Stark Law and Anti-Kickback Statute
The Stark Law and the anti-kickback statute (AKS) restrict financial relationships in the health care industry. The rules are technical and complex. Violation of these laws can result in large recoupments, civil fines, False Claims Act liability, potential exclusion from health care programs and even criminal penalties.
Members of our Health Care team review proposed transactions, contracts, leases, joint ventures and other financial arrangements for compliance with Stark and AKS requirements. We assist health care providers and those who transact business with them to develop and execute business arrangements that meet client objectives while addressing these regulatory risks.
When a client discovers a financial arrangement that potentially violates Stark or AKS requirements, we review all facts and circumstances, as well as applicable regulations and laws, to identify the most efficient and practical resolution. When necessary, we assist clients in self-disclosure and repayment, and in responding to government inquiries.
The arrangements we have reviewed for Stark and AKS compliance pertain to diagnostic facilities, ambulatory surgery centers, physician group practice services and facilities, hospital physician recruiting programs and others.
Representative projects include the following:
- Review and analysis of regulatory issues raised by joint ventures between hospitals and radiologists offering imaging services.
- Review and analysis of regulatory issues in connection with a physician groupís proposed investment in an MRI facility.
- Review and analysis of regulatory issues for a physician group establishing a histology laboratory.
- Review and analysis of regulatory issues confronted by a physician group in developing an ambulatory surgery center.
- Review and analysis of regulatory issues presented by the lack of a signed contract for radiologist services billed under the in-office ancillary services exception to the Stark Law.
Health Care Team Contacts