Under federal law, it is illegal for anyone to knowingly and willingly solicit, offer, pay, or receive remuneration, either in a direct manner or indirectly, to induce any type of business that is reimbursable under Medicare, Medicaid, TRICARE, or another federal healthcare program.
Anti-Kickback Statute violations are some of the most common allegations surrounding government investigations, disciplinary proceedings against doctors, and board actions. Those who are charged with Anti-Kickback Statute violations must meet two elements of guilt. These include recovering remuneration for their actions and acting with illegal intent. To convict a person of violating the Anti-Kickback Statute, the government must be able to prove these two criteria existed.
Providing Remuneration
There are various ways that remuneration can be proven in the court of law. In general, remuneration is any type of payment provided to a person for a service or product. Remuneration can be provided by way of cash, donations, gifts, rebates, consulting fees, and more. The scope provided by the law is broad and encompasses even so much as a referral. Defending remuneration requires the accused to disprove that any type of ill intent existed behind the receipt of remuneration.
The Requirement of Intent
An illegal intent that is made with the purpose of inducing or rewarding referrals or to lease, order, arrange for, purchase, or recommend a product or services that may be paid for by a government health care program must exist with remuneration. These two factors must be found to co-exist in order for a person to be found in violation of the statute.
The Impact of Patient Protection and Affordable Care Act
Under the new Patient Protection and Affordable Care Act, the government no longer has to prove that the defendant knew that the behavior was unlawful. As a result, a person no longer needs to know about the Anti-Kickback Statute or any specific intent to commit a violation of the act. These laws make it easier for the government to prove illegal intent existed.
People who are convicted of Anti-Kickback Statute violations can face extensive jail sentences, fines, and more. Working with a knowledgeable criminal defense attorney is imperative if you are facing charges.
Healthcare Fraud Group Can Help You
Being convicted of an Anti-Kickback Statute violation and various other healthcare fraud crimes can have a devastating impact on a person’s life. These charges can result in lengthy prison sentences, hefty fines, and the suspension of a license to practice medicine in the United States. Unfortunately, there are instances where medical professionals are wrongfully convicted of these crimes. Working with an Anti-Kickback Statute defense attorney will ensure those accused of these crimes have the best chances of getting the justice they deserve.
We at Healthcare Fraud Group have decades of experience fighting to protect the rights of those accused of health care crime throughout the entire country. Our team provides aggressive and competent legal representation to help those accused prove their innocence. If you have been accused of an Anti-Kickback Statute violation, do not wait. Contact our law firm today at (888) 402-4054 to protect your legal rights.
