NEW JERSEY CRIMINAL LAWYERS

NJ ANTI-KICKBACK STATUTE

Federal Anti-Kickback Statute: Safeguarding Federal Healthcare System
The United States Federal Anti-Kickback Statute is an essential criminal law that prohibits illegal remuneration, often involving business transactions, bonus incentives, discounts, and other similar arrangements that can lead to fraud and abuse in the healthcare system. The Social Security Act (42 U.S.C. § 1320a-7b) passed this statute in 1972 with the primary objective of preventing such misconduct by establishing criminal penalties for practices that could induce referrals for services or items reimbursed by a federal health care program. At Spodek Law Group, we understand how serious violations of the Anti-Kickback Statute can be and are committed to providing our clients with comprehensive guidance on prosecution methods used, potential legal penalties involved, possible defenses one can use, and ways to proceed if accused of violating this law.

Overview of the Anti-Kickback Statute
The Anti-Kickback Statute makes it illegal for individuals or companies to offer or receive any form of compensation in exchange for referrals related to services covered by a government-funded healthcare program. The central aim of this law is to safeguard the integrity of healthcare systems against unethical acts resulting from such monetary dealings. Violations require both remuneration between parties and illegal intent.

How Is the Law Prosecuted?
Prosecution under the Anti-Kickback Statute hinges primarily on whether parties received unlawful gains. For instance, medical practitioners who pay a fee per patient referred by a third-party to their clinic or hospital and secure profit through federal-funded reimbursement are liable under this law. Similarly, pharmacists offering bribes to sustain close relationships with suppliers prescribing high-cost drugs reimbursed from federal benefits programs commit offenses under this statute.

Legal Penalties:
Violations under 42 U.S.C. § 1320a-7b Anti-Kickback statute come with significant criminal penalties for individuals who knowingly and intentionally solicit, request or receive remuneration. These include up to 10 years in federal prison and a maximum fine of $100,000. However, sentencing under federal law can get complicated and often involves discretionary determinations of the judge, 18 U.S.C. 3553(a) considerations, and application of the Federal Sentencing Guidelines.

Possible Defenses:
Each Anti-Kickback Statute case is unique, warranting specific defense strategies. While various approaches exist, some common ones that work include provisions dubbed “safe harbors”. Herein, people or organizations that make payments that don’t fall within statute’s coverage are considered safe from legal actions. In certain cases, it may also be possible for individual defendants to demonstrate that payments do not qualify as kickbacks or bribes but are valid payments made for services offered.

Conclusion
Allegations of Anti-Kickback Statute violations are prevalent in federal criminal investigations and physician disciplinary proceedings involving healthcare fraud. If you’re facing an Anti-Kickback investigation or indictment or know someone who is, it’s crucial to seek skilled counsel from attorneys with a deep understanding of these laws and extensive experience handling such cases.
At Spodek Law Group, we have a track record success defending health care providers and medical professionals accused of Anti-Kickback violations. Our team offers top-notch legal representation nationwide aimed at obtaining the possible outcome for our clients’ cases. Contact us today at (888) 225-0799 to schedule a consultation with Attorney Todd Spodek – our lead attorney – who will help you explore the options available to you.