Florida Kickbacks Lawyer
Kickbacks are a serious issue within the healthcare industry, and those involved can face severe legal consequences. In Florida, The Baez Law Firm helps clients understand what type of activity constitutes an illegal kickback under applicable laws such as the Federal Anti-Kickback Statute (AKS), codified at 42 U.S.C. §1320a-7b. Don’t take chances when your liberty and your livelihood are at stack. Contact our Florida kickback lawyers today.
What Are Kickbacks?
A kickback in the healthcare industry includes any form of compensation or reward given to someone for referring business or patients to a service provider. This could include money, gifts, or anything of value. The primary concern with kickbacks is that they can lead to overutilization of services, increased costs to the federal healthcare programs, and corrupt medical decision-making that prioritizes financial gain over patient care.
The Federal Anti-Kickback Statute (AKS)
The Federal Anti-Kickback Statute (AKS), 42 U.S.C. §1320a-7b, is a criminal law that prohibits the exchange of remuneration for referrals for services that are reimbursable by federal healthcare programs, such as Medicare and Medicaid. The AKS aims to protect patients and federal healthcare programs from the corrupting influence of money on healthcare decisions.
Key provisions of the AKS include:
- Prohibition of Remuneration: The AKS makes it illegal to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce or reward referrals for services covered by federal healthcare programs.
- Intent Requirement: To violate the AKS, the defendant must act knowingly and willfully, meaning there is a clear understanding and intent to engage in prohibited conduct.
- Penalties: Violations of the AKS can result in severe penalties, including fines of up to $100,000 per violation, exclusion from participation in federal healthcare programs, and up to ten years in prison. Civil penalties can also be imposed under the Civil Monetary Penalties Law (CMPL).
Exceptions and Safe Harbors
While the AKS is broad, there are certain exceptions and “safe harbors” that protect specific business arrangements from prosecution. These safe harbors outline various permissible practices that, if fully complied with, do not violate the AKS. Some common safe harbors include:
- Investment Interests: Investments in certain entities are protected if they meet specific criteria.
- Space and Equipment Rentals: Rental agreements for space or equipment used in the healthcare industry must meet particular requirements to be exempt from AKS violations.
- Personal Services and Management Contracts: These contracts are protected if they follow strict guidelines regarding fair market value and legitimate business purposes.
Understanding these safe harbors is essential for healthcare providers and professionals to structure their business practices within legal boundaries. They can also provide an avenue for defense when charges impact these areas.
Defending Against AKS Charges in Florida
Facing charges under the AKS can be stressful and intimidating, but a knowledgeable Florida criminal defense lawyer can provide a robust defense. At The Baez Law Firm, we pursue all avenues available, including challenging the prosecution’s assertion that the defendant acted knowingly and willfully to negate the intent element of a kickback offense. We also make full use of the safe harbor provisions of the AKS. As experienced criminal defense attorneys, our team is ready to present constitutional challenges to prosecution when law enforcement officers overstep their bounds or prosecutors pursue an overly broad or vague interpretation of the applicable law.
Call Our Florida Kickback Lawyers Today
The complexities of the Anti-Kickback statute and its exceptions require a strategic approach based on thorough understanding. If you are facing allegations related to kickbacks, it is essential to seek the assistance of an experienced Florida criminal defense lawyer who can provide the expertise and defense strategies needed to protect your rights and interests.
At The Baez Law Firm, we are dedicated to offering comprehensive legal defense for individuals and entities accused of violating the anti-kickback statute. Our deep understanding of healthcare law and criminal defense ensures that we can effectively advocate on your behalf. Call us today at 800-588-BAEZ or contact us online for a free consultation to discuss your case and learn how we can help you.
