Fraud and Abuse/Stark

The "Stark" legislation limits the financial relationships between physicians and the entities to which they make referrals. The federal fraud and abuse laws limit the use of financial incentives to induce referrals of items or services paid for by the Medicare or Medicaid programs. Because a major thrust in the reorganization of the health care delivery system is the integration of physicians with organizations to which they refer, including hospitals and ancillary service providers, fraud and abuse and Stark issues are more important than ever.

The firm's multi-office fraud and abuse/Stark working group has been organized to keep clients abreast of this rapidly evolving body of law. This working group not only tracks legal developments, but also regularly provides written comments on behalf of clients in response to government regulations.

The firm has an extensive practice in responding to governmental investigations (such as those initiated by the Office of the Inspector General) and defending against criminal prosecutions. Five former deputy U.S. attorneys, now members of the firm, participate in the fraud and abuse/Stark working group, providing sophisticated representation of companies and individuals in federal and state criminal proceedings, including consultation relating to grand jury investigations, subpoenas and search warrants and qui tam litigation.

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