Government enforcement efforts in the health care industry have increased dramatically in recent years and promise to continue that trend for the foreseeable future. First and foremost, Alston & Bird health care attorneys have the experience and the resources to ensure that your contracts, operations and key relationships are structured in a manner that minimizes the risks from federal and state fraud and abuse laws. In the event such allegations are raised, we can respond quickly to engage government officials and address the allegations proactively. Our team regularly advises on application of federal and state anti-kickback statutes, physician self-referral laws (including the federal Stark Law and state laws of similar import), restrictions on beneficiary inducements, federal and state False Claims Acts, and the federal Civil Monetary Penalties law.
Representative matters include the following:
Obtained a favorable OIG Advisory Opinion related to a donation by a private hospital to a state university.
Regularly conduct internal investigations related to potential violations of the fraud and abuse laws.
Prepare, submit and negotiate voluntary self-disclosures to OIG, CMS and state attorney general offices.
Provide advice to a wide range of health care providers with respect to proposed or existing arrangements, operations or affiliations.
Defend against qui tam lawsuits alleging violations of fraud and abuse laws.
Negotiate settlement agreements with government agencies over perceived areas of non-compliance.