Under the Anti-Kickback law, it is illegal for healthcare providers to knowingly and willfully accept anything of value in return for patient business from patients insured by government programs. Whistleblower attorney Eva Gunasekera breaks down qui tam lawsuits involving healthcare kickback schemes.
Watch the video or read the transcript below.
Speaker: Tycko & Zavareei LLP Partner Eva Gunasekera
What Are the Anti-Kickback and Stark Laws?
The Anti-Kickback law makes it illegal for a healthcare provider to knowingly and willfully accept anything of value in return for patient business if the patient is insured by a government program like Medicare, Medicaid, TRICARE, the Veterans Administration or the Federal Employees Health Benefits Program. The Stark Law also prohibits physicians from referring these patients to other health care providers or entities with whom they have a financial relationship.
What Is the Purpose of Anti-Kickback and Stark Laws?
Both the Anti-Kickback and Stark Laws are intended to help ensure that medical decision making is not compromised by improper financial incentives. Healthcare providers are required to base medical decisions on the best interest of the patient, not the best interest of their own wallet. The Department of Justice has very successfully enforced the False Claims Act for these types of violations.
When Should I Contact A Whistleblower Lawyer?
If you work in the healthcare industry and have knowledge that your employer may be participating in unlawful referral arrangement, you may have a False Claims Act case. If your case is successful, there are financial rewards for whistleblowers and there are protections against retaliation for raising your concerns to your employer or the government. Contact whistleblower attorneys at Tycko & Zavareei to learn more.