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.

When Healthcare Entrepreneurs & Medical Doctors Collaborate, Corporate Practice of Medicine Legal Issues Rule

Jill’s healthcare venture requires her to source a medical doctor (MD) who can collaborate with Jill’s startup to provide a series of innovative healthcare therapies to users

Physician Recruitment Agreements Obligate the Hospital, Medical Practice and the Physician – Make Sure You Know What Your Obligations Are

Physician recruitment agreements involve the rights and duties of three parties. Experienced healthcare lawyers craft the proper exceptions to the Anti-Kickback Statute and Stark Law

The Unknown Dangers Non-Physicians Need to Be Prepared For

Non-Physicians including chiropractors, dentists, psychologists, nurses, and acupuncturists can get into serious civil and criminal trouble if they don’t know or don’t comply with a range of [...]

Recent Stark Law and Anti-Kickback Statute Cases

Medical providers must abide by Stark Law and the AKS. Referrals must be based on what is best for the patient. If profit is the driver, the providers will often pay a substantial settlement or [...]

Compliance Issues for Medical Fitness Centers, Gyms, and Wellness Centers – Part 2

As gyms and medical fitness centers expands the services and products they offer and depend more on physician referrals and doctor employment, compliance review becomes a must.

Examples of Medical False Claims Act Violations That Will be Prosecuted

Doctors, hospitals, med spas, pharmacies and other healthcare providers may violate the False Claims Act if they violate Stark Law or the Anti-Kickback Statute in addition to inflating bills, [...]

Digital Health Legal Roadblocks: Is the MSO Structure the Answer to Kickback and Corporate Practice of Medicine Concerns?

Is the MSO Structure the Answer to Kickback and Corporate Practice of Medicine Concerns in Digital Health and Telemedicine?

Will Corporate Practice of Medicine Kill Your Healthcare Venture?

Whether your healthcare venture involves digital health, mobile health, or a physical health and wellness center, strong vs. weak corporate practice of medicine prohibitions can be deadly.

Can you get the Priestly Blessing from your Healthcare & FDA Lawyer?

If you've invested tens, hundreds of thousands of dollars or possibly even millions into your business, then, of course, you want to be a sensible business person and have a reasonable [...]

Smart Healthcare Venture, Smart Legal Choices

We have great passion for what you're doing for your business. We want to see you make smart choices and we're there with you every step of the way.

A Physician, a Healthcare Startup, and a Healthcare Clinic Walk into a Healthcare Law Firm

A captivating tale of 3 healthcare legal adventurers navigating their way through the legal maze

Work through the thorny knots of Healthcare law

We are experts in Stark and kickback law, fee splitting issues, FDA enforcement, FTC enforcement, legal issues surrounding advertising and marketing, medical board issues, medical technology, [...]

Is Your Medical Practice or Healthcare Company at Risk of Anti-Kickback Penalties?

Medical doctors and health care companies who participate in kickbacks for referrals can face severe enforcement penalties.

Do You Know the Key Differences Between the 4 Ambulatory Safe-Harbors to the Federal Anti-Kickback Statute (AKS)?

There are four types of ambulatory safe harbors in the federal Anti-Kickback Statute. We explain the key differences between the ambulatory safe harbors to the federal anti-kickback statute (AKS)

5 Key Stark and Anti-Kickback Legal Rules You’ll Want to Know

While federal Stark and anti-kickback laws, and state law equivalents (often known as “mini-Stark” and “fee-splitting prohibitions”) are very complex, there 5 key legal rules you’ll want to know. [...]

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 [...]

How to Handle Stark and Anti-Kickback Legal Barriers When Physicians Invest in an MSO

This is a story about how Harry, a healthcare entrepreneur, worked through a proposed arrangement that was raising Stark and Anti-Kickback issues.

Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons for discounts to patients?

Naturally, like any other business model, augmenting one’s clientele may be a priority for medical and other healthcare practitioners. Is it legal to offer coupons and discounts?

An Overview of Legal, Ethical, and Compliance Issues Governing Physician Relationships Doctors Should Know

Doctors need to understand the laws and regulations that apply to the way they bill for services, work with insurance companies, submit claims to the government, enter into business relationships [...]

MSO Gets Light Enforcement Touch by California Appellate Court Reviewing Management Services Agreement Legal Issues

MSOs (medical services organizations), or physician management and marketing companies, routinely come to us for legal advice about how to create and run an MSO profitably, in a compliant way, [...]

Is your therapy an FDA-regulated medical device? How would you know?

Today’s legal strategy sessions involved a healthcare business that is really a healthcare practice in disguise. Let’s look at what legal strategy lessons we can learn here.

Does Healthcare Law Favor or Smash Integrated Healthcare Practices Between Medical Doctors and Chiropractors?

Many aspects of healthcare are now becoming integrated. Medical practices that used to specialize are now trying to broaden their services by contracting with other medical providers who provide [...]

Is Buying a Medical Spa a Smart Move for a Medical Doctor?

You’re a licensed medical doctor, happy in your aesthetic medicine or plastic surgery practice, and you’re working part-time with a medical spa in a way that is increasing your income without [...]

Should physicians, chiropractors, and other healthcare practitioners worry when they offer coupons for discounts to patients?

Naturally, like any other business model, augmenting one’s clientele may be a priority for medical and other healthcare practitioners. Is it legal to offer coupons and discounts?

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 [...]

Do retrospective physician bonuses violate anti-kickback laws?

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

Are online call centers illegally practicing medicine or engaging in kickbacks and fee-splitting?

Are online call centers illegally practicing medicine or engaging in kickbacks and fee-splitting?

Is it a kickback when med center offers insurance agent services to its patients?

Is it a kickback when a medical center offers insurance agent services to its patients?

Corporate practice challenges medical management (MSO) organizations in New York AG action

Corporate practice challenges medical management (MSO) organizations, especially in New York AG, as shown by recent enforcement action.

Your Medical Spa Fire Physician or Physician Sue Medspa for Breach of Contract

A physician called our law firm, complaining that the management company had "embezzled" funds from the account for the medical doctor's clinic. What should he do?

Physician-Lab Agreements to Provide Exclusive Lab Services and Waive Patient Fees Could Be Kickback, OIG Advises

The federal Office of the Inspector General (OIG) reviewed a laboratory's proposal to enter into agreements with physician practices to provide all laboratory services for the practices' [...]

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?

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