Kickback problems are like approaching traffic. Swerving to avoid them might lead you right into their path.
Tag: AKS
Drugs, Sentencing and Lock (and Roll) on to Another Kickback Prosecution – Podcast
The federal Anti-Kickback statute makes it illegal to receive anything of value for the referral of federal health care program patients. How are you managing this potential pitfall?
7 Steps to Gainsharing Heaven – OIG Advisory Opinion 17-09
In eerie (or perhaps prescient) follow up to my article about gainsharing in the December 31, 2017, issue of The Advisory E-Alert, From Steelworkers to Surgeons: Gainsharing and Physician Groups, on January 5, 2018, the OIG released an important new advisory opinion (Adv. Op. 17-09 – let me know if you’d like a copy) on…
Healthcare Kickbacks in the Fastlane – Medical Group Minute
Just like speeding, the chances of getting caught are probably only 1% or 2%. Eventually, though, someone will be pulled over.
But Does it Work in the Real World? Second Order Thinking and the Perfect Legal Structure
I recently attended a continuing legal education seminar concerning some very complex organizational structures for healthcare venture development.
Healthcare Freedom of Choice: Doughnuts and Doing Time
In a Wall Street Journal piece published in last weekend’s Saturday/Sunday Nov. 11-12, 2017, edition, Ezekial Emanuel, M.D. of the University of Pennsylvania and other pursuits, wrote of the “hype of virtual medicine.” In particular, he cited studies that show that virtual medicine and high-tech health gadgets such as Fitbits accomplish nothing in regard to…
Another Physician Guilty of Receiving Insys/Subsys Kickbacks
On October 25, 2017, another physician, Jerrold Rosenberg, M.D., pleaded guilty to charges related to the plethora of kickback prosecutions emanating from Insys Therapeutics, Inc., and its fentanyl drug, Subsys. Couch and Ruan Sent to Prison In February of this year, I wrote in my post Pain Medicine Doctors Alleged to Have Received $115,000 in…
Will Your Copier or Medical Equipment Become a Whistleblower?
Dr. Bob, the group’s compliance officer, has HIPAA on his mind almost all the time, that is, when he’s not thinking about coding or Stark or the federal Anti-Kickback Statute. So he made sure that his notebook computer’s disk drive was encrypted. And, at the end of the computer’s useful life, he took care to…
Drugs, Sentencing, and Lock (and Roll on to Another Kickback Prosecution)
As I comment often, the federal Anti-Kickback statute makes it illegal to receive anything of value for the referral of federal health care program patients.
“But Everyone’s Doing It!!!” Not a Great Defense to Compliance Violations – Success in Motion
Ride along with Mark as he discusses the tendency of many physicians and healthcare entrepreneurs to skip a critical review of the legality of their business structures.




