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What Are the Penalties in Health Care Kickback Cases?

Here is Why Healthcare Marketing Specialists, Physicians, and Healthcare Business Owners from Across the United States Want Oberheiden P.C. on Their Defense Team Oberheiden PC is a team of former DOJ Officials, presidentially appointed and U.S. Senate confirmed attorneys, former Special Agents with significant healthcare law enforcement backgrounds. Our team...

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Bayer Paid Doctors Millions for Questionable Birth Control Device

July 8, 2018 Bayer Paid Doctors Millions for Questionable Birth Control Device Bayer AG, the pharmaceutical giant responsible for drugs and devices such as Aleve, Aspirin, and Yaz, is facing tens of thousands of lawsuits from women who claim that its new Essure birth control device is dangerous and defective....

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What Constitutes a “Safe Harbor” in an Anti-Kickback Statute Investigation?

In a federal investigation under the Anti-Kickback Statute (AKS), a key defense strategy will often be to assert a statutory or regulatory safe harbor. As explained by the U.S. Department of Health & Human Services' (DHHS) Office of Inspector General (OIG), "[t]he 'safe harbor' regulations describe various payment and business...

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Florida Anti-Kickback Statutes & Patient Brokering Act

Federal Healthcare Fraud Defense Attorneys Serving Florida Health Care Professionals While most physicians, pharmacists, nursing home administrators, and health care facility executives are aware of the stringent federal laws that apply to their businesses, far fewer have a clear understanding of the state laws that present equally substantial risks for...

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When Is The CEO Liable For Kickbacks Of Employees And Contractors?

As the CEO of a health care company, you know that health care regulations are a minefield.  You may even have an internal or external compliance officer to make sure that the company does not inadvertently break the law.  And, you know that paying kickbacks in exchange for patient referrals...

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Anti-Kickback Prosecutions For Paying Patients

Anti-kickback Investigation Defense Attorneys for Healthcare Professionals Former DOJ-Prosecutors & Healthcare Law Defense Counsel Providing payment or other benefits to patients may implicate numerous federal healthcare laws and other federal criminal statutes, including the general healthcare fraud statute, the federal Anti-Kickback Statute, and federal mail and wire fraud statutes.  Providers,...

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Mistakes to Avoid in Anti-Kickback Investigations

Oberheiden, P.C. is a team of former Department of Justice prosecutors and veteran federal defense attorneys that represent physicians, business owners, and health care executives against government investigations and federal charges. With decades of combined experience in leading government positions, our attorneys are able to effectively assess a situation and...

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What You Should Do When You Are Under Investigation for Anti-Kickback Violations?

Unlike most industries, the healthcare industry is heavily regulated, and kickbacks (payments for referrals) are not permitted. Anti-Kickback investigations should be taken very seriously and may result in civil or criminal charges. (more…)

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What Is the Discount Safe Harbor?

The Anti-Kickback Statute (AKS) is a criminal law that prohibits the knowing and willful payment or receipt of any form of remuneration to influence (i) the referral of an individual for an item or service for which payment may be made by a federal health care program or (ii) the...

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Defending Physicians against Kickback Charges in Connection with PGX Testing

Laboratory Kickback Prosecutions Since 2014, when the Department of Health and Human Services’ Office of the Inspector General released a Special Fraud Alert regarding improper payments by laboratories to referring physicians, federal investigators have increasingly focused on the relationships between laboratories and physicians.  Federal investigators are particularly on the lookout...

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