In the health care setting, “fraud and abuse” generally falls within the purview of three separate federal laws:
- Stark Law
- Anti-kickback
- False Claims
The common denominator in each of these laws is that they prohibit a provider from receiving payments in a way that the government has deemed unlawful.
I assist health care providers evaluate potential liabilities under these laws. These laws can be implicated in the day-to-day practices of a health care provider, in forming business relationships with other providers or health care entities, or when establishing a second business (particularly if it relates to health care).