for healthcare practices. Insights from Cohen [...]

Anti-Kickback Statute Compliance for Healthcare Providers and Facilities

Learn essential Anti-Kickback Statute compliance strategies for healthcare providers and facilities, including safe harbor provisions and risk management tips. Insights from Cohen Healthcare Law Group.

Pfizer’s Bid to Help Pay Deductibles and Copays for a New Drug Denied Because the Bid Violates the AKS

A federal court and an appellate court ruled that Pfizer’s attempts to help patients with copay and deductible payments violates the AKS even if Pfizer acted with good intent.

Ambulatory Surgery Center (ASC) Compliance Issues

Ambulatory surgery centers are attractive to doctors and patients due to reduced wait times, better control over infections, and other reasons – provided the ASCs do not violate the AKS or Stark Law.

Stark Law Blanket Waivers during COVID

The Centers for Medicare & Medicaid (CMS) identified 18 waivers to Stark Law’s prohibition against self-referrals. The waivers are based on the form of remuneration and the type of financial [...]

Why the False Claims Act Affects Your Medical Practice

Violations of the AKS and Stark Law are usually violations of the False Claims Act. Penalties can include treble damages and exclusion from Medicaid and Medicare Payments

New Proposed Rules from the CMS and the OIG-HHS on Stark Law and from the Anti-Kickback Statute

The CMS and HHA are proposing new rules, such as the Patients over Paperwork Initiative, where the focus of Stark and AKS will be on value-based arrangements

DOJ Penalizes Doctors, Hospitals, & Medical Practices Millions to Settle Allegations of Anti-Kickback Statute Violations

The DOJ reported several new cases in which health care companies and doctors agreed to pay millions to settle claims of healthcare fraud due to AKS and Stark violations.

Anti-Kickback Statute and Stark Law Settlements Worth Millions

The DOJ reported several new cases in which health care companies and doctors agreed to pay millions to settle claims of healthcare fraud due to AKS and Stark violations.

What Medical Practices Should Know about the Stark Law

The Stark Law is named after California U.S. Congressman, Peter Stark. It seeks to regulate how physicians refer Medicare and Medicaid patients. The law is part of the Omnibus Budget [...]

Rock Your Practice with an MSO—MSO Compliance vs. using Independent Contactor Practitioners

Growing Pains in Your Healthcare Practice or Healthcare Venture? We’ve had many clinical practices and healthcare ventures come to us asking how to mitigate risk of anti-kickback and [...]

Physicians Fee-splitting & Nurse Fee-Splitting More Common Than You Realize

An RN who is working on getting her NP recently called our law firm, asking whether he was engaging in illegal “fee-splitting” in her compensation arrangement with a physician. Physician [...]

How substance abuse treatment centers navigate anti-kickback rules

Substance abuse treatment centers must steer carefully when sending patients for labs. Self-referral, anti-kickback, and fee-splitting rules can create legal enforcement issues and must be [...]

FEE-SPLITTING 101 FOR MDS AND OTHER INTEGRATIVE HEALTH PRACTITIONERS

Is it fee-splitting to hire another medical doctor, chiropractor, acupuncturist, or other health care practitioner in your office and give them a “cut” of patient revenues? Fee-splitting, [...]

Do retrospective physician bonuses violate anti-kickback laws?

Do retrospective physician bonuses violate anti-kickback laws? Well they are problematic.

How Can A Healthcare Clinical Practice Bonus Its Staff, Employees, & Marketing Personnel Without Trigger Fee-Splitting and Anti-Kickback Issues?

Healthcare bonuses raise fee-splitting and anti-kickback issues; is there a workaround?

Are physician online dietary supplement sales, kickbacks or fee-splitting?

Are physician online dietary supplement sales, kickbacks or fee-splitting?

Packaging medical services – is it a legal concierge arrangement, or an illegal kickback?

If you're a medical doctor, dentist, acupuncturist, chiropractor, or other licensed healthcare provider, and you offer your patients "9 sessions, get 1 free," have you violated kickback laws?

Is it fee-splitting for medical doctors to share revenues with non-medical business owners?

"I provide medical (or acupuncture, chiropractic, osteopathic, massage) services on an hourly basis and get paid a percentage of revenues in return.” Is that fee-splitting?

Do online coupons for discounts to physician and other clinician services violates Stark, anti-kickback and fee-splitting laws?

Many online ventures want to know whether Stark, anti-kickback, and fee-splitting laws are violated by business arrangements that offer online coupons or Web-based coupons to customers. Let's [...]

Corporate Practice of Medicine & Anti-Kickback / Fee-Splitting Rules: Deep Down the Regulatory Rabbit Hole

Many healthcare ventures seek to avoid corporate practice of medicine (or psychology) and fee-splitting violations, but they need to first understand how deeply down the rabbit hole these [...]

Quick Summary of Federal “Stark” Self-Referral & Anti-Kickback Law and California Self-Referral and Fee-Splitting Prohibitions

Here is a quick summary of federal self-referral ("Stark law") and anti-kickback law, and California self-referral and anti-kickback / fee-splitting rules. Each state has its own laws, of course.

What anti-kickback and fee-splitting legal issues arise when physicians or other healthcare providers lease space?

Many physicians, chiropractors, acupuncturists, and other healthcare practitioners want to know whether they are fee-splitting when they rent a room hourly from a medical practice or other [...]

Fee-splitting 101 for medical doctors, chiropractors, acupuncturists, and others

Is it fee-splitting to hire another medical doctor, chiropractor, acupuncturist, or other health care practitioner in your office and give them a "cut" of patient revenues? Fee-splitting, [...]