Oberheiden, P.C. Blog

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

Categories: Anti-Kickback Issues

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 practices that, although they potentially…

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What Is the Discount Safe Harbor?

Categories: Anti-Kickback Issues

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 purchase, lease, order, or arrangement…

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Safe Harbors and Healthcare Compliance

Categories: Compliance

Health Care 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 exchange of remuneration in a…

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Anti-Kickback Exceptions

Categories: Anti-Kickback Issues

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 indirect compensation provision. This article…

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What Is the Small Investor Safe Harbor?

Categories: Health Care Law

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 illegal remuneration. Among the most…

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