BakerHostetler regularly counsels clients on a variety of fraud and abuse matters involving the federal Anti-Kickback Statute, the federal physician self-referral law known as the Stark Law and the Civil Monetary Penalties Law. We also assist clients with compliance with state fraud and abuse laws.
Our Approach
Healthcare providers regularly engage in business arrangements that may implicate the fraud and abuse laws. BakerHostetler has experience in the breadth of fraud and abuse matters, from analyzing a potential new business arrangement to reviewing ongoing compliance and assisting clients with handling a self-disclosure or government investigation. We understand that our clients are facing increased pressures from various enforcement agencies and we help them navigate the increasingly regulated healthcare environment.
Our healthcare attorneys have broad experience with the multitude of transactions and arrangements in the healthcare industry, which gives us a unique perspective in helping clients structure arrangements in compliance with the Anti-Kickback and Stark laws, including joint venture arrangements, service contracts, equipment rental and lease arrangements, medical directorships and a variety of other arrangements. Our clients have included academic medical centers, hospitals and hospital systems, physician groups, laboratories, imaging centers and post-acute providers, such as home health agencies and DME suppliers. We also have significant experience in assisting clients in evaluation of existing relationships and with government investigations, including responding to civil investigative demands and administrative subpoenas issued by the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) and U.S. Department of Justice (DOJ). If a client discovers an arrangement that may be in violation of the Anti-Kickback or Stark laws, our team can assist with taking corrective action through a self-disclosure and settlement negotiation.
Stark Law compliance is an important aspect of almost any arrangement involving physicians. Recent changes to the Stark Law, including changes to the whole hospital exception, disclosure requirements for certain imaging services and under arrangements issues, each require careful consideration from providers. Our team knows the complexities of the law and its exceptions, and we apply this extensive knowledge when assisting our clients with internal investigations and potential self-disclosure actions. Providers have multiple targets on their backs as enforcement actions for Stark Law violations may be initiated by the HHS Centers for Medicare and Medicaid Services (CMS), the OIG, the DOJ and whistleblowers in False Claims Act litigation. We understand these pressures and regularly counsel our clients who are facing potential enforcement actions.