Dr. Nick Oberheiden
Founder
Hamilton Arendsen
Former DOJ
Trial Deputy Chief
Aaron Wiley
Former
Federal Prosecutor
S. Amanda Marshall
Former U.S. Attorney
Lynette Byrd
Former Assistant
U.S. Attorney
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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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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Safe Harbors and Healthcare Compliance
Dr. Nick Oberheiden, Esq. www.federal-lawyer.com Direct: (214) 469-9009 1-800-810-0259 Available on Weekends Safe Harbors Explained In healthcare, a safe harbor is a recognized exception to the Anti-Kickback Statute. While the Anti-Kickback Statute prohibits financial relationships between referral sources and business partners in general, safe harbors offer avenues to structure the...
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Anti-Kickback Exceptions
Dr. Nick Oberheiden, Esq. www.federal-lawyer.com Direct: (214) 469-9009 1-800-810-0259 Available on Weekends Both Stark Law and the Anti-Kickback Statute offer protection for certain financial joint ventures between physicians and business owners. Under the Anti-Kickback Statute, this is the small investment safe harbor, and under the Stark Law it is the...
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What Is the Small Investor Safe Harbor?
Dr. Nick Oberheiden, Esq. www.federal-lawyer.com Direct: (214) 469-9009 1-800-810-0259 Available also on Weekends Safe harbor regulations describe financial arrangements involving referring physicians in which, although the transaction technically implicates the anti-kickback statute, it does not actually violate the law. These safe harbor arrangements are specifically excluded from the definition of...
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10 Things To Do When You Are Under Healthcare Fraud Investigation
Dr. Nick Oberheiden, Esq. www.federal-lawyer.com Direct: (214) 469-9009 1-800-810-0259 Call Us on Weekends Finding out that you are under a federal criminal investigation and accused of healthcare fraud can be extremely frightening. However, there are things you can do from the very beginning of the case to have a positive...
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Defending Healthcare Fraud: Choosing the Right Lawyer
Dr. Nick Oberheiden, Esq. www.federal-lawyer.com Direct: (214) 469-9009 (1-800-810-0259 Including Weekends Healthcare fraud is a serious offense. Depending on the magnitude and the intent level of the wrongdoing, penalties range from civil monetary damages to imprisonment. More than ever before, the government is prosecuting healthcare fraud, and, for those that...
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