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Kickback Schemes

In order to ensure that a doctor’s medical judgment remains untainted and the medical decisions are provided in the best interest of the patient, the Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving financial incentives to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs.

Kickback schemes not only compromise medical integrity, but they also cost taxpayers billions of dollars each year. Accordingly, the federal government takes allegations of kickback schemes very seriously and aggressively enforces violations of the Anti-Kickback Statute. Moreover, under the qui tam provisions of the False Claims Act, whistleblowers who come forward to report kickback schemes and other health care fraud are entitled to a share of the government’s financial recovery.

“Charging the government for higher cost inpatient services that patients do not need wastes the country’s health care resources,” said Assistant Attorney General Stuart F. Delery for the Justice Department’s Civil Division. “In addition, providing physicians with financial incentives to refer patients compromises medical judgment and risks depriving patients of the most appropriate health care available. This department will continue its work to stop this type of abuse of the nation’s health care resources and to ensure patients receive the most appropriate care.”

An illegal kickback is any offer, payment, solicitation, or receipt of an incentive to induce the referral of services or medications. Kickbacks can take a number of forms, including the following:

    • Financial incentives
    • Bonus payments
    • Free or reduced cost vacations
    • Lavish dinners
    • Tickets to sporting events or concerts
    • Golf outings
    • Gifts
    • Speaking fees
    • Research funding grants

The whistleblower attorneys at Goldberg Kohn are committed to combating kickback schemes and other health care fraud, as well as protecting the rights of whistleblowers. If you suspect an illegal kickback scheme, or would like to discuss a possible False Claims Act case, contact us online to schedule a free, confidential appointment with one of our whistleblower attorneys.

Attorneys at Law

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